Sierra Madre Municipal Code Ch. 5.56 Massage Therapy, Massage Business or Establishments

Footnotes:

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Editor's note— Ord. No. 1335, § 1, adopted June 11, 2013, amended Ch. 5.56 in its entirety to read as herein set out. Former Ch. 5.56, §§ 5.56.010—5.56.110, pertained to baths and massage establishments and derived Ord. 984, § 3(part), adopted 1981; and Ord. 1122, §§ 5—11, adopted 1995; Ord. 1264, § 3, adopted 2006.

A. CAMTC Certificate Required. Except where a specific exemption is applicable under this section or Section 5.56.230, it is a violation of this chapter for any person to provide massages and a massage business or establishment to employ or retain such a person, unless such person first obtains and continues to maintain in full force and affect a valid CAMTC certificate.

B. Grandfathering Therapists. Any person holding a valid massage permit pursuant to prior Municipal Code Chapter 5.56 ("Prior Permit") on the effective date of this ordinance [Ordinance No. 1335], and who has held such prior permit continually for five or more years as of the effective date of this ordinance may continue to provide massages under that prior permit after the effective date of this ordinance provided all of the following criteria are met: a) no complaints have been lodged with the city regarding the therapist under the prior permit; b) the prior permit remains in good standing on the effective date of this ordinance, and c) the therapist renews and maintains the prior permit as required under the prior Municipal Code Chapter 5.56. All other provisions of this Chapter 5.56 shall be applicable to the grandfathered therapist except for the requirement to obtain the CAMTC certificate.

C. Grandfathering Businesses. Any massage business or establishment holding a valid massage business permit pursuant to prior Municipal Code Chapter 5.56 ("prior permit") on the effective date of this ordinance, and who has held such prior permit continually for five or more years as of the effective date of this ordinance may continue to provide massages under that prior permit after the effective date of this ordinance provided all of the following criteria are met: a) no complaints have been lodged with the city regarding the business or establishment under the prior permit; b) the prior permit remains in good standing on the effective date of this ordinance; c) their employees, agents, independent contractors or other representatives providing massage have a valid prior permit or CAMTC certificate; and d) the business or establishment renews and maintains the prior permit as required under the prior Municipal Code Chapter 5.56. All other provisions of this Chapter 5.56 shall be applicable to the grandfathered business except for the requirement to obtain the CAMTC certificate.

(Ord. No. 1335, § 1(Exh. A), 6-11-13)

For the purpose of this chapter, the following words and phrases shall have the following meanings unless it is apparent from the context that a different meaning is intended:

"CAMTC certificate" means the certificate issued by the California Massage Therapy Council to massage therapists pursuant to subdivision (c) of Section 4601 of the California Business and Professions Code, and to massage practitioners pursuant to subdivision (b) of Section 4601 of the California Business and Professions Code or subdivision (a) of Section 4604 of the California Business and Professions Code.

"Certified massage practitioner" or "CMP" means any person to whom a CAMTC certificate has been issued pursuant to subdivision (b) of Section 4601 of the California Business and Professions Code, or subdivision (a) or (c) of Section 4604 of the California Business and Professions Code, and who is engaged in the practice of massage therapy for compensation. As used in this chapter, the terms "masseur" or "masseuse" or "independent massage therapist or practitioner" shall have the same meaning as "certified massage practitioner."

"Certified massage therapist" or "CMT" means any person to whom a CAMTC certificate has been issued pursuant to subdivision (c) of Section 4601 to the California Business and Professions Code and who is engaged in the practice of massage therapy for compensation. As used in this chapter, the terms "Masseur" or "masseuse" or "independent massage therapist or practitioner" shall have the same meaning as "certified massage therapist."

"Massage" means any rubbing, stroking, kneading, tapping, manipulation or use of friction or pressure, with the hand or any other part of the body or any instrument, upon the external parts of the body of another, whether or not accompanied by the use of heat, light, water, alcohol, oils, lotions, ointments or other chemicals or preparations, and whether or not accompanied by any sauna, tub, shower or cabinet bath, or hot or cold pack or any combination thereof, for any consideration whatsoever. Reflexology is not considered massage for purposes of this chapter.

"Massage business or establishment" means any business or establishment having a fixed place of business or at a location designated by the patron where any person for any consideration whatsoever performs or engages in any act of massage as defined in this section, whether or not other facilities or services are offered.

"Masseur" or "masseuse" or "independent massage therapist or practitioner" means any person who, for any consideration whatsoever, performs or engages in any act of massage as defined in this section.

