Santa Maria Municipal Code Ch. 4-18 Massage Businesses

(a) In enacting this Chapter, the City Council recognizes that commercial massage therapy is a professional pursuit which can offer the public valuable health and therapeutic services. The City Council further recognizes that unless properly regulated, the practice of massage therapy and the operation of massage businesses may be associated with unlawful activity and pose a threat to the quality of life in the local community. Accordingly, it is the purpose and intent of this Chapter to protect the public health, safety, and welfare by providing for the orderly regulation of businesses providing massage therapy services, discouraging prostitution and related illegal activities carried on under the guise of massage therapy, and establishing certain sanitation, health, and operational standards for massage businesses.

(b) Furthermore, it is the purpose and intent of this Chapter to address the negative impacts of massage businesses engaged in illegal activity; and to reduce or prevent neighborhood blight and to protect and preserve the quality of City neighborhoods and commercial districts.

(c) It is the Council's further purpose and intent to rely upon the uniform statewide regulations applicable to massage practitioners and establishments that were enacted by the State Legislature in 2008 as Business and Professions Code sections 4600 et seq. by Senate Bill 731, and amended by Assembly Bill 619 in 2011, by Assembly Bill 1147 in 2014, and by Assembly Bill 2194 in 2016, to provide for the registration and regulation of massage businesses for health and safety purposes to the extent allowed by law, and to eventually restrict the commercial practice of massage in the City to those persons duly certified by the California Massage Therapy Council (CAMTC) by requiring all new massage practitioners first licensed to practice massage in the City after the effective date of this Chapter to be licensed by CAMTC as Certified Massage Therapists, while allowing those practitioners who have been licensed to practice massage in the City prior to the effective date of this Chapter and who applied for such license on or before November 7, 2017, to continue to practice massage in the City (subject to the limitations set forth in this Chapter), and to increase the minimum required massage training for such practitioners from 200 hours to 500 hours of massage instruction from CAMTC approved massage schools within six years from the effective date of this Chapter, in part, to encourage these persons to become licensed by CAMTC as Certified Massage Therapists, but also to permit them to continue to practice massage for compensation in the City without being required to become licensed by CAMTC.

(Ord. 2017-18, eff. 12/21/17)

For the purposes of this Chapter, unless the particular provision or the context otherwise clearly requires, the definitions in this Section shall govern the construction, meaning, and application of words and phrases used in this Chapter.

"Building Official"

means the Building Official (also known as the Building Division Manager) of the City of Santa Maria or his or her authorized representatives or designees.

"Business"

includes, but not by way of limitation, everything about which a person can be employed, and means that which occupies the time, attention, and labor of men and women for the purpose of producing a livelihood or profit, and connotes the efforts of men and women by varied and diverse methods of dealing with each other, to improve their individual economic conditions, and for the purposes of this Chapter shall include, without limitation, the advertising and soliciting of massages. The term "business" includes, but is not limited to, a massage practitioner who is the sole owner, operator, or employee of a massage business operating as a sole proprietorship, as well as a massage establishment which employs massage practitioners or retains their services as independent contractors or rents space to them for the practice of massage.

"California Massage Therapy Council" or "CAMTC"

means the Massage Therapy Organization formed pursuant to Business and Professions Code Section 4600.5.

"Certified Massage Practitioner"

means any individual certified by the California Massage Therapy Council as a Certified Massage Therapist or as a Certified Massage Practitioner pursuant to California Business and Professions Code Sections 4600 et seq.

"Client"

means the customer or patron who pays for or receives massage services.

"Compensation"

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

"City"

means the City of Santa Maria.

"City Registration Certificate"

means a registration certificate issued by the Chief of Police upon submission of satisfactory evidence that a massage business employs or uses only Certified Massage Practitioners pursuant to this Chapter, or massage practitioners not certified by CAMTC but who are licensed by the City to practice massage prior to the effective date of this Chapter and who applied for such license on or before November 7, 2017.

"Chief of Police" or "Police Chief"

means the Chief of Police of the City of Santa Maria, and his or her authorized representatives or designees.

"Employee"

means any person employed by a massage business who may render any service to the business, and who receives any form of compensation from the business.

"Manager" or "massage business manager"

means any and all persons responsible for the operations of a massage business, whether a massage business owner or not.

