Stanislaus County Municipal Code Ch. 6.36 Massage Establishments and Schools

The purpose and intent of the board of supervisors in enacting this chapter is to protect the health, welfare, safety, and interest of the public and of patrons of establishments regulated in this chapter by requiring the licensing and regulation of the establishments, services, and persons defined in this chapter, by providing minimum building, health, and sanitation standards for such establishments, and by requiring minimum qualifications for persons performing such services.

(Ord. CS 1375, 5/21/2024)

For the purpose of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Applicant"

means a person who is required to file an application for a permit under this chapter, including a masseur, masseuse, instructor, trainee, individual owner, managing partner, managing officer of a corporation, or any other operator, manager or employee of a massage establishment or school of massage.

"Baths"

means the giving or furnishing of Russian, Finnish, Swedish, hot air, vapor, electric cabinet, steam, mineral, sweat, salt, Japanese, sauna, fomentation or electric baths or baths of any kind whatsoever, excluding ordinary tub baths or showers where an attendant is not required.

"Bona fide nonprofit organization"

means any fraternal, charitable, religious, benevolent, or any other nonprofit organization having a regular membership association primarily for mutual, social, mental, political, and civic welfare to which admission is limited to the members and guests and revenue accruing therefrom is to be used exclusively for the purposes of said organization, and which organization or agency is exempt from taxation, under the Internal Revenue Laws of the United States, as a bona fide fraternal, charitable, religious, benevolent, or other nonprofit organization and in which any massage or bath services provided are incidental to its primary operation.

"Health officer"

means the health officer of the county or duly authorized agent.

"Instructor"

means a person employed by a school of massage for the purpose of teaching and/or demonstrating courses in said school.

"Massage"

means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of a human body with the use of the hands, arms, or other portion of another human body, with or without the aid of any mechanical or electrical apparatus or appliances and with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments or other similar preparations commonly used on the human body. Massage shall also include the giving of any baths as listed above.

"Massage establishment"

means any establishment having a fixed place of business where any person, firm, association, or corporation engages in, or carries on, or permits to be engaged in or carried on any of the activities mentioned under "Baths" or "Massage," above. Any establishment engaged in or carrying on, or permitting any combination of massage and bath shall also be deemed a massage establishment.

"Masseur or masseuse"

means any person who, for any consideration whatsoever, engages in the practice of massage as defined in this section unless otherwise excepted.

"Out call massage"

means the engaging in or carrying on massage for a fee not at a massage establishment or school of massage, but at a location designated by the customer or client, by any permittee or by any other party.

"Person"

means any individual, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.

"School of massage"

means any school or institution of learning which has for its purpose the teaching of the theory, method, profession, or work of massage, which school requires a resident course of study not less than one hundred eighty class hours to be given in not less than three calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning, and which school has been approved pursuant to Section 94311 of the Education Code of the state.

"Trainee"

means a person accepted for enrollment in a course of study leading to a degree or certificate of graduation from a school of massage in the county.

(Ord. CS 1375, 5/21/2024)

A. It is unlawful for any person to engage in, conduct, or carry on, or to permit to be engaged in, conducted, or carried on, in or upon any premises in the county, the operation of a massage establishment or a school of massage without first having obtained a permit from the county as required in this chapter.

B. It is unlawful for any person to act as a masseur, masseuse, instructor, trainee, or to take any other position of employment with a massage establishment or school of massage in the county without first having obtained a permit from the county as required in this chapter.

C. It is unlawful for any person engaged in, conducting or carrying on the operation of massage establishment to operate or use the same premises, location, or facilities as a school of massage.

D. It is unlawful for any person engaged in, conducting, or carrying on the operation of a school of massage to operate or use the premises, location, or facilities as a massage establishment.

(Ord. CS 1375, 5/21/2024)

A. Every person who proposes to maintain, operate, or conduct a massage establishment or a school of massage in the county shall file an application with the treasurer-tax collector upon a form provided by the county, and shall pay a filing fee, set by the board of supervisors, which shall not be refundable.

