Chapter 6.44 — MASSAGE

Editor's note— Ord. 29662, adopted Dec. 15, 2015, amended Ch. 6.44 in its entirety to read as herein set out. The former Ch. 6.44, Pts. 1 - 3, pertained to similar subject matter and derived from Ord. 24646. See the Code Comparative Table for a detailed analysis.

Part 1 - GENERAL PROVISIONS

A.

The City of San José is authorized to regulate massage establishments pursuant to Government Code Section 51030 et seq., Business and Professions Code Sections 460 and 4600 et seq., Section 7 of Article

XI of the California Constitution, and its Charter and general police powers under the California Constitution.

B.

In enacting these regulations the San José Council ("city council") recognizes that massage is a viable professional field offering the public valuable health and therapeutic services.

C.

It is the purpose and intent of the city council that the operation of massage establishments and persons offering massage be regulated in the interests of public health, safety, and welfare by providing minimum building, sanitation, and health standards and to ensure that persons offering massage shall possess the minimum qualifications necessary to operate such businesses and to perform such services offered.

D.

It is the intent of this chapter to enact regulations to insure that those offering massage services are qualified and trained and can be expected to conduct their services in a lawful and professional manner. The city council finds that existing controls have not satisfactorily addressed or regulated serious criminal and public health problems, nor have the existing controls regulated the profession so as to sufficiently encourage compliance with state and local laws.

(Ord. 29662.)

The definitions set forth in this part shall govern the application and interpretation of this chapter.

(Ord. 29662.)

"California Massage Therapy Council" or "CAMTC" means the State of California non-profit organization established pursuant to Business and Professions Code Section 4602, as may be amended.

(Ord. 29662.)

"Chief of police" means the chief of police of the City of San José or his or her authorized agents.

(Ord. 29662.)

"Client" means any person who receives a massage in exchange for money or any other thing of value, or for checks, credit or any other representation of value.

(Ord. 29662.)

"Massage" means any method of treating the external parts of the body for remedial, health or hygienic purposes by means of pressure on or friction against; or stroking, kneading, rubbing, tapping, pounding or stimulating the external parts of the body with hands or other parts of the body with or without the aid of any supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments or other similar preparations commonly used in this practice; or by baths, not limited to Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, mineral, fomentation, or any other type of bath.

(Ord. 29662.)

"Massage business" means the business of providing massage to a client.

(Ord. 29662.)

"Massage therapist" means any person who is certified as a certified massage practitioner or certified massage therapist pursuant to California Business and Profession Code Section 4600 et seq.

(Ord. 29662.)

"Off-premises massage business" means any massage business that is conducted at locations other than at specified business premises maintained by the business operator for the purpose of providing massage on the premises.

(Ord. 29662.)

"Permittee" means the holder of a massage business permit issued by the chief of police.

(Ord. 29662.)

"Recognized school of massage" means any school or institution of learning that is recognized as an approved school pursuant to California Business and Professions Code Section 4601, as may be amended.

(Ord. 29662.)

It shall be unlawful for a person to maintain, manage, operate, conduct, control or own a massage business or off-premises massage business unless the business is maintained and operated in strict compliance with a valid business permit issued by the chief of police. A separate business permit is required for each

location if a person maintains, manages, operates, conducts, controls or owns multiple massage businesses at different locations.

(Ord. 29662.)

A.

It shall be unlawful for any person to work as a manager or have any ownership interest in a massage business or off-premises massage business without having first obtained an ownership/management license from the chief of police.

B.

It shall be unlawful for any massage business to provide massage in exchange for money or any other thing of value, or for checks, credit or any other representation of value, unless all individuals employed by the massage business to perform massage, whether as an employee, independent contractor, sole proprietorship, or otherwise, are certified massage therapists.

C.

A separate ownership/management license is required for each location if a person owns, manages, or operates multiple massage businesses at different locations.

(Ord. 29662.)

It shall be unlawful for a person to perform massage on a person in exchange for money or any other thing of value, or for checks, credit or any other representation of value unless that individual is a certified massage therapist.

(Ord. 29662.)

The provisions of this chapter shall not apply to the following classes of persons while engaged in the performance of the duties of their respective professions:

A.

Physicians, surgeons, chiropractors, osteopaths, acupuncturists, or physical therapists who are duly licensed to practice their respective professions in the State of California.

B.

Nurses registered under the laws of the State of California.

C.

Barbers and beauticians who are duly licensed under the laws of the State of California while engaging in practices within the scope of their licenses, limited solely to the massaging of the neck, face, scalp, feet up to the ankle, or hands up to the wrist of the client.

D.

Hospitals, nursing homes, sanitariums or other health care facilities duly licensed by the State of California.

E.

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

F.

Trainers of amateur, semi-professional or professional athletes or athletic teams.

(Ord. 29662.)