San Dimas Municipal Code Ch. 5.77 Massage

Prior ordinance history: Ords. 1085, 1184 and 1190.

The provisions of this chapter shall apply to any premises which conducts or operates a massage practice as defined in Chapter 5.08 of this title.

(Ord. 1242 § 2, 2016)

The provisions of this chapter are intended to enhance the efficient processing of permits for massage establishments, owners and managers and the ongoing regulation of those permittees and certified holders by the city. The provisions of this chapter in no way limit the authority of the city to inspect massage establishments or conduct investigations to ensure permittees are complying with the applicable rules and regulations of this chapter and Business and Professions Code Section 4600 through 4620.

The regulations and restrictions contained in this chapter are intended to discourage massage establishments from degenerating into houses of prostitution, and the means utilized in this chapter bear a reasonable and rational relationship to the goals sought to be achieved within the confines allowed by the state law.

(Ord. 1242 § 2, 2016)

"Accessory massage"

means a massage practice which is secondary and incidental to a primary use allowing the following businesses to offer accessory massage: health clubs, day spas, gyms, beauty salons, barber shops, chiropractor offices, physical therapy offices, medical doctor offices, hospitals and similar uses, provided that the accessory massage shall be less than fifty percent of the floor area. Any change to this definition will change the definition of accessory massage in Chapters 5.08 and 18.08.

"California Massage Therapy Council" or "CAMTC"

shall mean Massage Therapy Organization formed pursuant to Business and Professions Code Section 4600.

"CAMTC certificate"

shall mean the unconditional certificate issued by CAMTC to massage therapists pursuant to California Business and Professions Code Section 4600 et seq. "CAMTC certificate" shall not include a conditional CAMTC certificate issued by the massage therapy organization to any massage therapist.

"Certified massage therapist"

shall mean an individual certified by CAMTC as a certified massage therapist pursuant to California Business and Professions Code Section 4600.

"City"

shall mean the city of San Dimas.

"Client"

shall mean a customer or patron who pays for or receives massage services.

"Compensation"

shall mean the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.

"Employee"

shall mean any person employed by the massage business who may render any service for the business, and who receives any form of compensation from the business. The term "employee" shall include independent contractors who are regularly employed by a massage establishment and who work at a massage establishment.

"Massage"

shall mean and include any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, manipulation, or stimulating the external parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or similar preparations. "Massage" shall further include any bath, facial massage, fomentations, massage, electric or magnetic treatment, acupressure, shiatsu, alcohol rub, and Russian, Swedish and Turkish baths. Any change to this definition will change the definition of accessory massage in Chapters 5.08 and 18.08.

"Massage establishment" or "massage practice"

shall mean any business or operation where any individual, firm, association, partnership, corporation, or combination of individuals, engages in, conducts, carries on, or permits to be engaged in or conducted, for money or any other consideration, massage or health treatments involving massages including, but not limited to, those businesses that provide massage accessory to their principal permitted use, such as health clubs, day spas, gyms, beauty salons, barber shops, chiropractor offices, physical therapy offices, medical doctor offices, hospitals, and similar uses. Any change to this definition will change the definition of accessory massage in Chapter 5.08.

"Massage technician" or "massage therapist"

shall mean any person who administers to any persons, for any form of consideration or gratuity, a "massage" as defined in this section. A massage technician includes a student at a school of massage who administers a massage to any person who pays for or gives a gratuity for such, whether the payment of gratuity is to such student or to the school. Any change to this definition will change the definition of accessory massage in Chapter 5.08. Technician means the same as therapist.

"Owner" or "massage business owner"

shall mean any of the following persons:

Any person who is a general partner of a general or limited partnership that owns a massage business.

Any person who has a five percent or greater ownership interest in a corporative or any other type of business association that owns a massage business.

Any person who is a member of a limited liability company that owns a massage business.

"Person"

shall mean any individual, firm, association, partnership, corporation, joint venture, limited liability company, or combination of individuals.

"Practitioner"

shall be used interchangeably and mean any person who administers massage to another person, for any form of consideration (whether for the massage, as part of other services or a product, or otherwise).

"Recognized school"

means any school or institution of learning, which school or institution of learning has been approved pursuant to Section 94311 of the Education Code of the state of California, and which has for its purpose the teaching of the theory, method, profession, practice or work of a massage technician.

"Sole proprietorship"

shall mean and include any form of business organization where the business owner (sometimes referred to as the "sole proprietor") is the only person employed by that business to provide massage services.

