Tracy Municipal Code Art. 1 General Provisions

It is the purpose and intent of this chapter to provide for the orderly regulation of offices and establishments providing massage therapy services, and to prevent and discourage the misuse of massage therapy as a front for human trafficking, prostitution, and related activities in violation of state law, all in the interests of the public health, safety, and welfare, by providing certain minimum building, sanitation, and operation standards for such businesses, and by requiring certain minimum qualifications for the operators and practitioners of such businesses. It is the further intent of this chapter to streamline local massage therapy permitting procedures, while still facilitating and advancing the ethical practice of massage therapy, by relying upon the uniform statewide regulations enacted by the Legislature in 2008 as Business and Professions Code Sections 4600 et. seq., known as the Massage Therapy Act, as subsequently amended, and by restricting the commercial practice of massage in the City to those persons duly certified to practice by the California Massage Therapy Council formed pursuant to those statutes.

(Ord. No. 1366, § 2 (Exh. 1), 12-2-2025)

If any provisions of this chapter become invalid as of January 1, 2030, they shall be repealed.

(Ord. No. 1366, § 2 (Exh. 1), 12-2-2025)

The definitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.

"California Massage Therapy Council" or "CAMTC" refers to the private nonprofit public benefit corporation created to regulate the massage industry pursuant to California Business and Professions Code Sections 4600 et. seq.

"CAMTC certificate" refers to an original current and valid certificate issued by the California Massage Therapy Council to a massage therapist pursuant to Business and Professions Code Sections 4600 et. seq. or any later enacted amendment.

"Certified massage therapist" or "massage therapist" refers to a health care professional certified by the CAMTC, possesses a valid CAMTC certificate and is licensed to practice or administer massage in exchange for any form of compensation within the City of Tracy. All people certified by CAMTC shall have the right to perform or engage in the practice of massage consistent with the Massage Therapy Act, the qualifications established by his or her certification, the provisions of this chapter, and applicable law.

"Chief" refers to the Chief of the Tracy Police Department or his/her designee. The Chief's designees may include but are not limited to the City's Code Enforcement Officers.

"City" refers to the City of Tracy.

"Compensation" refers to the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.

"Massage" or "bodywork" refers to the application of various techniques to the muscular structure and soft tissues of the human body. Application of massage and bodywork techniques may include, but are not limited to, stroking, kneading, tapping, compression, vibration, rocking, friction, pressure, and similar techniques. Examples of massage include Swedish massage, sports massage, shiatsu, polarity therapy, and reflexology. Massage and bodywork have the same meaning.

"Massage establishment" or "massage business establishment" refers to a fixed location where only state-certified massage therapists practice massage for compensation. The following are not considered massage establishments under this chapter: a hospital, nursing home, sanitarium, physiotherapy establishment, office of a licensed medical professional, or other state-licensed physical or mental health facility, a personal fitness training center, gymnasium, athletic facility or health club.

"Owner" refers to the legal owner of the massage establishment business.

"Operator" refers to the manager or person who operates the massage establishment business.

"Sole proprietorship" refers to a massage establishment business owner where the owner owns one hundred percent of the business and is the massage therapist or has one employed massage therapist.

"Visitor" refers to any individual not retained or employed by the massage establishment and not receiving or waiting to receive massage therapy services, excluding law enforcement personnel or governmental officials performing governmental business.

(Ord. No. 1366, § 2 (Exh. 1), 12-2-2025)

It is unlawful for any person to perform or engage in the practice of massage therapy for compensation within the City unless that person is certified by the CAMTC as a massage therapist pursuant to Business and Professions Code Sections 4600 et. seq.

(Ord. No. 1366, § 2 (Exh. 1), 12-2-2025)

This chapter shall not apply to the following people while engaged in the performance of the duties of their respective professions:

(a) Trainers of an amateur, semi-professional, or professional athlete or athletic team, as long as such person does not practice massage therapy as their primary occupation where they provide such services.

(b) Barbers, estheticians, and cosmetologists who are duly licensed under the laws of the State of California, while engaging in practices within the scope of their licenses.