"Operator" means any person who supervises, manages, directs, organizes, controls or in any other way is responsible for or in charge of the overall operation, conduct or activities of a massage business or establishment.

"Owner" means any of the following persons:

1. The sole proprietor of a massage business or establishment. As used in this chapter, the term "sole proprietor" shall mean a massage business or establishment where the owner is the only person employed by that business or establishment to provide massages;

2. Any general partner of a partnership that owns and operates a massage business or establishment; or

3. Any person who has a twenty percent or greater ownership interest in a corporation that owns and operates a massage business or establishment.

"Person" means an individual, partnership, firm, association, joint stock company, corporation or combination of individuals as a business venture of whatever form or character.

"Reflexology" means a non-invasive complementary practice involving the use of alternating pressure applied to the reflexes within the reflex maps of the body located on the feet, hands and outer ears.

(Ord. No. 1335, § 1(Exh. A), 6-11-13)

A. Zoning Clearance Required. No person may engage in, conduct or otherwise maintain in or upon any premises in the city the business of a massage establishment without a valid zoning clearance issued by the planning and community preservation director or designee, which determination may be appealed pursuant to the procedures of Chapter 17.66 ("Appeals and Calls for Review").

B. Zoning Clearance. It shall be required for any independent massage therapist or practitioner to provide copies of or other evidence of CAMTC certification prior to obtaining a zoning clearance from the Sierra Madre Planning and Community Preservation Department pursuant to Business and Professions Code Section 4612(b)(2)(B). Furthermore, it shall be required for any massage establishment or business that employs or uses only persons certified pursuant to this chapter to provide massage services to provide evidence of CAMTC certification held by the persons who are providing massage services at the business prior to obtaining a zoning clearance.

(Ord. No. 1335, § 1(Exh. A), 6-11-13; Ord. No. 1466, § 2, 3-28-23)

All massage establishments including independent massage therapists or practitioners shall obtain a business license pursuant to the provisions of Municipal Code Chapter 5.04. A business license issued to a massage establishment or independent massage therapist or practitioner shall be conditioned upon the rules and regulations of this chapter.

(Ord. No. 1335, § 1(Exh. A), 6-11-13; Ord. No. 1468, § 11, 8-22-23)

Editor's note— Ord. No. 1468, § 11, adopted August 22, 2023, amended the title of § 5.56.040 to read as herein set out. The former § 5.56.040 title pertained to business tax certificate—generally.

Except as otherwise provided in Section 5.56.010, no person may perform or engage in the practice of massage within the city without a valid and unrevoked CAMTC certificate. The certificate required by this section shall be maintained in compliance with the provisions of California Business and Professions Code Section 4600 et seq.

(Ord. No. 1335, § 1(Exh. A), 6-11-13)

A. Except as otherwise provided in Section 5.56.010, no massage establishment or its owner, operator or agent may hire or employ any person for the purposes of performing massage services without requiring that person to obtain a CAMTC certificate pursuant to the provisions of this chapter.

B. Except as otherwise provided in Section 5.56.010, no owner or operator may allow an employee, who is not in possession of a valid, unrevoked, current CAMTC certificate to perform any massage services whatsoever.

A. For the purpose of enforcing the requirements of this chapter, all owners and operators of the business or establishment shall be responsible for the conduct of all of their employees, agents, independent contractors or other representatives, while on the premises of the business or establishment or providing massages.

B. In addition to any other remedy available to the city under applicable law, a massage establishment permit may be suspended or revoked for any of the reasons under Section 5.04.130 of this code. Any such determination may be appealed under Section 5.04.140 of this code.

C. Upon issuance of a final order by the city manager or his or her designee to revoke the massage establishment permit, the massage establishment shall immediately cease operation, and, if so ordered by the hearing officer, no other massage establishment shall be permitted to operate at that location by any person or business for a period of not less than five years. If the operator is not also the legal owner of the real property on which the massage establishment is situated, notice of such revocation and the five-year prohibition shall be provided by the city to the owner of record of the property as shown on the latest county assessment roll.

(Ord. No. 1335, § 1(Exh. A), 6-11-13; Ord. No. 1466, § 3, 3-28-23; Ord. No. 1468, § 12, 8-22-23)

Editor's note— Ord. No. 1468, § 12, adopted August 22, 2023, amended the title of § 5.56.100 to read as herein set out. The former § 5.56.100 title pertained to massage business or establishment—suspension, revocation or restriction for cause.

The following physical facility requirements shall be applicable to all non-exempt massage businesses or establishments, and to all massage businesses or establishments described in paragraph (1) of subdivision (b) of Section 4612 of the California Business and Professions Code:

A. Except when there is no staff available to assure security for massage patrons and staff who are behind closed doors, no massage may occur behind locked, closed doors.