"Solicit"

shall mean to request, ask, demand or otherwise arrange for the provision of services.

(Ord. 1242 § 2, 2016)

A. Complete Exemption. The requirements of this chapter shall have no application and no effect upon and shall not be construed as applying to:

1. Any physician, surgeon, chiropractor, acupuncturist, osteopath or physical therapist licensed to practice such profession in the state of California, within the scope of their license.

2. Any registered nurse or licensed vocational nurse, licensed to practice under the laws of the state of California, who is an employee of and working under the on-site direction of a physician, surgeon, chiropractor, osteopath or physical therapist duly licensed to practice their respective professions in this state.

3. Any other person providing massage services that is employed by a physician, surgeon, chiropractor, osteopath or physical therapist, shall be required to have a valid CAMTC certificate or have approval from the city to perform massage, as well as work under the on-site direction of such physician, surgeon, chiropractor, osteopath or physical therapist.

4. If a duly licensed acupuncturist wishes to provide massage therapy services to his or her clients by an individual(s) other than him- or herself, said individual(s) must have a valid CAMTC certificate or city approval and the office of the acupuncturist shall be subject to all the provisions of this chapter, as well as any other applicable provision of the San Dimas Municipal Code.

5. Any person licensed to practice any healing under the provisions of California Business and Professions Code Division 2 (commencing with Section 500) when engaging in such practice within the scope of such licenses.

6. State-licensed hospitals, nursing homes, sanatoriums, or other health care facilities duly licensed by the state of California, and the employees of such facilities while working on the premises of such state-licensed facilities.

7. Accredited high schools, junior colleges and colleges or universities whose coaches and trainers are acting within the scope of their employment.

8. Barbers, beauticians, or manicurists who are duly licensed by the state of California pursuant to the Barbering and Cosmetology Act set forth in California Business and Professions Code Section 7300 et seq., as the same may be amended from time to time, while engaging in practices within the scope of such license, except that this exemption applies solely for the massaging of the neck, face, and/or scalp of the customer or client of said barber or beautician or, in the case of a licensed manicurist, the massaging of the forearms, hands, calves and/or feet at a licensed establishment. However, if a state licensed establishment also has a certificate of operation from the city to operate as a massage establishment, the business must also comply with all provisions of this chapter.

9. Schools of cosmetology or barbering which comply with the requirements of California Business and Professions Code Section 7362 et seq., when instructors are acting within the scope of their employments or when students are working as unpaid externs pursuant to the requirements of California Business and Professions Code Section 7395.1.

10. Any other business or professions exempt by state law.

(Ord. 1242 § 2, 2016)

All massage establishments shall be maintained and operated in conformity with the following and California Business and Professions Code Sections 4600 through 4620:

A. Business License. The owner of the massage establishment shall obtain a city business licenses per Chapter 5.16 of this title.

B. Location. A massage establishment shall only be operated and massage conducted on the premises so indicated on the special permit required by Chapter 5.28 of this title; provided, however, a massage establishment may be authorized in its conditions of approval to provide out call massage services pursuant to Section 5.77.100 of this chapter.

C. Manager—Required. All massage establishments shall have a responsible person acting as manager on the premises at all times when massage is offered. The manager must be familiar with the requirements of this chapter and be capable of communicating the provisions of this chapter to employees and patrons of the massage establishment.

D. Employee Reporting Requirements. The holder of a special permit for a massage establishment shall notify the city clerk in writing of the name and address of each person employed as massage therapists, including independent massage therapists as defined in Chapter 5.08 of this title and all other employees within twenty-four hours of that person being employed. The holder of a special permit shall notify the city clerk in writing of the name and address of each person who is no longer employed as a massage therapist, including independent massage therapists and all other employees within twenty-four hours of that person no longer being employed.

E. A copy of the CAMTC or recognized school certificate of each and every massage therapist employed in the massage establishment shall be displayed in the reception/waiting area or similar open public place on the premises. Certificates of former employees shall be removed as soon as they are no longer employed by or offering services through the massage establishment.

F. Massage shall be provided or given between the hours of eight a.m. and ten p.m. No massage business shall be open and no massage shall be provided between the hours of ten p.m. and eight a.m. A massage commenced prior to ten p.m. shall nevertheless terminate at ten p.m., and in the case of a massage business, all clients shall exit the premises at that time. It is the obligation of the massage business to inform clients of the requirement that services must cease at ten p.m.

G. Other than custodial or maintenance staff, no person shall be permitted within the premises of a massage establishment between the hours of eleven p.m. and seven a.m.