(c) Individuals administering massages or health treatments involving massage to persons participating in single occurrence athletic, recreational, or educational events such as road races, track meets, triathlons, educational events, or conferences, provided that the event is open to the public or to a significant segment of the public such as employees of sponsoring or participating corporations, and the massage services are provided at the site of the event during, immediately preceding, or immediately following the event.

(d) Somatic practitioners who use no physical touch of any kind at any time in their practice.

(e) Physicians, surgeons, chiropractors, osteopaths, podiatrists, physical therapists, nurses, acupuncturists or any other person licensed to practice any medicinal or healing art under the provisions of Division 2 (commencing with Section 500) of the Business and Professions Code when engaging in such practice within the scope of his or her license.

(Ord. No. 1366, § 2 (Exh. 1), 12-2-2025)

(a) The Chief shall designate a staff member within the Tracy Police Department to serve as the primary liaison with the CAMTC. The liaison shall:

(1) Maintain an up-to-date list of all CAMTC-certified massage therapists practicing within the City;

(2) Maintain a current registry of all massage establishments operating within the City;

(3) Receive and review notices, correspondence, and other information transmitted by CAMTC; and

(4) Promptly notify CAMTC of any citations, arrests, convictions, or administrative actions involving certified massage therapists or massage establishments within the City.

(Ord. No. 1366, § 2 (Exh. 1), 12-2-2025)

(a) Authorized City officials, including but not limited to the Chief, the Chief Building Official or designees, and the Chief of the Fire Department or designees, are empowered to enter and inspect the premises of any massage establishment during regular business hours, and as otherwise reasonably necessary, to verify compliance with the provisions of this chapter, applicable state laws, and other municipal regulations.

(b) Such inspections may be conducted without a search warrant when carried out in accordance with this chapter and all other applicable laws. The purpose of such inspections is to ensure public health, safety, and welfare through enforcement of building, zoning, fire, and sanitation standards.

(c) Fees for safety inspections conducted under this section shall be in accordance with the Citywide Master Fee Schedule.

(d) The massage establishment owner and/or operator shall take immediate action to correct each violation noted by the inspector. A reinspection will be performed to ensure that each violation noted by the inspector has been corrected. A reinspection fee may apply.

(Ord. No. 1366, § 2 (Exh. 1), 12-2-2025)

Nothing in this chapter shall be construed to exempt any individual or business from complying with any other applicable federal, state, or local law, ordinance, rule, or regulation.

(Ord. No. 1366, § 2 (Exh. 1), 12-2-2025)

Any massage establishment operated, conducted, or maintained contrary to the provisions of this chapter 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 and enjoinment thereof, in the manner provided by law. Such remedies shall be in addition to any other judicial and administrative penalties and remedies available to the City under this Code or under state law.

(Ord. No. 1366, § 2 (Exh. 1), 12-2-2025)

Any person or entity found to be in violation of this chapter shall be subject to one or more of the following remedies, which may be imposed cumulatively:

(a) Violations may be enforced through the City's administrative citation process as provided in Chapter 1.28 of the Tracy Municipal Code.

(b) A violation of any provision of this chapter shall constitute a misdemeanor punishable by up to six (6) months imprisonment in county jail or a fine not to exceed One Thousand Dollars and no/100ths ($1,000.00), or both.

(c) The City Attorney may, in the exercise of discretion, commence a civil action for injunctive relief, abatement, or any other appropriate legal or equitable remedy to enforce compliance with this chapter.

(d) The Chief may suspend or revoke any massage establishment permit issued under this chapter upon finding that the permittee, or any employee thereof, has violated this chapter, the California Massage Therapy Act, or any other applicable law or regulation. Revocation or suspension shall be conducted in accordance with the procedures set forth in Section 4.20.220.

(1) The owner, operator, manager, and any person responsible for the control or operation of a massage establishment shall be jointly and severally liable for any violations of this chapter, regardless of whether such person directly committed the violation.

(2) Each day that a violation continues, or each instance of conduct in violation of this chapter, shall constitute a separate and distinct offense and may be punished accordingly.

(e) The remedies provided in this chapter are cumulative and in addition to any other remedies available under federal, state, or local law. Enforcement under this chapter shall not preclude the City from pursuing any other administrative, civil, or criminal action provided by law.