B. In lieu of doors to dressing rooms, toilet rooms and massage rooms or cubicles, draw drapes, curtain enclosures, or accordion-pleated closures are acceptable on the interior of the facility.

C. A massage table shall be used for all massages, with the exception of "Thai," "Shiatsu," and similar forms of massage, which may be provided on a padded mat on the floor, provided the patron is fully attired in loose clothing, pajamas, scrubs or similar style of garment. Beds, floor mattresses and waterbeds are not permitted on the premises of the business or establishment, except that for home occupations authorized under Chapter 17.85 may have beds, floor mattresses and waterbeds, provided they are not located in the same room where massage services are provided or in any room that clients are authorized to enter.

(Ord. No. 1335, § 1(Exh. A), 6-11-13)

The following health and safety requirements shall be applicable to all non-exempt massage businesses or establishments, and to all massage businesses or establishments described in paragraph (1) of subdivision (b) of Section 4612 of the California Business and Professions Code:

A. The massage or business establishment shall at all times be equipped with an adequate supply of clean sanitary towels, coverings and linens, and all massage tables shall be covered with a clean sheet or other clean covering for each patron. After a towel covering or linen has once been used it shall be deposited in a closed receptacle and not used until properly laundered and sanitized. Clean towels, coverings and linens shall be stored in closed, clean cabinets when not in use.

B. All liquids, creams, or other preparations used on or made available to patrons shall be kept in clean and closed containers. All bottles and containers shall be distinctly and correctly labeled to disclose their contents. When only a portion of a liquid, cream or other preparation is to be used on or made available to a patron, it shall be removed from the container in such a way as not to contaminate the remaining portion.

C. All bathrobes, bathing suits and/or other garments that are provided for the use of patrons shall be either fully disposable and shall not be used by more than one patron, or shall be laundered after each use pursuant to subsection (A) of this section.

D. The patron's genitals, pubic area, anus, and female patron's breasts below a point immediately above the top of the areola must be fully draped at all times while any employee of the business or establishment is in the massage room or cubicle with the patron. No massage shall be provided to a patron that results in intentional contact, or occasional and repetitive contact, with the genitals, anus, or areola of a patron.

(Ord. No. 1335, § 1(Exh. A), 6-11-13)

The following attire and physical hygiene requirements shall be applicable to all massage therapists and practitioners who are employed or retained by non-exempt massage business or establishment, or by a massage business or establishment described in paragraph (1) of subdivision (b) of Section 4612 of the California Business and Professions Code:

A. All persons shall be clean and wear clean and sanitary outer garments at all times. All outer garments shall be of a fully opaque, nontransparent material and provide complete covering from at least the mid-thigh to two inches below the collarbone. The midriff shall not be exposed.

B. All persons shall thoroughly wash their hands with soap and water or any equally effective cleansing agent immediately before providing a massage to a patron.

(Ord. No. 1335, § 1(Exh. A), 6-11-13)

It shall be a misdemeanor for any owner, proprietor, manager or other person in charge of any massage establishment or out-call massage service to employ any person under eighteen years of age to provide massage services.

(Ord. No. 1335, § 1(Exh. A), 6-11-13)

The city has the right to conduct reasonable inspections during regular business hours, to ensure compliance with Business and Professions Code Section 4612(d) and this chapter or other applicable fire and health and safety requirements.

A. All non-exempt massage business or establishments, including those described in Business and Professions Code Section 4612(b)(1), shall permit representatives of the city to conduct reasonable inspections, during regular business hours, to ensure compliance with this chapter, Business and Professions Code Section 4600 et seq., or other applicable fire, health or safety requirements.

B. Nothing in this section shall prohibit the city or its representatives from pursuing any and all available legal remedies to secure entry into and inspection of the premises if such entry is refused, or for any other reason allowed by law.

C. No person may prohibit or interfere with any lawful inspection of the premises.

(Ord. No. 1335, § 1(Exh. A), 6-11-13)

Every massage establishment or business shall maintain on its premises evidence for review by local authorities that demonstrates that all persons providing massage services hold a valid CAMTC certificate.

(Ord. No. 1335, § 1(Exh. A), 6-11-13)

A. No massage business or establishment, independent massage therapist or practitioner, or masseur or masseuse may place, publish or distribute, or cause to be placed, published or distributed, any advertising matter that would reasonably suggest to prospective patrons that any massage service of any type or any other service or activity is offered or available for immoral purposes, or in a manner intended to arouse, appeal to or gratify a prurient interest, lust, sexual or passionate desire.