B. Every person who proposes to be employed by a massage establishment or a school of massage, every person who proposes to engage in the practice of massage, and every person who proposes to be an instructor or trainee in a school of massage shall file an application with the treasurer-tax collector upon a form provided by the county and shall pay a filing fee, set by the board of supervisors, which shall not be refundable.

C. A permit when issued shall state whether it is for a massage establishment, for a school of massage, for a masseur or masseuse, for a massage establishment or school of massage employee who is not authorized to perform a massage, or for an instructor or trainee in a school of massage.

(Ord. CS 1375, 5/21/2024)

Every application submitted to the treasurer-tax collector shall include the following information:

A. The type of permit applied for;

B. The name, including all aliases, by which the applicant is or has ever been known;

C. The applicant's present residence address and the residence addresses and dates thereof for the three years immediately preceding the date of the application;

D. Written proof that the applicant is at least eighteen years of age;

E. The applicant's height, weight, color of eyes and hair;

F. Two portrait photographs of the applicant at least two inches by two inches;

G. The business, occupation, or employment of the applicant for the three years immediately preceding the date of application;

H. The applicant's social security number and driver's license number, if any;

I. The massage or similar business license or permit history of the applicant including:

1. Whether the person has previously operated in this or other city, county or state under license or permit,

2. Whether the person has had such license or permit revoked or suspended and the reason therefor;

3. The business activity or occupation of the person subsequent to such action of suspension or revocation;

J. Whether the applicant has ever been convicted of:

1. An offense involving conduct which requires registration pursuant to Section 290 of the Penal Code,

2. An offense involving the use of force and violence upon the person of another that amounts to a felony,

3. An offense involving sexual misconduct with children,

4. An offense involving theft of property,

5. An offense as defined in California Penal Code Sections 311, 315, 316, 318, 266, 266a, 266b, 266d, 266e, 266f, 266g, 266h, 266i, 647 subdivision (a), 647 subdivision (b), 647 subdivision (d), or 647a,

6. Conspiracy to commit or an attempt to commit any of the aforesaid offenses,

7. The equivalent of any of the aforesaid offenses in a jurisdiction outside the state;

K. Whether the person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement must be made giving the place of such registration, licensing or legal authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution;

L. Whether the applicant, including a corporation or partnership, or a former employer of the applicant while so employed, or a building in which the applicant was so employed or a business conducted, was ever subjected to an abatement proceeding under California Penal Code Sections 11225 through 11235 or any similar provisions of law in a jurisdiction outside the state;

M. The location at which the permittee is to be employed;

N. Such other identification and information necessary to disclose the truth of matters hereinbefore specified as required to be set forth in the application.

(Ord. CS 1375, 5/21/2024)

Every application for a permit to be a masseur, masseuse, instructor or trainee shall also be accompanied by a certificate from a physician licensed to practice medicine in the state showing that the applicant has been tested within the previous thirty days in a manner approved by the health officer and has been found to be free of all contagious, infectious, and communicable disease.

(Ord. CS 1375, 5/21/2024)

Every applicant for a permit to be a masseur, masseuse, or instructor shall also furnish a diploma or certificate of graduation from a school of massage, wherein the method, profession, and work of massage is taught and shall show satisfactory completion of courses in anatomy and hygiene.

A. The treasurer-tax collector shall accept as meeting the above requirements satisfactory evidence that the applicant has completed courses of instruction substantially equivalent to the above.

B. The treasurer-tax collector shall accept two years' bona fide experience as a masseur or masseuse in a massage establishment, attested to in writing under oath by a person other than the applicant, as satisfying the requirement for training in the theory, method, profession or work of massage. Any such applicant who has not completed courses in anatomy and hygiene may provide evidence satisfactory to the health officer of knowledge equivalent to that taught in such courses, or, if required by the health officer, shall within a reasonable time complete courses of instruction in such subjects.