"Massage" or "massage therapy,"

means and refers to any method of treating the external parts of the body for remedial, health, or hygienic purposes for any form of compensation by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances; or with or without 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, including but not limited to Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath.

"Massage business"

means any business that offers massage therapy in exchange for compensation, whether at a fixed place of business or at a location designated by the customer or client through outcall massage services. In addition, any business that offers any combination of massage therapy and bath facilities — including, but not limited to, showers, baths, wet and dry heat rooms, pools and hot tubs — shall be deemed a massage business under this Chapter. The term "massage business" includes a Certified Massage Practitioner and a massage practitioner not certified by CAMTC but licensed by the City to practice massage prior to the effective date of this Chapter and who applied for such license on or before November 7, 2017, who is the sole owner, operator, and/or employee of a massage business operating as a sole proprietorship.

"Outcall massage"

means the engaging in or carrying on of massage therapy for compensation in a location other than the business operations address set forth in the massage business's City Registration Certificate.

"Owner" or "massage business owner"

means any of the following persons:

(1)

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

(2)

Any person who has 5% or greater ownership interest in a corporation that owns a massage business.

(3)

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

(4)

Any person who has a 5% or greater ownership interest in any other type of business association that owns a massage business.

"Person"

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

"Practitioner" or "massage 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).

"Reception and waiting area"

means an area immediately inside the front door of the massage business dedicated to the reception and waiting of patrons of the massage business and visitors, and which is not a massage therapy room or otherwise used for the provision of massage therapy services.

"Registration" of "City Registration Certificate"

means the registration required by this Chapter to operate a massage business.

"Rent-space therapist"

is any massage practitioner who rents space from any person or business to practice massage for compensation.

"School of massage" or "approved school"

means any school or institution of learning that is recognized as an approved school pursuant to Business and Professions Code Division 2, Chapter 10.5, as currently drafted or as may be amended.

"Sole proprietorship"

means and includes any legal 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"

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

(Ord. 2017-18, eff. 12/21/17)

The provisions of this Chapter shall not apply to the following classes of individuals or businesses while engaged in the performance of their duties:

(a) Physicians, surgeons, chiropractors, acupuncturists, osteopaths, nurses, or any physical therapists who are duly licensed to practice their respective professions in the State of California and persons working directly under the supervision of or at the direction of such licensed persons, working at the same location as the licensed person, and administering massage services subject to review or oversight by the licensed person.

(b) Barbers and cosmetologists who are duly licensed under the laws of the State of California while engaging in practices within the scope of their licenses, except that this provision shall apply solely to the massaging of the neck, face and/or scalp, hands, or feet of the clients.

(c) Hospitals, nursing homes, mental health facilities, or any other health facilities duly licensed by the State of California, and employees of these licensed institutions, while acting within the scope of their employment.

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

(e) Trainers of amateur, semi-professional, or professional athletes or athletic teams while engaging in their training responsibilities for and with athletes; and trainers working in conjunction with a specific athletic event.

(f) Individuals administering massages or health treatment involving massage to persons participating in single-occurrence athletic, recreational, or festival events such as health fairs, road races, track meets, triathlons, and other similar events provided, that all of the following conditions are satisfied:

(1) The massage services are made equally available to all participants in the event;

(2) The event is open to participation by the general public or a significant segment of the public such as employees of sponsoring or participating corporations;

(3) The massage services are provided at the site of the event and either during, immediately preceding, or immediately following the event;

(4) The sponsors of the event have been advised of and have approved the provisions of massage services;

(5) The persons providing the massage services are not the primary sponsors of the event.

(Ord. 2017-18, eff. 12/21/17)

(a) Individuals. Except as provided in Section 4-18.103.A(a), it shall be unlawful for any individual to practice massage therapy for compensation as a sole proprietorship or employee of a massage business, or in any other capacity, within the City of Santa Maria unless that individual is a Certified Massage Practitioner.

(b) Businesses. Except as provided in Section 4-18.103.A(b), it shall be unlawful for any business to provide massage for compensation within the City of Santa Maria unless all individuals who perform massage for the massage business, whether as an employee, independent contractor, rent-space therapist, or as a sole proprietorship, are Certified Massage Practitioners and said business has obtained a valid City Registration Certificate as provided in this Chapter.

(Ord. 2017-18, eff. 12/21/17)

Section 4-18.103.A. Exception to CAMTC Certification Requirement.