H. A list of the services available and the cost of such services shall be posted in the reception/waiting area within the massage premises, and shall be readily understandable. Out call service providers shall provide such a list to clients in advance of performing any service. No owner, manager, operator, or responsible managing employee shall permit, and no massage therapist shall offer or perform, any service other than those posted or listed as required herein, nor shall an operator or a massage therapist request or charge a fee for any service other than those on the list of services available and posted in the reception/waiting area or provided to the client in advance of any out call services.

I. For each massage service provided, every massage establishment shall keep a complete and legible written record of the following information: the date and hour that service was provided, the service received, the name or initials of the employee entering the information, and the name of the massage therapist administering the service. Such records shall be open to inspection and copy by the San Dimas sheriff's department or other city officials charged with the enforcement of this chapter. These records may not be used by any massage therapist or operator for any purpose other than as record of service provided and may not be provided to other parties by the massage therapist or operator unless otherwise required by law. Such records shall be retained on the premises of the massage establishment for a period of two years.

J. Recording of Activities Prohibited. No portion of the premises where massage is provided shall be equipped with an electronic, mechanical or artificial device used, or capable of being used, for recording or videotaping, or monitoring the activities, conversation, or other sounds in the room or rooms used by patrons.

K. Doors. No massage shall be given within any cubicle, room, booth, or other area which is fitted with a door capable of being locked. The premises' exterior doors and the doors separating the waiting or reception area from the remainder of the premises shall remain unlocked during business hours (including electronic locking devices). Massage establishments which are owned by sole proprietorships with one or no employees are exempt from prohibiting the locking of exterior doors to the business.

L. Lighting. Minimum lighting shall be provided in accordance with the building code, and in addition, at least one artificial light of not less than forty watts shall be provided in each enclosed room or booth where massage is provided.

M. Disinfecting and Sterilizing Equipment. Adequate equipment for disinfecting and sterilizing instruments used in performing massage shall be provided.

N. Water. Hot and cold running water shall be provided at all times.

O. Cabinets. Separate closed cabinets shall be provided for the storage of clean and soiled linen, and shall be plainly marked: "Clean linen," and "Soiled linen."

P. Bathing, Dressing and Toilet Facilities. Adequate bathing, dressing, locker and toilet facilities shall be provided for patrons. A minimum of one tub or shower, one dressing room containing a separate locker for each patron to be served, which lockers shall be capable of being locked, as well as a minimum of one toilet and one washbasin shall be provided; however, if male and female patrons are to be served simultaneously at the establishment, separate bathing, a separate massage room or rooms, separate dressing rooms and separate toilet facilities shall be provided for male and female patrons. Massage establishments where the sole proprietor is certified by CAMTC and those establishments that only employ or use persons certified by CAMTC are exempt.

Q. Washbasins for Employees. A minimum of one separate washbasin shall be provided for the use of employees, which basin shall provide soap or detergent and hot and cold running water at all times, and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, there shall be provided at each washbasin sanitary towels placed in permanently installed dispensers.

R. Standard or portable massage tables shall be used with a durable, washable plastic or other waterproof material as a covering. Foam pads more than four inches thick or more than four feet wide may not be used. Beds, mattresses and water beds shall not be used or placed within the areas devoted for massage.

S. Towels. Clean and sanitary towels and linens shall be provided for each patron of the establishment or each patron receiving a massage. No common use of towels or linens shall be permitted.

T. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments and toilet rooms, shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use.

U. General Condition of Premises and Equipment. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities, shall be in good working order and repair and maintained in a clean and sanitary condition.

V. No massage establishment located in a building or structure with exterior windows fronting a public street, walkway, or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tint, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises. Such window coverings may be used only during the time the sun rays are projecting directly onto the windows; coverings shall be raised or removed after the sun rays are no longer in direct contact with the windows.

W. No massage establishment shall operate as a school of massage, or use the same facilities as that of a massage school.

X. No massage establishment shall allow any person to reside within the premises of the massage establishment.

Y. A massage therapist shall operate only under the name specified in his or her CAMTC certificate or city license. A massage establishment shall operate only under the name specified in its city business license.

(Ord. 1242 § 2, 2016)

All accessory massage establishments shall be maintained and operated in conformity with the following and California Business and Professions Code Sections 4600 through 4620:

A. Accessory massage establishments shall comply with the land use regulations set forth in Title 18 of the San Dimas Municipal Code.

B. Massage, as an accessory use, must be administered by a massage therapist who has been issued a permit by the city under this chapter or has been issued state certification by CAMTC, at a fixed location with the primary business.