(Ord. CS 1375, 5/21/2024)

Every application for a permit to operate a massage establishment or school of massage shall also set forth the exact nature of the massage and/or baths to be administered and the proposed place of business and facilities therefor.

(Ord. CS 1375, 5/21/2024)

Every application for a permit to operate a massage establishment or a school of massage shall give the name and address of the owners and lessors of the real property upon or in which the business is to be conducted.

(Ord. CS 1375, 5/21/2024)

Every application for a school of massage shall be accompanied by:

A. Proof of approval pursuant to Section 94311 of the Education Code of the state;

B. A statement of the educational and experience qualifications and the names and residence addresses of all administrators and instructors, and the subject matter to be taught or demonstrated by each;

C. A copy of the course outline, schedule of tuition, fees and other charges, regulations pertaining to tardiness and absence, grading policy, and rules of operation and conduct.

(Ord. CS 1375, 5/21/2024)

A. If an applicant is a corporation, the application shall also set forth the name of the corporation exactly as shown in its articles of incorporation together with the names and residence addresses of each of the officers, directors, and each stockholder holding five percent or more of the stock of the corporation.

B. The corporation shall designate one of its officers to act as the responsible managing officer of the massage establishment or school of massage. Such officer shall complete the application form as an individual applicant under this chapter.

(Ord. CS 1375, 5/21/2024)

A. If the applicant is a partnership, the application shall also set forth the name and residence address of each of the partners, including limited partners.

B. The partnership shall designate one of the partners to act as the managing partner of the massage establishment or school of massage. Such partner shall complete the application form as an individual applicant under this chapter. If one or more of the partners is a corporation, the provisions of this chapter pertaining to a corporate applicant shall apply.

(Ord. CS 1375, 5/21/2024)

Every application for a permit shall be verified by affidavit, or by declaration or certification under penalty of perjury as provided in the Code of Civil Procedure.

(Ord. CS 1375, 5/21/2024)

A. All applications for permits for massage establishments or schools of massage shall be referred to the building official, the fire warden, the health officer, the director of planning and community development, and the sheriff who shall make written recommendations to the treasurer-tax collector concerning compliance with the laws and ordinances that they administer and enforce.

B. All other applications shall be referred to the health officer and sheriff for their written recommendations to the treasurer-tax collector concerning compliance with the laws and ordinances that they administer and enforce.

C. The sheriff shall require an applicant to have his or her fingerprints taken and may require such additional information as may be necessary to establish the identification of the applicant.

(Ord. CS 1375, 5/21/2024)

A. The treasurer-tax collector shall issue a trainee permit after an application therefor has been reviewed and approved. The treasurer-tax collector may refuse, revoke, or suspend a trainee permit for the reasons set forth in Section 6.36.160. No such trainee shall perform any of the massage services enumerated in Section 6.36.020 except that such trainee may engage in massage services within the school premises under the direction of a qualified instructor and in his or her immediate presence.

B. The trainee permit shall be valid for a period of six months and shall not be renewed or extended except for a delay in completing required training due to accident, illness, or other showing of good cause. Such renewal or extension must be in writing by the treasurer-tax collector. The applicant for a trainee permit must submit a letter signed by the individual owner, managing partner, or managing officer of the school of massage showing that the applicant is currently accepted for enrollment in a course of study leading to a degree or certificate of graduation.