(a) Individuals. Any individuals licensed by the City to practice massage therapy for compensation prior to the effective date of this Chapter and who applied for such license on or before November 7, 2017, shall be permitted to continue to practice massage therapy in the City after the effective date of this Chapter, provided that:

(1) The individual provides evidence of not less than 500 hours of instruction from any approved massage school at the time of the first renewal of the individual's business license after the effective date of this Chapter; or if the individual has less than 500 hours, but 200 or more hours of instruction from any approved massage school at the time of the first renewal of the individual's business license, the individual shall provide evidence of at least an additional 50 hours of instruction from any approved massage school for every annual renewal of the individual's business license thereafter, until the minimum 500 hours of instruction has been obtained (unless fewer than 50 hours of instruction are required to reach the 500 hour minimum). Failure to comply with the additional required hours of instruction shall result in a termination of the massage practitioner permit without the possibility of revival.

(2) The individual must provide a set of fingerprints to the Santa Maria Police Department by submitting to a Live Scan and other information requested by the Santa Maria Police Department for the purpose of conducting a background check on behalf of the City to determine the criminal history of the individual. The set of fingerprints and other information required for the background check may be provided in connection with the application for (or renewal of) a City Registration Certificate as provided in Section 4-18.104 if the individual is required to obtain a City Registration Certificate, but otherwise, the fingerprints and other required information shall be provided to the Santa Maria Police Department at least 30 days prior to the renewal date for the individual's City issued business license.

(3) The individual's City issued business license to practice massage for compensation does not lapse or is not revoked. If such a lapse or revocation occurs, the individual's license shall be forfeited and may not be revived.

(b) Businesses. Businesses that provide massage for compensation within the City of Santa Maria may employ, hire, or rent space to individuals licensed by the City to practice massage therapy prior to the effective date of this Chapter and who applied for such license on or before November 7, 2017, whether as employees, independent contractors, or as a sole proprietorship, even if such individuals are not Certified Massage Practitioners, provided that such the City license for such individuals does not lapse and is not revoked by the City. Notwithstanding the foregoing, nothing in this Subsection exempts any massage business from the requirement to obtain a valid City Registration Certificate as provided by Section 4-18.104.

(Ord. 2017-18, eff. 12/21/17)

(a) Application. The City shall have up to 30 days after the submission of a complete application for or a renewal of a City Registration Certificate to issue or deny the certificate. The City shall inform the applicant of an incomplete application within 14 days. The application for the initial City Registration Certificate for a massage business existing at the time of the effective date of this Chapter shall be filed at least 30 days before the date of expiration of the massage business' City issued business license, or at or before a new massage business applies for a City issued business license. The registration application for a City Registration Certificate shall include all of the following:

(1) Legal name of the massage business.

(2) Address and telephone number of the massage business.

(3) Legal names of all owners and managers of the massage business.

(4) A list of all of the massage business's employees, independent contractors, and/or rent-space therapists who are performing massage with their CAMTC certification number, or the City business license number for any employee, independent contractor, and/or rent-space therapist that does not have CAMTC certification.

(5) Residence address and telephone number of all owners and managers of the massage business.

(6) Business address and telephone number of all owners and managers of the massage business.

(7) The form of business under which the massage business will be operating (i.e. corporation, general or limited partnership, limited liability company, or other form).

(8) Each owner and manager of the massage business who is not a CAMTC-certified massage practitioner shall submit an application for a background check, including the following: the individual's business, occupation, and employment history for the five years preceding the date of the application; the inclusive dates of such employment history; the name and address of any massage business or similar business owned or operated by the individual whether inside or outside the County of Santa Barbara and its incorporated cities. In addition, current fingerprints taken at the Santa Maria Police Department by a Live Scan, along with other information requested by the Santa Maria Police Department to determine the criminal history of the applicant is required as part of the application.

(9) For all owners and managers, a valid and current driver's license and/or identification issued by a state or federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government.

(10) For all owners, a signed statement that all of the information contained in the application is true and correct; that all owners shall be responsible for the conduct of the business's employees, independent contractors, or rent-space therapists providing massage; and acknowledging that failure to comply with the California Business and Professions Code Sections 4600 et seq., and local, state, or federal law, or the provisions of this Chapter may result in revocation of the business's City Registration Certificate.

