San Luis Obispo County Municipal Code Ch. 6.75 Massage Establishments and Massage Technicians

It is unlawful for any person or party to conduct business as a massage establishment or massage technician within the unincorporated areas of the county without first obtaining a license in compliance with the provisions of this title.

(Ord. No. 3296, § 12, 4-21-15)

No license shall be required hereunder by the individual holder of a valid certificate issued by the California Massage Therapy Council pursuant to California Business and Professions Code Section 4600 et seq.;

A massage establishment that employs or contracts with, only persons who are certified pursuant to California Business and Professions Code Section 4600 et seq. to provide massage as defined by this chapter shall only be required to obtain a license for the establishment in accordance with Chapters 6.04 and 6.08 of this title.

(Ord. No. 3296, § 12, 4-21-15)

As used in this chapter, the words and terms shall have the meanings ascribed to them, unless from the context a different meaning is clearly apparent. The definitions provided in this chapter are in addition to the definitions provided in Chapter 6.04 of this Code.

(1) "Massage" means any method of pressure on or friction against, or stroking, kneading, tapping, pounding, vibrating, or stimulating any part of the body of another person by the use of the hands or other part of the body with or without the aid of any apparatus.

(2) "Massage establishment" means a fixed place of business where any person engages in, conducts, or carries on a business providing massage or related services.

(3) "Massage technician" means any person, who administers to another person, for any form of consideration, massage, or related services.

(4) "Recognized school" means a school or institution of learning approved pursuant to Section 4600 et seq. of the Business and Professions Code of the State of California which has for its purpose the teaching of the theory, method, profession, or work of massage or related services, and which school has been approved by the California Massage Therapy Council.

(Ord. No. 3296, § 12, 4-21-15)

Subsections (1) through (9) will be completed in the presence of the tax collector, subsections (10) through (14) will be completed by the sheriff, allowing a thirty-day waiting period for the investigation.

Every application for a license to conduct business as a massage establishment or massage technician, required by this chapter, shall be signed by the applicant and shall contain the following:

(1) The name and mailing address of the applicant. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation. If the applicant is a partnership, the name and address of each general partner shall be stated. If one or more of the partners is a corporation, the provisions of this section as to a corporate applicant apply. The names of all other persons having an interest in the enterprise;

(2) If the applicant is a corporation, the name and mailing address of an officer who is duly authorized to accept the service of legal process;

(3) A brief description of the nature of the business and the services to be rendered;

(4) The place and manner in which the services are to be rendered;

(5) The telephone number of the applicant;

(6) The email address of the applicant;

(7) The name under which the applicant will be doing business;

(8) Proof of graduation from a recognized school is required for all massage technicians applying for a license;

(9) A clear photograph showing the head and shoulders of the applicant, two by three inches in size;

(10) The physical description of the applicant;

(11) Proof that the applicant is at least eighteen years of age;

(12) The fingerprints of the applicant and other evidence as will enable an investigator to properly evaluate the character and business responsibility of the applicant;

(13) A statement as to whether or not the applicant, or any of the persons having an interest in the enterprise, has been convicted of a felony or misdemeanor, and if so the nature of the offense and the date the sentence, penalty, or other obligation was completed;

(14) A statement as to whether or not the applicant, or any of the persons having an interest in the enterprise, is required to register under the provisions of Section 290 of the California Penal Code.

(Ord. No. 3296, § 12, 4-21-15)

(a) Upon completion of such application, the original shall be submitted to the sheriff, who shall cause the investigation of the applicant's business and moral character to be made, as is deemed necessary for the protection of the public good.

(b) The sheriff shall have an automatic thirty days after receipt, of the application for review, to respond to the tax collector.

(c) In the absence of any response from the sheriff within the time limit specified herein, the tax collector, upon presentation of the receipt from the applicant showing that the time limit has been exceeded, must assume a favorable response by the sheriff, and proceed with the processing of the license application accordingly.

(d) In an extraordinary case, for good cause shown, the tax collector may allow the sheriff more time than is stated in this section to complete its review and recommendation to the tax collector.

(Ord. No. 3296, § 12, 4-21-15)

(a) If, as a result of the investigation, the grounds for denial of a license pursuant to Section 6.08.006 are present, the sheriff shall return a copy of the application, together with a recommendation for denial, to the tax collector, who shall notify the applicant that the application has been denied.

(b) Any person whose application has been denied shall have the right to a hearing and/or appeal as provided under Sections 6.08.170 and 6.08.180 of this title.

(Ord. No. 3296, § 12, 4-21-15)

If, as result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the sheriff shall approve the application for the carrying on of the business applied for and send notice of the approval of the application to the tax collector, who shall issue the license.

(Ord. No. 3296, § 12, 4-21-15)

(a) Every business license for massage that is issued shall state:

(1) The name of the person, firm, association, or corporation to which it is issued,

(2) That the license is issued for a massage type business,

(3) The location of the massage business,

(4) The date of issuance,

(5) The period of time for which it is issued,

(6) The license fee received, and

(7) The expiration date.

(b) Each license issued shall also state any special restrictions or conditions that may limit the business.

(c) The business license shall be sealed by the tax collector.

(d) The issuance of any such license shall not constitute any endorsement by the board or any of the officers of the county as to the reputation or reliability of the bearer thereof or services to be rendered.

(Ord. No. 3296, § 12, 4-21-15)

All licenses issued under this title shall expire as set forth in Section 6.08.030 of this title, and are renewable as set forth in Section 6.08.090.

(Ord. No. 3296, § 12, 4-21-15)

The owner or operator of a massage business shall display the massage license or licenses in a conspicuous place on the premises.

(Ord. No. 3296, § 12, 4-21-15)