(Ord. CS 1375, 5/21/2024)

A. The treasurer-tax collector shall issue all other permits after the application therefor has been reviewed and approved. For good cause the treasurer-tax collector may refuse, revoke, or suspend a permit for a massage establishment, a school of massage, or for any other applicant or permittee for any of the following reasons, which reasons shall be set forth fully in writing and delivered to the applicant or permittee:

1. That the operation as proposed by the applicant, if permitted, will not or does not comply with all applicable laws, including, but not limited to, ordinances relating to building, health, planning, housing, zoning, and fire protection, and other applicable laws and regulations which the departments named in this chapter have a responsibility to administer;

2. That the applicant or any other person who will be directly engaged in the management and operation of a massage establishment or school of massage has been convicted of any of the offenses enumerated in subsection J of Section 6.36.050, or convicted of an offense outside the state that would have constituted any of the described offenses if committed within the state;

A permit may be issued to any person convicted of any of the crimes described if the conviction occurred more than five years prior to the date of the application and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for crimes mentioned in subsection J of Section 6.36.050;

3. That the applicant has been licensed or registered in any state as a prostitute;

4. That the treasurer-tax collector is not satisfied the moral character of the applicant is such that the applicant's employment by or maintenance and operation of a massage establishment or school of massage will not adversely affect the public interest, morals or welfare, or that he or she is not satisfied the moral character of any person who is an owner, partner, director of a corporation, stockholder holding five percent or more of the stock of the corporation, or lessor or owner of the real property, is such that the maintenance and operation of a massage establishment or school of massage will not adversely affect the public interest, morals, or welfare. The sheriff shall, on request, indicate to the treasurer-tax collector his or her approval or disapproval of an application on moral grounds;

5. That any of the provisions of this chapter have been violated or that the permittee or any employee, including a masseur, masseuse, instructor, or trainee, is engaged in any conduct at a massage establishment or school of massage which violates any state or local law or ordinance, or that the permittee of a massage establishment or school of massage has actual or constructive knowledge of such violations, or where such permittee by the exercise of due diligence should have had actual or constructive knowledge of any violation, or that such permittee or any other person acting on the permittee's behalf has refused to allow any duly authorized building inspector, peace officer, or health officer of the county to inspect the premises or the operations therein pursuant to the provisions of this chapter;

6. That the health officer has determined that such business is being managed, conducted, or maintained without regard for the public health, or for the health of patrons or customers, or without due regard to proper sanitation and hygiene.

B. Any person aggrieved by any decision or action of the treasurer-tax collector under the provisions of this section may appeal to the board of supervisors by written notice of appeal filed with the Clerk of the board within fifteen days following receipt by such person of written notice of such decision or action. The notice of appeal shall be brought before the board not later than the second regular board meeting following the filing of the appeal with the Clerk. At the meeting, the board will determine and announce the time and place of the hearing on the appeal.

(Ord. CS 1375, 5/21/2024)

Permits issued under the provisions of Section 6.36.160 shall be valid for a period of one year from the date of issuance and shall be renewable annually.

A. An application for the renewal of a masseur or masseuse permit shall be accompanied by a filing fee set by the board of supervisors which shall not be refundable, and shall contain the same information as in Section 6.36.050, excluding therefrom subsections D, G, H and I.

B. All applications for renewal shall be referred to the sheriff who may require an applicant to have his or her fingerprints taken and to furnish such additional information as may be necessary to establish the identification of the applicant.

C. All applications for renewal shall be accompanied by a certificate from a physician licensed to practice medicine in the state showing that the applicant has been tested within the previous thirty days in a manner approved by the health officer and has been found to be free of all contagious, infectious and communicable disease.

(Ord. CS 1375, 5/21/2024)

Upon the sale, transfer or relocation of a massage establishment or school of massage the permit therefor shall be null and void; provided, however, that upon the death or incapacity of the permittee, a massage establishment or school of massage may continue in business for a reasonable period of time, not to exceed three months, to allow for an orderly transfer of the business. No permittee shall operate under any name or conduct his or her business under any designation or at any location not specified in the permit. Any masseur, masseuse, instructor, trainee, or other employee may have a valid and unexpired permit transferred for use at any other massage establishment or school of massage upon written application to the treasurer-tax collector accompanied by a nonrefundable five-dollar transfer fee.