(b) Background Check. Background check and fingerprints required for massage practitioners not certified by CAMTC. For any massage practitioners identified on the application for a City Registration Certificate who are not CAMTC-certified, current fingerprints taken at the Santa Maria Police Department by a Live Scan, and other information requested by the Santa Maria Police Department, for the purpose of conducting a background check on behalf of the City to determine the criminal history of the applicant are required as part of the application and renewals.

(c) Issuance. Upon provision by the massage business of the foregoing documentation, the Chief of Police shall issue the massage business a City Registration Certificate which shall be valid for two years from the date of issuance. No reapplication will be accepted within one year after an application or renewal is denied or a certificate is revoked. City Registration Certificates shall not be issued to a massage business seeking to operate at a particular location if:

(1) Another massage business is or was operating at that particular location and that massage business is currently serving a suspension or revocation pursuant to Section 4-18.111, during the pendency of the suspension or one year following revocation;

(2) Another massage business is or was operating at that particular location and that massage business has received a Notice of Suspension or Revocation issued pursuant to Section 4-18.111 during the ten-day period following receipt of the Notice and while any appeal of a suspension, revocation or fine is pending.

(d) Amendment. A massage business shall apply to the City to amend its City Registration Certificate within 30 days after any change in the registration information, including, but not limited to, the hiring/retaining or separation/termination of any Certified Massage Practitioners or massage practitioners not certified by CAMTC but who are licensed by the City to practice massage, any change of address of the business, or changes of addresses and/or telephone numbers for any owner(s) or manager(s) of the business.

(e) Renewal. A massage business shall apply to the City to renew its City Registration Certificate at least 30 days prior to the expiration of said City Registration Certificate. If an application for renewal of a City Registration Certificate and all required information is not timely received and the certificate expires, no right or privilege to provide massage shall exist until the City Registration Certificate is issued by the City.

(f) Denial. The Chief of Police may deny an application for a City Registration Certificate for any of the following reasons:

(1) Except as otherwise provided in Section 4-18.103.A., a massage practitioner is no longer in possession of current and valid CAMTC certification. This Subsection shall apply to a sole proprietor or a person employed or used by a massage business to provide massage.

(2) An owner or sole proprietor fails to register under the provisions of California Penal Code Section 290 (sex offender registration), is convicted of California Penal Code Sections 266i (pandering), 315 (keeping or residing in a house of ill-fame), 316 (keeping disorderly house), 318 (prevailing upon person to visit a place for prostitution), 647(b) (engaging in or soliciting prostitution), 653.22 (loitering with intent to commit prostitution), 653.23 (supervision of prostitute); has a business permit or license denied, revoked, restricted, or suspended by any agency, board, city, county, territory, or state; is subject to an injunction for nuisance pursuant to California Penal Code Sections 11225-11235 (red light abatement); is convicted of a felony offense involving the sale of a controlled substance; is convicted of any crime involving dishonesty, fraud, deceit, violence, or moral turpitude; or is convicted in any other state of an offense which, if committed in this State, would have been punishable as one or more referenced offenses in this Subsection.

(3) The City determines that a material misrepresentation was included on the application for a certificate of registration or renewal.

(4) Violations of any of the following occurred on the premises of a massage business or were committed by a massage practitioner: California Business and Professions Code Sections 4600 et seq.; any local, state, or federal law; or the provisions of this Chapter.

(g) Appeal after denial. The decision of the Chief of Police to deny an application for a City Registration Certificate may be appealed by the applicant.

(1) An appeal must be in writing, and be hand-delivered or mailed to the Chief of Police within 30 days from the notice of denial.

(2) An administrative hearing officer appointed pursuant to Section 5-6.101 shall hear the appeal.

(3) A hearing shall be scheduled before an Administrative Hearing Officer within 30 days. The appellant and Chief of Police shall be notified in writing about the date of the hearing. Either the appellant or the Chief of Police may request, in writing directed to the Administrative Hearing Officer, a continuance of the hearing. Such requests must be supported by good cause. The decision whether to grant a continuance is at the discretion of the Administrative Hearing Officer, who shall consider whether granting the continuance poses a threat to public health or safety in light of the severity of the violations alleged.

(4) The decision of the Administrative Hearing Officer shall be final, with no further administrative right of appeal or reconsideration.

(h) Fees. In addition to any other applicable fees, the City Council may by resolution set other fees for the administration of this Chapter. The amount of such fees shall not exceed the cost to provide the service for which the fee is imposed.

