Taft Municipal Code Ch. 20 Therapeutic Massage

The following definitions shall apply when interpreting the intent or meaning of the requirements and guidelines of this chapter, subject to compliance with Division 2, Chapter 10.5 Massage Therapy Act of the Business and Professions Code [Section 4600 - 4621].

A city business license and the following are required:

(A) Massage Establishment Permit: A massage establishment will be required to obtain a Taft city business license and a massage establishment permit. All massage therapists performing massage at that location are required to obtain a massage therapist permit.

(B) Massage Therapist Permit: A massage therapist will be required to obtain a Taft city business license and a massage therapist permit to perform therapeutic massage.

(C) Kern County Public Health: A massage establishment will be required to obtain from Kern County Public Health an Environmental Health Permit to Operate a Massage Establishment per Chapter 8.70 of the Kern County Code of Ordinances. (Ord. 714-04, 7-6-2004; amd. Ord. 835-20, 5-5-2020)

(A) Except as provided in subsections (B) and (C) of this section, it is unlawful for any person to keep, maintain or operate a massage establishment, or to perform massage for a fee, profit or other compensation, in the city, in violation of this chapter or without having first obtained a massage establishment permit, from the city of Taft. Except as otherwise provided in this section, each massage therapist must hold a valid massage permit. No more than one massage establishment permit shall be required for any establishment in a single location.

An independent contractor conducting massage, must obtain a Taft city business license regardless of the exceptions in subsections (B) and (C) of this section.

(B) Subsection (A) of this section shall not apply to the following persons and establishments wherein the only persons performing massage are the following:

1. Physicians, nurses, physical therapists, chiropractors, osteopaths or cosmetologists licensed in their respective professions by the state of California pursuant to the code of Business and Professions.

2. Massage therapists holding valid diplomas or certificates of graduation from a school or other institution licensed by the state of California (wherein the method, profession or work of massage is taught, showing completion of at least 100 classroom hours and 100 hours of internship, both on the subject of massage) performing under the direction of, and in the presence of, a physician, nurse, physical therapist, chiropractor, or osteopath licensed by the state of California pursuant to the code of Business and Professions.

(C) Health facilities licensed as such by the state of California pursuant to the Health and Safety Code, shall not be required to obtain a permit as a massage establishment. Persons holding a massage therapist permit, or who are otherwise authorized to perform massage pursuant to this section, may perform massage on residents in such health facilities without having obtained a permit. (Ord. 714-04, 7-6-2004; amd. Ord. 835-20, 5-5-2020)

(A) Applications for permits under this section shall be obtained from the city of Taft. The completed application shall be submitted to Taft police department no less than fourteen (14) days prior to the commencement of business.

(B) Each application will list the requirements and conditions that must be met to successfully obtain a permit.

(C) Each applicant will be required to submit to a fingerprint identification and criminal history check, including photographs.

(D) Each applicant will pay a fee of one hundred dollars ($100.00) to the police department for the processing of the application which includes the fingerprinting, photographs and background check.

(E) Applicants for permits under this section who intend to teach massage or open a massage school, shall in addition to all other requirements of this code, submit a valid license from the state of California authorizing such activity. (Ord. 714-04, 7-6-2004; amd. Ord. 835-20, 5-5-2020)

(A) Massage therapy is prohibited as a mobile, house to house, or home occupation.

(B) A recognizable and readable sign shall be posted at the main entrance identifying the location as a massage establishment. All signs must comply with city sign requirements.

(C) All employees of the massage establishment shall be eighteen (18) years of age or older.

(D) Permits issued for massage establishments will not be transferable, and shall be valid only as to the applicant and location provided on the application for such permits. Permits issued for massage therapists will be portable from massage establishment to massage establishment.

(E) It shall be the responsibility of the holder of the permit for the massage establishment to ensure that each massage therapist has obtained a massage therapist permit from the city and a city business license when required by this chapter.

(F) Every massage therapist shall keep and maintain a "record of treatment" to include the date and hour of each treatment, and the name, address and phone number of each patron. The record shall be open to inspection by law enforcement during business hours. The record shall be maintained for twelve (12) months from the time of treatment. A massage establishment need not maintain a separate "record of treatment" from the massage therapist.

(G) No massage establishment may operate between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M.

(H) Any person holding a massage establishment permit shall, during business hours, ensure that the premises is accessible for inspection by law enforcement or any other government employees charged with enforcing health and safety or other laws of the city or state.

(I) Except as otherwise provided in this chapter, massage shall be performed only at a massage establishment for which a permit has been issued. (Ord. 714-04, 7-6-2004; amd. Ord. 835-20, 5-5-2020)

Massage establishment and massage therapist permits issued pursuant to this chapter may be amended, appealed, cited penalty fees, and revoked whenever it is found:

(A) That any of the terms or conditions of City issued permits have been violated, or that the business has been operated in violation of local, state or federal law.

(B) That any of the terms or conditions of Kern County Public Health issued environmental health permits have been violated.

(C) Any decision of revocation or denial made by the city, may be appealed to the city council within sixty (60) days. (Ord. 714-04, 7-6-2004; amd. Ord. 835-20, 5-5-2020)