San Ramon Municipal Code Art. 1 General Provisions

The city council finds and declares as follows: A. The city of San Ramon is authorized to regulate a lawful massage business pursuant to Government Code Sections 51030, et seq., and 37101; Business and Professions Code Sections 4600, et seq., and 16000; or by virtue of Section 7 of Article XI of the Constitution of the State of California. B. There is significant risk of injury to massage clients by improperly trained and/or uneducated massage therapists and this chapter provides reasonable safeguards against injury and economic loss. C. There is risk of prostitution and/or human trafficking and this chapter provides safeguards against these practices. D. The permit requirements and restrictions imposed by this chapter are reasonably necessary to protect the health, safety and welfare of the citizens of the city of San Ramon, as well as to ward against illegal sexual commerce. (Ord. No. 480, § 1, 8-28-2018)

City of San Ramon, CA | Municipal Code 249

Unless the provision or context otherwise requires, the definitions contained herein shall govern the construction of this chapter. Applicant means any person who applies for a permit as required by this chapter. California Massage Therapy Council or CAMTC means the massage therapy organization created pursuant to Section 4600.5 of the California Business and Professions Code and further defined in Section 4601(d) of that code. Certified massage therapist means a massage therapist certified by the CAMTC as a certified massage practitioner or as a certified massage therapist pursuant to Section 4601(g) or 4601(h) of the California Business and Professions Code. City massage establishment permit means a permit issued to a massage establishment by the permit administrator in accordance with this chapter. Employee means any person, other than a massage therapist, who renders any service to the permittee, who receives compensation directly from the permittee, and who has no physical contact with the customers and clients. Massage means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparation commonly used in this practice. Massage establishment means any business or establishment having a fixed location where any person engages in or carries on or permits to be engaged in or carried on any of the activities described in the definition of "massage" set out in this section. Massage therapist means any person who, for any consideration whatsoever, engages in the practice of massage as herein defined. Independent contractor means any person who engages in or carries on the practice of massage, not at a fixed location licensed such as a massage establishment, but at a location designated by the massage therapist, customer or client. Permit administrator means the chief of police or his/her designee. Permittee means any person operating or maintaining a massage establishment. Person means any individual, co-partnership, firm, association, joint stock company, corporation, joint venture, or combination of individuals of whatever form or character. (Ord. No. 480, § 1, 8-28-2018)

This chapter shall not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions. However, if the individual performs duties that require licensure and is located within a massage establishment, he/she must: 1. be duly licensed to perform and provide these services; and 2. provide permit administrator with a copy of their current license. A. Physicians, surgeons, chiropractors, osteopaths, podiatrists, physical therapists, nurses, or any other person licensed to practice any healing art under the provisions of Division 2 (commencing with Section 500 through 4999.129) of the Business and Professions Code when engaging in such practice within the scope of his or her license.

City of San Ramon, CA | Municipal Code 250

B. Trainers of any amateur, semi-professional, or professional athlete or athletic team, so long as such persons do not practice massage as their primary occupation at any location where they provide such services in the city. C. Acupuncturists, barbers, beauticians, estheticians and cosmetologists who are duly licensed under the laws of the State of California, while engaging in practices within the scope of their licenses. D. Individuals in the city temporarily for educational events. E. Individuals administering massages or health treatments involving massage to persons participating in road races, track meets, triathlons, educational events, conferences or similar single-occurrence athletic, recreational, or educational events. F. Enrolled students of a school of massage when they are performing massage within the city as part of a formal supervised internship or training program operated by the school, without compensation other than school credit, on the premises of a massage establishment duly authorized to operate pursuant to the terms of this chapter; and provided, that the permittee has first notified the permit administrator in writing of the name, residence address, and school of the students and the dates of the trainings. If, however, massage is provided for a fee to members of the public by students enrolled in a school of massage, services must be performed in accordance with Section B7-184. (Ord. No. 480, § 1, 8-28-2018)

Any student of a school of massage who performs massage on members of the public for a fee must perform services under the direct supervision of a certified massage therapist. (Ord. No. 480, § 1, 8-28-2018)

Any massage provided or massage establishment operated, conducted, or maintained contrary to the provisions of this chapter shall be, and the same is hereby declared to be, a misdemeanor and a public nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, and the revocation of any permit associated therewith, in the manner provided by law including, but not limited to, the procedures set forth in DIVISION A1 and DIVISION B6 of this code. Such remedies shall be in addition to any other judicial and administrative penalties and remedies available to the city under this code or state or federal law. (Ord. No. 480, § 1, 8-28-2018)

Any place where human trafficking, lewdness or prostitution occurs is a public nuisance which may be abated and permanently enjoined, and for which the city may recover damages from the property owner, as well as from the person conducting or maintaining the nuisance. (Penal Code Sections 236.1, 236.3, 11225 and 11226.) This remedy shall not be exclusive of any criminal and civil penalties provided for under this code, state or federal law. (Ord. No. 480, § 1, 8-28-2018)

City of San Ramon, CA | Municipal Code 251

The chief of police shall designate a person in the police department to coordinate with CAMTC, including maintaining a list of certified therapists practicing in the city, maintaining a list of massage establishments operating in the city, receiving notices and information from CAMTC, and notifying CAMTC of any arrest or conviction of Penal Code Section 647 or other act punishable as a sexually related crime. (Business and Professions Code Section 4609.) (Ord. No. 480, § 1, 8-28-2018)

A. It is the duty of the chief of police to enforce the rules and regulations in accordance with this chapter and to coordinate its enforcement efforts with CAMTC under Section B7-187. B. Any person who violates this Chapter is guilty of a misdemeanor. C. Pursuant to the city's prosecutorial discretion, the city may enforce violations of this chapter by criminal, civil and/or administrative actions. D. Any massage establishment operated, conducted, or maintained contrary to the provisions of this Chapter is unlawful and a public nuisance, and the city attorney may, in the exercise of discretion, in addition to, or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in any manner provided by law. E. If a person falsely states or advertises or puts out any sign or card or other device, or falsely represents to the public through any print or electronic media, that he or she or any other individual is licensed, certified, or registered by a governmental agency as a massage therapist or massage practitioner, that person shall be subject to a civil penalty not to exceed two thousand five hundred dollars for each violation, to be assessed and collected in a civil action brought by the city attorney, district attorney, or attorney general. (Ord. No. 480, § 1, 8-28-2018)