Selma Municipal Code Ch. 18 Massage Establishments

This chapter shall be known as the CITY OF SELMA MASSAGE BUSINESS ORDINANCE. (Ord. 2015-1, 2-17-2015)

(A) Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter, and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in title I, chapter 3 of this code shall also govern the construction, meaning and application of words and phrases used in this chapter. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

EMPLOYEE: Any person over eighteen (18) years of age, who renders any service in connection with the operation of a massage business and receives compensation from the operator of the business or patrons.

MASSAGE: The scientific manipulation of the soft tissues, including, but not limited to, any method of treating the superficial parts of a patron for medical, hygienic, exercise or relaxation purposes by rubbing, stroking, kneading, tapping, pounding, vibrating or stimulating with the hands or any instrument, or by the application of air, liquid or vapor baths of any kind whatever.

MASSAGE ESTABLISHMENT: Any establishment having a fixed location, other than a residence, where any individual, firm, association, partnership, corporation or combination of individuals engages in, conducts, carries on or permits to be engaged in, conducted or carried on, massages, baths or health treatments involving massage or baths as the principal function for compensation, excluding those locations where massage is only provided on outcall basis.

MASSAGE PRACTITIONER: A person who is certified as such by the California massage therapy council (CMTC) and who administers massage for compensation.

MASSAGE THERAPIST: A person certified as such by CMTC and who administers massage for compensation.

PATRON: Any person over eighteen (18) years of age who receives a massage under such circumstances that it is reasonably expected that he or she will pay money or give any other consideration whatsoever therefor.

SOLE PROVIDER: A massage business where the owner owns one hundred percent (100%) of the business, is the only person who provides massage services for compensation for that business pursuant to a valid and active certificate issued by the CMTC and has no other employees or independent contractors. (Ord. 2015-1, 2-17-2015)

(A) Certificate Required: No person shall engage in or carry on the business of massage or administer massage for compensation unless such person has a valid massage practitioner or massage therapist certificate issued by CMTC.

(B) Business License Required: In addition to the required massage practitioner or massage therapist certificate, each and every separate office or place of business operating as a massage establishment shall pay a business license as prescribed by this code. (Ord. 2015-1, 2-17-2015)

The massage establishment permittee shall display the original massage practitioner or massage therapist certificate issued by CMTC of each and every person employed in the establishment, or administering massage at the establishment for compensation in an open and conspicuous place on the premises of the establishment. (Ord. 2015-1, 2-17-2015)

Every person who operates a massage establishment or administers massage for compensation shall at all times keep an appointment book in which the name of each and every patron shall be entered, together with the time, date and place of service and the service provided. Such appointment book shall be available at all times for inspection by the city or any authorized representative of the city.

Every person who practices or operates a massage establishment, and administers massage for compensation at any location other than the massage establishment including, but not limited to, any motel or hotel, must first give notice of his or her presence on the premises at that location and fully identify himself or herself, the massage business operator and the patron upon whom the person intends to practice or provide a massage to the owner, manager or person in charge of that location before rendering any service. This provision shall be deemed complied with where the location is a motel or hotel by giving such notice and identification to the person in charge of the registration desk of such motel or hotel. A record of such appointment shall also be kept in the appointment book hereinabove specified. (Ord. 2015-1, 2-17-2015)

Every massage establishment shall report immediately to the city any and all changes of ownership or management of the massage business, including, but not limited to, changes of manager or other person principally in charge, stockholders holding more than ten percent (10%) of the stock of the corporation, officers, directors and partners; any and all changes of name, style or designation under which the business is to be conducted; any and all changes of business address or telephone numbers where the business is to be conducted; and any and all changes or transfers of massage practitioners or massage therapists employed in the massage establishment or administering massage at the massage establishment whether by new or renewed employment, discharge or termination or otherwise. (Ord. 2015-1, 2-17-2015)

All massage establishments shall be periodically inspected by the city or an authorized representative for safety of the structure and adequacy of plumbing, ventilation, heating and illumination. The walls shall be clean and painted with washable, mold resistant paint in all rooms where water or steam baths are given. Floors shall be free from any accumulation of dust, dirt or refuse. All equipment used in the massage operation shall be maintained in a clean and sanitary condition. Towels, linen and items for personal use of operators and patients shall be clean and freshly laundered. Towels, cloths and sheets shall not be used for more than one patron. Heavy white paper may be substituted for sheets provided that such paper is changed for every patron. No massage service or practice shall be carried on within any cubicle, room, booth or any area within a massage establishment which is fitted with a door capable of being locked. Nothing contained herein shall be construed to eliminate other requirements of statute or ordinance concerning the maintenance of premises, nor to preclude authorized inspection thereof. (Ord. 2015-1, 2-17-2015)

No person shall publish or distribute, or cause to be published or distributed, any advertising matter or business identification card that states or depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available other than a "massage" as defined in section 5-18-2 of this chapter. (Ord. 2015-1, 2-17-2015)

Any massage establishment shall have one person who holds a valid massage therapist or massage practitioner's certificate issued by CMTC on the premises at all times while the establishment is open. A certificate holder shall personally supervise the business and shall not violate, or permit others to violate, any applicable provision of this chapter or of applicable statute and any such violation by any agent or employee of the massage establishment shall constitute a violation by the certificate holder. (Ord. 2015-1, 2-17-2015)