B. No massage business or establishment, independent massage therapist or practitioner, or masseur or masseuse may advertise through any print or electronic media that is classified for "adults only" or other similar classification.

C. No person who does not possess a valid CAMTC certificate, nor any massage business or establishment that employs or retains such a person may:

1. State or advertise or put out any sign or card or other device, or to represent to the public through any print or electronic media, that such person is certified, registered or licensed by a government agency as a massage therapist or massage practitioner; or

2. Hold oneself out or use the title of "certified massage therapist," "certified massage practitioner," or any other term, such as "licensed," "registered," or "CMT" that implies or suggests that such person is the holder of a CAMTC certificate.

(Ord. No. 1335, § 1(Exh. A), 6-11-13)

A. Every nonexempt massage business or establishment, and every massage business and establishment as defined under Business and Professions Code Section 4612(b)(1), shall notify the city's finance department and planning and community preservation department, of any intention to rename, change management or ownership type, or convey the business or establishment to another person.

B. No person granted a CAMTC certificate pursuant to this chapter shall operate under any name or conduct his or her business under any designation or for any location not specified in the zoning clearance and business license.

C. The CAMTC certificate holder shall renew zoning clearance with the Sierra Madre Planning and Community Preservation Department upon any change of name or location.

D. Every CAMTC certificate holder shall notify the city finance department upon any change of name, location or ownership type.

(Ord. No. 1335, § 1(Exh. A), 6-11-13; Ord. No. 1466, § 4, 3-28-23)

The following provisions shall apply to all non-exempt massage businesses or establishments, and all massage business or establishments described in Business and Professions Code Section 4612(b)(1):

A. For the purpose of enforcing the requirements of this chapter, all owners and operators of the business or establishment shall be responsible for the conduct of all of their employees, agents, independent contractors or other representatives, while on the premises of the business or establishment or providing massages.

B. Notwithstanding any other provision of this code, the city may:

1. Require the business or establishment in its application for a business tax certificate, or for the renewal of a business tax certificate, to provide relevant information about the activities of the business or establishment regulated by this chapter;

2. Make reasonable investigations into the information so provided;

3. Charge a fee sufficient to cover the costs of any permit, license or certificate activities regulated by this chapter; and

4. Deny, revoke, restrict or suspend a zoning clearance for either of the following causes: (i) an employee, agent, independent contractor or other representative of the business or establishment has committed a violation of this chapter, or of any of the provisions of Business and Professions Code Section 4600 et seq.; or (ii) the business or establishment has provided materially false information in its application for a zoning clearance.

(Ord. No. 1335, § 1(Exh. A), 6-11-13)

This chapter shall not apply to the following:

A. Licensed professionals. Persons holding a valid certificate or license to practice the healing arts under the laws of the state of California including, but not limited to, licensees in the medical fields such as physicians, surgeons or chiropractors, osteopaths, naturopaths, podiatrists, acupuncturists, physical therapists, registered nurses and licensed vocational nurses;

B. State-licensed hospitals, nursing homes, sanitariums, physiotherapy establishments, or other state-licensed physical or mental health facilities and their employees operating pursuant to that license;

C. Recognized schools of massage and their students in training, provided the students provide massage only under the direct personal supervision of an instructor;

D. Barbers and cosmetologists who are licensed under the laws of the state of California while providing massage within the scope of their licenses, provided that the therapy is limited solely to the neck, face, scalp, feet and lower limbs up to the knees, hands and arms of their patrons;

E. Persons who provide massage to amateur, semi-professional or professional athletes or athletic teams, facilities or events, so long as such persons do not practice massage therapy as their primary occupation in the city of Sierra Madre.

D. Reflexologists performing reflexology who provide proof of successful completion of classroom instruction in reflexology from a reputable and licensed school of reflexology. However, any reflexologist engaged in massage shall be required to comply with the provisions of this chapter.

(Ord. No. 1335, § 1(Exh. A), 6-11-13)

Nothing contained in this chapter shall be construed to exempt any person from the provisions of any other ordinance, rule or regulation that would otherwise apply, nor to exempt a massage establishment, independent massage therapist or practitioner, or out-call massage service from the provisions of any zoning, licensing, taxing or other building regulation, ordinance or statute.

(Ord. No. 1335, § 1(Exh. A), 6-11-13)

Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is hereby declared a public nuisance and, as such, may be abated and enjoined pursuant to Chapter 8.16 of this code.

(Ord. No. 1335, § 1(Exh. A), 6-11-13)