(Ord. CS 1375, 5/21/2024)

A. Every massage establishment and school of massage shall have the following facilities to provide for and protect the health and safety of the patrons thereof:

1. Rooms and facilities used for toilets, tubs, steam baths, and showers shall be constructed and installed in accordance with the applicable building regulations of the state and county.

2. Toilet facilities shall be provided in convenient locations. Separate toilet facilities shall be provided for males and females and shall be designated as to the sex accommodated therein.

3. Lavatories or wash basins, provided with both hot and cold running water, shall be installed in every toilet room or the vestibule thereto. All lavatories and wash basins shall be provided with soap in a dispenser and with sanitary towels.

4. Every cubicle, room, booth or other area provided or used for patrons' use shall be provided with adequate light, heat, and ventilation, as approved by the health officer. When windows or skylights are used for ventilation, at least one-half of the total required window area shall be openable.

5. To allow for adequate ventilation, any cubicle, room, booth, or other area provided or used for patrons' use and not served directly by an openable window, skylight, or mechanical system of ventilation shall be constructed so that the height of partitions does not exceed seventy-five percent of the floor-to-ceiling height of the area in which it is located.

6. No cubicle, room or booth, or other area which is provided or used for patrons' use, other than toilet facilities, shall be fitted with a door capable of being locked.

7. All electrical equipment and plumbing fixtures shall be installed in accordance with the applicable building regulations of the state and the county.

8. Individual security deposit facilities capable of being locked by the patron shall be provided at no extra charge for the protection of the valuables of patrons.

B. No permit to conduct a massage establishment or school of massage shall be issued until an inspection has been made of the proposed facilities by representatives of the building official, health officer, and sheriff, and said officials have determined that the proposed facility meets or can be made to meet the requirements of this chapter.

(Ord. CS 1375, 5/21/2024)

A. Every portion of massage establishment or school of massage, including appliances and apparatus, shall be kept clean and operated in a sanitary condition.

B. All masseurs, masseuses, instructors, and trainees shall be clean and wear clean outer garments, the use of which is restricted to the massage establishment or school of massage. A separate dressing room for each sex must be maintained on the premises with individual lockers for each employee or trainee. Doors to such dressing rooms shall open inward and shall be self-closing.

C. Each massage establishment and school of massage shall be provided with an adequate quantity of clean, laundered sheets and towels. Said sheets and towels shall be laundered after each use thereof and shall be stored in an approved and sanitary manner. Each massage table shall be provided with clean sheets and towels prior to each use. Approved receptacles shall be provided for the storage of soiled linens and towels.

D. Cubicles, rooms, booths, toilet rooms, plumbing fixtures, and other patron facilities shall be thoroughly cleaned at least once each day the massage establishment or school of massage is in operation. Bathtubs and shower compartments shall be thoroughly cleaned with a disinfectant after each use.

E. No massage establishment or school of massage, or any portion of a building in which the massage establishment or school of massage is located, shall be used for residential or sleeping purposes.

F. If male and female patrons are to be served simultaneously, separate rooms, baths, and other patron facilities shall be provided for such male and female patrons.

G. Massage establishments and schools of massage may be open for operation only between the hours of seven a.m. and twelve p.m., inclusive, of each day.

H. No out call massage services shall be performed unless authorized in writing by a physician and surgeon or osteopath duly licensed to practice in the state.

I. No alcoholic beverage shall be sold, served, furnished, kept or possessed on the premises of any massage establishment or school of massage.

(Ord. CS 1375, 5/21/2024)

A. Every permittee of a massage establishment must maintain a register of all persons employed on the premises and their permit numbers. Such register shall be available for inspection during regular business hours by any representative of the sheriff or health officer of the county.

B. Every permittee of a school of massage must maintain a register of all persons employed on the premises and of all trainees or students. Such register shall be available for inspection during regular business hours by any representative of the sheriff or health officer of the county.

(Ord. CS 1375, 5/21/2024)

A. Every massage establishment or school of massage shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such massage establishment or school of massage in a conspicuous place so that the same may be readily seen by all persons entering the massage establishment or school of massage.