C. Accessory massage establishments shall be incidental to the primary business and all massage therapists performing massage shall be required to apply for a permit or state certification from CAMTC.

D. Accessory massage establishments shall comply with the operational requirements of Section 5.77.050 subsections (B), (C), (D), (E), (F), (G), (H), (I), (J), (K), (L), (M), (N), (Q), (R), (S), (T), (U), (V), (W), (X) and (Y).

(Ord. 1242 § 2, 2016)

A. Business Owner, Independent Contractors or Sole Provider Clearance. All owner(s) in part or in whole of the massage establishment, independent contractors or sole provider who are not a certified massage therapist by CAMTC shall be required to comply with the following:

1. Any person(s) desiring to obtain a business license to operate a massage establishment shall file a written application under penalty of perjury on the required form with the business license office who shall cause the Department of Justice to conduct an investigation into the facts set forth in the application.

2. A complete set of fingerprints taken by the sheriff's department (records and information bureau) or an authorized LiveScan facility. The applicant shall be responsible for payment of any fingerprinting fee.

3. It is the duty of each operator(s) to notify the San Dimas sheriff's department whenever there is a change in information which was required to be submitted in the application for the operation permit in the first instance. Such notification shall be in writing and made within ten business days of the change.

B. The city clerk or authorized deputy shall not issue a license or accept a license fee if any of the following findings are found to be true:

1. The applicant(s) have failed to provide information, documentation, and assurances required by this chapter; has failed to reveal any fact material to qualification; or has supplied information that is untrue or misleading as to a material fact pertaining to the qualification criteria; or

2. The applicant(s) is a person who has engaged in disqualification conduct consisting of a violation of California Penal Code Section(s) 266, 266a, 266f, 266h, 266i, 266j, 315, 316, 647(b), and/or 653.22 and/or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the state of California that is the equivalent of any of the aforesaid offenses; or

3. There is substantial evidence that the applicant has engaged in disqualification conduct as cited in Section 5.77.080(B)(2), even if there is not conviction for such conduct; or

4. The applicant has violated any provision of this chapter, or any similar ordinance, law, rule, or regulation of any other public agency which regulates the operation of massage establishments; or

5. The applicant is not at least eighteen years of age; or

6. The criminal history background check report demonstrates that the applicant has made false, misleading or fraudulent statements of material fact in the permit applications or in any report or record required to be filed therewith.

(Ord. 1242 § 2, 2016)

A. The minimum qualifications for a non-certified CAMTC massage therapist shall be as follows:

1. A massage therapist shall be subject to a special permit pursuant to Chapter 5.28 of this title.

2. A diploma or certificate of graduation from a recognized school wherein the method, profession and work of a massage therapist is taught with a minimum of five hundred hours of instruction; or

3. A diploma or certificate from a school outside the state of California which substantially complies with the educational requirements of Section 94311 of the Education Code of this state; or

4. A minimum of five years of experience as a practicing massage therapist with written proof thereof.

5. Any person desiring to obtain a massage therapist permit shall file a written application under penalty of perjury on the required form with the business license office who shall cause the Department of Justice to conduct an investigation into the facts set forth in the application.

6. A complete set of fingerprints taken by the sheriff's department (records and information bureau) or an authorized LiveScan facility. The applicant shall be responsible for payment of any fingerprinting fee.

7. Be a minimum of eighteen years of age.

B. The city clerk or authorized deputy shall not issue a license or accept a license fee if any of the following findings are found to be true:

1. The applicant(s) have failed to provide information, documentation, and assurances required by this chapter; has failed to reveal any fact material to qualification; or has supplied information that is untrue or misleading as to a material fact pertaining to the qualification criteria; or

2. The applicant(s) is a person who has engaged in disqualification conduct consisting of a violation of California Penal Code Section(s) 266, 266a, 266f, 266h, 266i, 266j, 315, 316, 647(b), and/or 653.22 and/or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the state of California that is the equivalent of any of the aforesaid offenses; or

3. There is substantial evidence that the applicant has engaged in disqualification conduct as cited in Section 5.77.080(B)(2), even if there is not conviction for such conduct; or

4. The applicant has violated any provision of this chapter, or any similar ordinance, law, rule, or regulation of any other public agency which regulates the operation of massage establishments; or

5. The applicant is not at least eighteen years of age; or

6. The criminal history background check report demonstrates that the applicant has made false, misleading or fraudulent statements of material fact in the permit applications or in any report or record required to be filed therewith.