No person shall permit any person under the age of eighteen (18) years to come into or remain on the premises of any massage establishment. (Ord. 2015-1, 2-17-2015)

No person shall sell, give, dispense, provide or keep or cause to be sold, given, dispensed, provided or kept, any alcoholic beverage as defined in section 23004 of the Business And Professions Code of the state on the premises of any massage establishment. (Ord. 2015-1, 2-17-2015)

No person shall, for compensation, administer the activities covered by this chapter at his private residence at any time or permanently at any residence. (Ord. 2015-1, 2-17-2015)

The city or any authorized representative shall, from time to time, make inspection of each massage establishment for the purposes of determining that the provisions of this chapter and of statute are fully complied with. (Ord. 2015-1, 2-17-2015)

Every massage establishment shall maintain facilities meeting the following requirements:

(A) Sign: Subject to applicable ordinances, a recognizable and legible sign shall be posted at the main entrance identifying the establishment as a massage establishment.

(B) 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 (40) watts shall be provided in each room or enclosure where massage services are performed on patrons.

(C) Ventilation: Minimum ventilation shall be provided in accordance with the building code.

(D) Equipment: Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided.

(E) Water: Hot and cold running water shall be provided at all times.

(F) Linen Storage: Closed cabinets shall be provided for storage of clean linens and approved receptacles shall be provided for storage of soiled linen.

(G) Separation Of Sexes: If male and female patrons are to be served simultaneously at the massage establishment, a separate massage room or rooms, separate dressing facilities and separate toilet facilities shall be provided for male and female patrons, and each such separate facility or room shall be clearly marked as such.

(H) Bathing, Dressing, Locker, 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 locker shall be capable of being locked, and a minimum of one toilet and one washbasin shall be provided for every massage establishment.

(I) Facilities For Employees: A minimum of one separate washbasin shall be provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap or detergent and hot and cold running water at all times and shall be located within or close as practical to the area devoted to the performing of massage services. In addition, there shall be provided sanitary towels in permanently installed dispensers at each washbasin. (Ord. 2015-1, 2-17-2015)

Every massage establishment shall comply with the following operating requirements. These requirements shall be prominently and publicly displayed in a conspicuous place upon every premises operating under the provisions of this chapter.

(A) Bath and massage operations shall be carried on and the premises shall be open only between the hours of seven o'clock (7:00) A.M. and twelve o'clock (12:00) midnight.

(B) A list of services available and the cost of such services shall be posted in an open, public place on the premises and shall be described in readily understandable language. No owner, operator, responsible managing employee, manager or certificate holder shall permit and no massage practitioner or massage therapist shall offer to perform any services other than those posted.

(C) Wet and dry heat rooms, steam or vapor rooms or cabinets, shower rooms and compartments, toilet rooms and pools shall be thoroughly cleaned and disinfected as needed and at least once each day the premises are open with a disinfectant approved by the health department. Bathtubs shall be thoroughly cleaned with a disinfectant approved by the health department after each use. All walls, ceilings, floors and other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition.

(D) Massages shall not be given unless patrons are wearing clothing, or are draped, fully covering their genitals and female patrons are in addition wearing clothing, or are draped, fully covering their breasts. Where such clothing, or draping, is furnished patrons by the establishment, it shall not be used by more than one patron unless it has first been laundered and disinfected. Massage therapists and massage practitioners shall be fully clothed from the knee to the neck in clean clothing.

(E) No massage establishment shall operate as a school of massage, nor use the same facilities as that of a school of massage. It shall be unlawful for any person to perform massage upon a member of the general public while on the premises of a school of massage. Instructors and students of such schools may practice massage only upon a bona fide employee of the school or student. A dummy may be used. (Ord. 2015-1, 2-17-2015)

Any person violating the provisions of this chapter shall be reported to CMTC and shall be subject to those penalties as prescribed by title I, chapter 4 of this code for a violation of this code. (Ord. 2015-1, 2-17-2015)

Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter or of applicable statute shall be and the same is hereby declared to be unlawful 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 or enjoinment thereof in the manner provided by law or by this code; and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage establishment and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter or applicable statute. (Ord. 2015-1, 2-17-2015)

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

(A) Physicians, surgeons, chiropractors, osteopaths or physical therapists who are duly licensed to practice their respective professions in the state of California.

(B) Hospitals, nursing homes, sanatoriums or other healthcare facilities duly licensed by the state of California.

(C) Nurses registered under the laws of the state of California.

(D) Barbershops and beauty parlors, barbers and beauticians who are duly licensed under the laws of the state, provided that such massage is limited to the head and scalp.

(E) Accredited high schools and colleges, and coaches and trainers therein while acting within the scope of their employment.

(F) Trainers of any amateur, semiprofessional or professional athlete or athletic team. (Ord. 2015-1, 2-17-2015)

If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this chapter is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter. The council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective. (Ord. 2015-1, 2-17-2015)

The provisions of this chapter shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of this chapter. (Ord. 2015-1, 2-17-2015)