B. The treasurer-tax collector shall provide each masseur, masseuse, instructor, or trainee, or other employee granted a permit with an identification card which shall contain a photograph of and the first name and permit number of said masseur, masseuse, instructor, or trainee which must be worn on the front of the outermost garment at all times during the hours of employment or training.

(Ord. CS 1375, 5/21/2024)

It is unlawful for any individual owner, managing partner, managing officer, or other person in charge of any massage establishment or school of massage to employ any person who is not at least eighteen years of age.

(Ord. CS 1375, 5/21/2024)

A. Every permittee of a massage establishment or school of massage shall keep a record of the date and hour of each treatment, and the name and address of the patron, and the name of the employee administering the treatment and the type of treatment administered. Such records shall be maintained for a period of six months.

B. Such records shall be open to inspection by the health officer. The information furnished or secured as a result of any such inspection shall be confidential. No public officer or deputy officer or employee of the county shall in any manner reveal any such confidential information except in a legal action to enforce the provisions of this chapter or pursuant to a court order.

C. Any unauthorized disclosure or use of such information by an owner, operator, manager, permittee or employee of a massage establishment or school of massage shall constitute a misdemeanor, and such person shall be subject to the penalty provisions of this code in addition to any other penalties provided by law.

(Ord. CS 1375, 5/21/2024)

Every permittee of a massage establishment or school of massage shall post a sign in a conspicuous place so that the same may be readily seen by all persons entering the massage establishment or school of massage, printed in bold letters not less than one inch in height, listing the services available and the rates to be charged therefor. No services shall be performed and no sums shall be charged for such services other than those shown on the sign posted.

(Ord. CS 1375, 5/21/2024)

Every permittee of a massage establishment or school of massage shall post a sign in a conspicuous place so that the same may be readily seen by all persons entering the massage establishment or school of massage, printed in bold letters not less than one inch in height, with the following thereon: "These premises are subject to inspection without notice by authorized officials of the County of Stanislaus."

(Ord. CS 1375, 5/21/2024)

The health officer shall from time to time, but not less than twice a year, cause an inspection to be made of the premises of each massage establishment and school of massage in the county for the purpose of determining whether the provisions of this chapter are being complied with. The health officer may designate any county officer or employee as his or her representative to conduct this inspection or to assist therein.

(Ord. CS 1375, 5/21/2024)

It is unlawful for any owner, operator, manager, or permittee in charge of or in control of a massage establishment or school of massage to employ any person who is not in possession of a valid, unrevoked permit or to allow such a person to practice massage within a massage establishment or school of massage.

(Ord. CS 1375, 5/21/2024)

All persons who possess an outstanding business license heretofore issued for the operation of a massage establishment or school of massage, and all persons who are operating a massage establishment or school of massage on the effective date of this chapter, and all employees thereof must apply for and obtain a permit within ninety days of the effective date of this chapter. Failure to do so and continued operation of a massage establishment or school of massage or continued employment as a masseur, masseuse, instructor, trainee, or other employee of a massage establishment or school of massage without a permit shall constitute a violation of this chapter.

(Ord. CS 1375, 5/21/2024)

This chapter shall not apply to:

A. Hospitals, nursing homes or sanitaria;

B. Physicians and surgeons, osteopaths, chiropractors, or physical therapists who are duly licensed to practice their respective professions in the state, or persons working under the direction of any such persons in hospitals, nursing homes or sanitaria;

C. Nurses who are registered under the laws of the state;

D. Barbers or cosmetologists when lawfully carrying out their particular profession or business and holding a valid, unrevoked license or certificate of registration issued by the state;

E. Bona fide trainers or coaches of any amateur, semiprofessional, or professional athlete or athletic team and the facilities therefor;

F. A bona fide nonprofit organization, as defined in this chapter, its employees, and the facilities thereof.

(Ord. CS 1375, 5/21/2024)