Suisun City Municipal Code Ch. 5.38 Massage Services

A. In enacting these regulations the city council recognizes that massage is a viable professional field offering the public valuable health and therapeutic services.

B. It is the purpose and intent of the city council to provide for the orderly regulation of massage establishments and massage practitioners in the interest of public health, safety, and welfare by providing standards for education and practice, and to ensure that those persons offering massage services shall posses the minimum qualifications necessary to operate such businesses and to perform such services offered.

C. It is the intent of this chapter to enact regulations to insure that those offering massage services are qualified and trained and can be expected to conduct their work in a lawful and professional manner.

D. The city seeks to prevent blight, crime, calls for police service, code enforcement concerns, and other drains on city resources that have negative secondary effects on surrounding areas by creating an uninviting and potentially dangerous environment and affect the city's economic vitality.

(Ord. No. 708, § 1, 4-21-2009)

The following terms and phrases, whenever used in this chapter, shall be construed as defined in this section:

A. "Employee" means any massage practitioner working for a massage establishment.

B. "Massage" or "Massage therapy" means treatment of the superficial parts of the human body by rubbing, pressing, stroking, kneading, tapping, pounding, bathing, vibrating, manipulating or stimulating with the hand(s) or any instrument, for an economic consideration. Massage or massage therapy also means the skillful application of touch to enhance health and well being.

Any person who administers to another person, for any form of consideration having monetary value, a massage, alcohol rub, fomentation, bath or electric massage procedure, manipulation of the body or other similar procedure.

C. "Massage establishment" means any premises where massage is given, either as a primary or secondary function.

D. "Massage practitioner" means any person who massages; but it does not include any person licensed under Business and Professions Code Sections 2135 through 2139 (medicine), 2630 or 2639 (physical therapy), 2732.1, 2733 or 2742 (nursing), or under the Chiropractic Initiative Act of 1922, as amended.

E. "Massage therapist" means any person who is certified by the Massage Therapy Organization under subdivision (c) of Section 4601 of the Business and Professions Code and who administers massage for compensation.

F. "MTO" or "Massage therapy organization" means the organization created by Section 4600 et seq. of the California Business and Professions Code.

G. "MTO Certificate" means a certificate issued under Section 4601 of the California Business and Professions Code, as amended.

H. "Operate" and "Operator." These terms refer to operating, conducting, maintaining or allowing a massage establishment or outcall massage service, or employing a massage practitioner to serve others.

(Ord. No. 708, § 1, 4-21-2009)

At the later of January 1, 2010 or the date the MTO begins issuing certificates, the following requirements apply:

A. Massage Establishments. It is unlawful to operate a massage establishment without MTO certificates for all of the massage practitioners employed by the establishment.

B. Massage Practitioners. It is unlawful to act as a massage practitioner, or employ a person as a massage practitioner for others, unless that practitioner has a certificate issued by the MTO. Every operator shall maintain a register of all persons so employed and their MTO certificates, which register shall be available for inspection by the city manager or his or her designee upon request.

(Ord. No. 708, § 1, 4-21-2009)

Until the date set forth above in section 5.38.030 or upon termination of the MTO, the city will require criminal background checks for existing massage practitioners and establishments within 60 days, and before issuing business licenses for new massage practitioners or establishments. Background checks shall be coordinated with the Suisun City Police Department. The city shall not issue a business tax license, if the background check uncovers any of the following:

A. The applicant or any employee has been convicted of an offense requiring registration under Penal Code Section 290 or defined in Sections 311 through 312.7, 314, 315, 316, 318, 647(a), (b), (d) or 647a, or an offense involving the use of force and violence upon the person of another or lewd conduct; or

B. The proposed business does not fully comply with all the requirements of any applicable law, ordinance or regulation relating to health, safety and welfare; or

C. The applicant, knowingly and with the intent to deceive, has made any false, misleading or fraudulent statement or representation, or material omission, in connection with the application process.

(Ord. No. 708, § 1, 4-21-2009)

It is unlawful to operate a massage establishment without adhering to the following business practices:

A. Prior to January 1, 2010 or the date the MTO begins issuing certificates, the applicant shall provide proof of training as equivalent to that of the MTO.

B. Every person, association or corporation operating a massage establishment under the provisions of this chapter shall maintain a record of the date and hour of each treatment, the name and address of the patron, and the name of the massage practitioner administering such treatment. Such records shall be completed by an employee of the establishment in a legible manner, and shall be maintained on the premises of the massage establishment. Such records shall be open to inspection by officials charged with the enforcement of these provisions for the purpose of law enforcement and for no other purpose. The information furnished or secured as a result of any such inspection shall be confidential. Such records shall be maintained for a period of two years.

C. Extra restrooms and showers may only be required if other professional and personal services must also comply. Unlocked doors may only be required if at least one staff person or employee is available to assure security of massage practitioners and clients. Windows into massage rooms may not be required.

D. Every holder of a permit for a massage establishment shall cause to be displayed in a conspicuous place, readily seen by persons entering the premises, a list of services and the cost of such services provided by the establishment. No service may be rendered if it is not listed.

E. Every person, association, or corporation operating a massage establishment shall permit those officials charged with the enforcement of the provisions of this chapter to make inspections from time to time to determine that the provisions of this chapter are continually being met.

F. No permittee shall allow communication devices to be installed or used in any manner on the premises so as to interfere with or hinder inspections by law enforcement officials.

G. Upon the sale or transfer of any interest in a massage establishment (including any sublet arrangement) a new Suisun City business tax license shall be required.

H. All massage establishments shall comply with all of the following:

1. Lighting shall be provided in accordance with the building laws and, in addition, at least one artificial light of not less than 40 watts shall be provided in each room or enclosure where massage services are performed on patrons;

2. Ventilation shall be provided for each enclosure of room;

3. Equipment for disinfecting and sterilizing instruments shall be provided;

4. Closed cabinets shall be utilized for the storage of clean linen;

5. Dressing areas, and toilet facilities shall be provided for patrons. Lockers shall be provided whenever patrons are required to undress or disrobe. Male and female patrons shall not be served simultaneously in the same room. Male and female patrons shall not simultaneously use massage rooms, dressing areas, lockers and toilet facilities;

6. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and other physical facilities must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms or steam or vapor cabinets, shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use;

7. Clean and sanitary towels and linens shall be provided for each patron of the establishment. No common use of towels or linens shall be permitted;

8. Compliance with all applicable laws, including but not limited to, labor and health and safety laws, building codes, ordinances, rules and regulations.

(Ord. No. 708, § 1, 4-21-2009)

Violations of this chapter may by enforced in any combination as permitted by the City Code and any other enforcement and legal remedies available to the city under the law.

(Ord. No. 708, § 1, 4-21-2009)