C. A massage therapist who holds a valid CAMTC certificate shall only be required to provide the following information:

1. A copy of their current California identification.

2. A copy of their CAMTC certification.

3. The name, address, and phone number of the business establishment they plan to be employed or work at.

D. All independent massage therapists with or without CAMTC certification are required to obtain a city business license per Chapter 5.16 of this title.

E. Any department which has as one of its duties the investigation of this license activity or enforcement of this title shall have the right to verify for authenticity the information supplied pursuant to this section.

(Ord. 1242 § 2, 2016)

Massage therapists shall comply with the following:

A. Locational Limitations. No massage therapist subject to the provisions of this chapter shall perform any massage in any location other than the location specified on the special permit required in Chapter 5.28 of this title, or as provided in Section 5.77.100 of this chapter.

B. Clothing Required. No massage shall be administered unless the client wears clothing which covers the client's genitals, and if the client is female, the breasts. The massage therapist shall at all times while on the premises of the massage establishment, be clean and wear nontransparent outer garments covering the body from knee to neck.

C. The original massage establishment license and the city issued original massage therapist permit or state certification issued by CAMTC for each massage therapist working at the massage establishment shall be displayed in a conspicuous public place on the premises. It is unlawful to display photocopies of licenses or permits. The massage establishment licensee shall be responsible for ensuring each massage therapist's permit or state certification issued by CAMTC is displayed in a conspicuous place on the premises. Certificates of former employees shall be removed as soon as they are no longer employed by or offering services through the massage establishment.

D. All massage establishment operators and their employees, including massage therapists, shall wear clean, nontransparent outer garments. Said garments shall not expose their genitals, pubic areas, buttocks, or chest, and shall not be worn in such manner as to expose the genitals, pubic areas, buttocks, or chest. All bathrobes, bathing suits and other garments that are provided for the use of clients shall be either fully disposable and shall not be used for more than one client, or shall be laundered after each use.

E. Every certified massage therapist shall wear their certification. The certification shall be worn where it can be clearly visible on the massage therapist during working hours and at all times when the massage therapist is inside a massage establishment.

(Ord. 1242 § 2, 2016)

Out call massage services shall be subject to the following provisions:

A. Authorization Required. It is unlawful for any massage establishment or massage therapist to provide, or to offer to provide, massage at any location except at the place of business approved pursuant to Chapter 5.28 of this title for a massage establishment, unless the conditions of approval include authorization to conduct out call massage services.

B. Application—Investigation. Any massage establishment or massage therapist desiring to provide out call massage services shall include a request for out call massage services in the application submitted for review and investigation pursuant to Chapter 5.28 of this title. The applicant shall submit detailed information setting forth the manner and means of transporting to and from the premises where out call massage services are to be performed clean, sanitary towels and linens, sterilized instruments to be utilized, as well as any supplementary aids, equipment or devices to be utilized and the methods of disposal thereof.

C. Home Occupations. Massage establishments and massage therapists shall not be permitted to conduct out call massage services as a home occupation.

D. Suspension, Modification, and Revocation of Out Call Massage Services. A condition of approval authorizing out call massage services may be suspended, modified or revoked pursuant to Section 5.77.140 of this chapter.

(Ord. 1242 § 2, 2016)

A holder of a special permit for a massage practice shall not hire or employ a massage technician-therapist unless the person possesses a valid approved special permit for a massage technician-therapist pursuant to the provisions of this chapter and Chapter 5.28 or state certification issued by the California Massage Therapy Council.

(Ord. 1242 § 2, 2016)

A person shall not enter, be or remain in any part of a massage practice while in the possession of, consuming or using any alcoholic beverage or drugs. A person who operates a massage establishment or his or her agent or employee shall not permit any such person to enter or remain upon such premises.

(Ord. 1242 § 2, 2016)

An applicant, permittee or manager shall permit any peace officer or city official to inspect the premises of a massage establishment for the purpose of ensuring compliance with the law and the facility and operational requirements set forth herein, at any time the facility is occupied or open for business. A person who operates a massage establishment or his or her agent or employee is in violation of the provisions of this section if he or she refuses to permit such lawful inspection of the premises any time it is occupied or open for business.

(Ord. 1242 § 2, 2016)

The failure to comply with the provisions of this chapter or any other local, state, or federal regulations applicable or related to the operation of the business shall be grounds for suspension or revocation of a permit or license pursuant to Chapter 5.12 of this title.

(Ord. 1242 § 2, 2016)