(i) Transfer. A City Registration Certificate shall not be transferred except with the prior written approval of the Chief of Police. A written request for such transfer shall contain the same information for the new ownership as is required for applications for registration pursuant to this Section. In the event of denial, notification of the denial and reasons therefore shall be provided in writing and shall be provided to the applicant by personal delivery or by registered or certified mail. A City Registration Certificate may not be transferred during any period of suspension or one year following revocation or during the ten-day period following a massage business's receipt of a Notice of Suspension or Revocation, and while any appeal of a suspension or revocation is pending pursuant to Section 4-18.111; or while any administrative fines or penalties issued remain unpaid or on appeal pursuant to Section 4-18.110.

(Ord. 2017-18, eff. 12/21/17)

No person shall engage in, conduct, carry on, or permit any massage within the City of Santa Maria, unless all of the following requirements are met:

(a) CAMTC certification/City business license display requirements:

(1) For all massage practitioners who perform outcall massage services, CAMTC certification shall be worn by and clearly visible on a certified massage practitioner's person or shown to a client prior to the commencement of massage therapy. For massage practitioners licensed by the City to practice massage, but who are not certified by CAMTC, the massage practitioner must show the client a copy of his or her City issued business license prior to the commencement of massage therapy

(2) For all massage practitioners who perform massage at a fixed location at a massage business, a copy of the CAMTC certificate of each and every massage practitioner, or City issued business license for massage practitioners licensed by the City to practice massage who performs massage for or at the business shall be displayed in the reception area or similar open public place on the premises. CAMTC certificates, or City business licenses for massage practitioners licensed by the City to practice massage, of former employees and/or independent contractors (including rent-space therapists) shall be removed as soon as those massage practitioners are no longer employed by or offering services through or at the massage business.

(3) For all massage businesses with a fixed location, the City issued business license for the massage business must also be displayed in the reception area or similar open public place on the premises.

(b) Massage shall be provided or given only between the hours of 7:00 a.m. and 9:00 p.m. No massage business shall be open and no massage shall be provided between 9:00 p.m. and 7:00 a.m. A massage commenced prior to 9:00 p.m. shall nevertheless terminate at 9:00 p.m.; and in the case of a massage business with a fixed location, 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 9:00 p.m.

(c) A list of the services available and the cost of such services shall be posted in the reception area within the massage premises, and shall be described in readily understandable language. Outcall massage 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 practitioner shall offer or perform, any service other than those posted or listed as required herein, nor shall they request or charge a fee for any service other than those on the list of services available and posted in the reception area or provided to the client in advance of any outcall services.

(d) For each massage service provided, every massage business 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 practitioner administering the service. Such records shall be open to inspection and copying by police officers, or other City officials authorized to enforce the provisions of this Chapter. These records may not be used by any massage practitioner, owner, operator, or employee of the massage business for any purpose other than as records of service provided, and may not be provided to other parties unless otherwise required by law. Such records shall be retained on the premises of the massage business for a period of two years, and be immediately available for inspection during business hours.

(e) Massage businesses shall at all times be equipped with an adequate supply of clean sanitary towels, coverings and linens. Clean towels, coverings, and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one client, unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one client. Soiled linens and paper towels shall be deposited in separate, approved receptacles.

(f) Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bath rooms, tanning booths, whirlpool baths and pools, if any, shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant. Bathtubs, if any, shall be thoroughly cleaned after each use with a disinfectant. All walls, ceilings, floors, and other physical facilities for the business must be in god repair, and maintained in a clean and sanitary condition.

(g) Instruments utilized in performing massage shall not be used on more than one client, unless they have been sterilized using approved sterilization methods.

(h) All massage business operators and their employees, including massage practitioners 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. For the purposes of this Section, outergarments means a garment worn over other garments ad does not include garments like underwear, bras, lingerie or swimsuits.

(i) Unless otherwise provided by law or by a City issued conditional use permit, no person shall enter, be, or remain in any part of a massage business while in possession of an open container of alcohol, or consuming or using any alcoholic beverage, or drugs except pursuant to a prescription for such drugs. The owner, manager, or other responsible managing employee shall not permit any such person to enter or remain upon such premises.

(j) No massage business shall operate as a school of massage, or use the same facilities as that of a school of massage.

(k) No massage business shall place, publish or distribute, or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective clients that any service is available other than those services listed as an available service pursuant to Section 4-18.105(c), nor shall any massage business employ language in the text of such advertising that would reasonably suggest to a prospective client that any service is available other than those services as described in compliance with the provisions of this Chapter.

(l) No massage shall be given unless the client's genitals are, at all times, fully covered. A massage practitioner shall not, in the course of administering any massage, make physical contact with the genitals or private parts of any other person regardless whether the contact is over or under the persons clothing.

(m) Where the business has staff available to assure security for clients and massage staff when behind closed doors, the entry to the reception area of the massage business shall remain unlocked during business hours when the business is open for business or when clients are present.

(n) No massage business located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall, during business hours, block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises. For the purpose of this Subsection, there is an irrebuttable presumption that the visibility is impermissibly blocked if for more than 10% of the interior reception and waiting area is not visible from the exterior window.

(o) All signs shall be in conformance with the current ordinances of the City of Santa Maria.

(p) Minimum lighting consisting of at least one artificial light of not less than 40 watts or LED equivalent shall be provided and shall be operating in each room or enclosure where massage services are being performed on clients, and in all areas where clients are present.

(q) Ventilation shall be provided in accordance with applicable building codes and regulations.

(r) Hot and cold running water shall be provided at all times.

(s) Adequate toilet facilities shall be provided for clients.

(t) A minimum of one wash basin shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing of massage services. Sanitary towels shall also be provided at each basin.

(u) No condoms may be stored onsite.

(v) All massage businesses shall comply with all state and federal laws and regulations for handicapped clients.

(w) A massage practitioner shall operate only under the name specified in his or her CAMTC certificate or the name specified in his or her City issued business license/massage permit issued prior to the effective date of this Chapter. A massage business shall operate only under the name specified in its City Registration Certificate.

(x) No massage business shall allow any person to reside within the massage business or in attached structures owned, leased or controlled by the massage business.

(y) Other than custodial or maintenance staff, no persons shall be permitted within the premises of a massage business between the hours of 11:00 p.m. and 6:00 a.m.

(Ord. 2017-18, eff. 12/21/17)

The investigating and enforcing officials of the City of Santa Maria, including, but not limited to the Chief of Police, Building Official, or their designees, and the City's Code Compliance Officers shall have the right to enter the premises from time to time during regular business hours for the purpose of making reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing or health regulations, and to enforce compliance with applicable regulations, laws, and statutes, and with the provisions of this Chapter. The massage business may be charged a fee for any safety inspections as provided in Section 4-18.104(e).

(Ord. 2017-18, eff. 12/21/17)

(a) A massage business shall notify the Chief of Police of any changes described in Section 4-18.104 pursuant to the timelines specified therein.

(b) A registrant shall report to Chief of Police any of the following within 96 hours of the occurrence:

(1) Arrests of any employees or owners of the registrant's massage business for an offense other than a misdemeanor traffic offense;

(2) Resignations, terminations, or transfers of practitioners employed by the registrant's massage business;

(3) Any event involving the registrant's massage business or the massage practitioners employed therein that constitutes a violation of this Chapter or state or federal law.

(c) This provision requires reporting to the Chief of Police even if the massage business believes that the Chief of Police has or will receive the information from another source.

(Ord. 2017-18, eff. 12/21/17)

Any massage business operated, conducted, or maintained contrary to the provisions of this Chapter shall constitute an unlawful business practice pursuant to Business and Professions Code Section 17200 et seq., and the City Attorney or District Attorney may, in the exercise of discretion, in addition to or in lieu of taking any other action permitted by this Chapter, commence an action or actions, proceeding or proceedings in the Superior Court of Santa Barbara County seeking an injunction prohibiting the unlawful business practice and/or any other remedy available at law, including but not limited to fines, attorneys' fees and costs. All remedies provided for in this Chapter are cumulative.

(Ord. 2017-18, eff. 12/21/17)

(a) Violations. In addition to any other remedy available under the law, violations of this Chapter are subject to the administrative citations and penalties provisions in Title 1, Chapter 1-8 and Chapter 1-9 of this Code.

(b) Separate Violations. Each violation of any provision of this Chapter shall constitute a separate violation. Each client to whom massage is provided or offered in violation of this Chapter shall also constitute a separate violation. Each day upon which a massage business remains open for business in violation of this Chapter shall also constitute a separate violation.

(Ord. 2017-18, eff. 12/21/17)

(a) Reasons. Certificates of registration may be suspended or revoked by the Chief of Police upon finding any of the following grounds:

(1) Except as otherwise provided in Section 4-18.103.A., a massage practitioner is no longer in possession of current and valid CAMTC certification. This Subsection shall apply to a sole proprietor or a person employed or used by a massage business to provide massage.

(2) An owner or sole proprietor fails to register under the provisions of California Penal Code Section 290 (sex offender registration), is convicted of California Penal Code Sections 266i (pandering), 315 (keeping or residing in a house of ill-fame), 316 (keeping disorderly house), 318 (prevailing upon person to visit a place for prostitution), 647(b) (engaging in or soliciting prostitution), 653.22 (loitering with intent to commit prostitution), 653.23 (supervision of prostitute); has a business permit or license denied, revoked, restricted, or suspended by any agency, board, city, county, territory, or state; is subject to an injunction for nuisance pursuant to California Penal Code Sections 11225-11235 (red light abatement); is convicted of a felony offense involving the sale of a controlled substance; is convicted of any crime involving dishonesty, fraud, deceit, violence, or moral turpitude; or is convicted in any other state of an offense which, if committed in this state, would have been punishable as one or more referenced offenses in this Subsection.

(3) The City determines that a material misrepresentation was included on the application for a certificate of registration or renewal.

(4) Violations of any of the following occurred on the premises of a massage business or were committed by a massage practitioner: California Business and Professions Code Sections 4600 et seq.; any local, state, or federal law; or the provisions of this Chapter.

(b) Procedures. Written notice of the suspension or revocation shall be served on the sole proprietor or owners by personal service or certified mail with the legal violation and supporting facts. The notice shall contain an advisement of the right to request an appeal hearing before an Administrative Hearing Officer.

(c) Time Period of Suspension of Permit. The Chief of Police may suspend a registration for a period between five days, and at the end of the license term, at his or her discretion.

(d) Effective Date of Suspension or Revocation. Suspension or revocation issued pursuant to Subsection (b) of this Section will be effective 10 days from the date appearing on the notice, unless a timely appeal is filed in accordance with Subsection (e) of this Section.

(e) Appeal.

(1) The decision of the Chief of Police is appealable to an Administrative Hearing Officer appointed pursuant to Section 5-6.101.

(2) An appeal must be in writing, and be hand-delivered or mailed to the Chief of Police.

(3) An appeal must be received by the Chief of Police on or before the effective date of suspension or revocation provided by Subsection (d) of this Section.

(4) The filing of a timely appeal will stay a suspension or revocation pending a decision on the appeal.

(5) A hearing shall be scheduled before an Administrative Hearing Officer within 30 days. The appellant and Chief of Police shall be notified in writing about the date of the hearing. Either the appellant or the Chief of Police may request, in writing directed to the Administrative Hearing Officer, a continuance of the hearing. Such requests must be supported by good cause. The decision whether to grant a continuance is at the discretion of the Administrative Hearing Officer, who shall consider whether granting the continuance poses a threat to public health or safety in light of the severity of the violations alleged.

(6) The decision of the Administrative Hearing Officer shall be final, with no further administrative right of appeal or reconsideration. The Administrative Hearing Officer may sustain a suspension or revocation, overrule a suspension or revocation, reduce a revocation to a suspension and/or reduce the length of a suspension. Further, the Administrative Hearing Officer may stay the effective date of any suspension for a reasonable time following a hearing.

(f) Reapplication. No reapplication will be accepted within one year after a certificate is revoked.

(g) Evidence. The following rules shall apply to any hearing required by this Section. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues, to be represented by counsel, and to confront and cross-examine witnesses. Any relevant evidence may be admitted if it is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Formal rules of evidence and discovery do not apply to proceedings governed by this Chapter. Unless otherwise specifically prohibited by law, the burden of proof is on the appellant in any hearing or other matter under this Chapter.

(Ord. 2017-18, eff. 12/21/17)

It shall be unlawful and a public nuisance for a massage business to be operated, conducted, or maintained contrary to the provisions of this Chapter. The City may exercise its discretion, in addition to or in lieu of prosecuting a criminal action, to commence proceedings for the abatement, removal, and enjoinment of that business in any manner provided by law.

(Ord. 2017-18, eff. 12/21/17)