(Ord. No. 1366, § 2 (Exh. 1), 12-2-2025)

The Chief may order that a massage establishment cease operations if the Chief determines that the massage establishment is operating without a valid permit, business license, a massage therapist is performing massage services without the proper certification and/or any other violation of this chapter or law. The massage establishment must cease operations within twenty-four (24) hours of receiving a notice to cease operations.

(Ord. No. 1366, § 2 (Exh. 1), 12-2-2025)

Existing massage establishments operating within the City prior to the effective date of this chapter shall be permitted to continue operations, during the application process, provided that a complete application for a massage establishment permit and a background investigation application, if required, is submitted to the City within 120 days of the effective date of this chapter.

(Ord. No. 1366, § 2 (Exh. 1), 12-2-2025)

(a) Filing of appeal.

(1) An appeal shall be filed in writing with the City Manager or designee within ten (10) working days of the action appealed from. The appeal shall be filed on a form provided by the City Manager's office. The ten (10) working days for filing the appeal is measured from the date written notice of the decision is sent (or personally delivered) to the person. If there is no written notice of decision, the time for appeal is twenty (20) working days from the date of the decision.

(2) The appeal shall clearly identify the decision being appealed and state in detail the grounds for the appeal, including all supporting facts, evidence, and arguments.

(3) The appeal must be accompanied by the appeal fee listed in the Citywide Master Fee Schedule adopted by City Council Resolution.

(4) Failure to file a timely appeal shall constitute a waiver of all rights to an administrative hearing and the decision shall become final and conclusive.

(b) Hearing Officer or Appeals Body.

(1) Appeals shall be heard by a neutral Hearing Officer, designated by the City Attorney, who shall be an attorney licensed to practice law in the State of California and who possesses expertise on the subject matter.

(2) The Hearing Officer shall not have participated in the investigation or decision being appealed.

(3) The Hearing Officer shall have authority to receive evidence, hear testimony, and make written findings and recommendations.

(c) Notice and conduct of hearing. Upon receiving the notice of appeal, the City Manager or designee shall set the matter for hearing and shall give the person appealing written notice of the time and place of hearing at least ten (10) working days before the hearing. The hearing shall be held within thirty (30) working days of the date the notice of appeal is filed. The parties may extend this time by agreement. The hearing is not limited by technical rules of evidence.

(d) Decision of Hearing Officer.

(1) Within fifteen (15) calendar days after the conclusion of the hearing, the Hearing Officer shall issue a written decision, including findings of fact and conclusions of law, which shall be served upon the appellant and the City.

(2) The decision shall either:

i. Affirm the original decision;

ii. Reverse the original decision; or

iii. Modify the decision and impose alternative conditions or penalties deemed appropriate under the circumstances.

(e) Effect of appeal on enforcement.

(1) The filing of an appeal shall stay enforcement of the decision being appealed pending final resolution, except in cases where the Chief determines that continued operation poses an immediate threat to the public health, safety, or welfare.

(2) In such cases, the City may take immediate action to suspend operations pending the outcome of the appeal.

(f) Judicial review. Any final administrative decision rendered pursuant to this chapter shall be subject to judicial review under California Code of Civil Procedure section 1094.5 and in accordance with this chapter.

(1) Ninety (90) days: Code of Civil Procedure section 1094.5. Judicial review of any decision of the City, or of any commission, board, officer or agent of the City, may be had under California Code of Civil Procedure section 1094.5 only if the petition for writ of mandate is filed within ninety (90) days following the date on which the decision becomes final. However, if the person challenging the decision files a request for a copy of the record of proceedings with the City Clerk or designee within ten (10) days after the date on which the decision becomes final, then the time within which the writ of mandate may be filed is extended to the 30th day after the record is either delivered or mailed to the person or his attorney, if he has one. The procedures set forth in Code of Civil Procedure sections 1094.5 and 1094.6 apply.

(2) A "decision," as used here, means a decision subject to review under section 1094.5, suspending, demoting or dismissing an officer or employee; revoking or denying an application for a permit, license or other entitlement; imposing a civil or administrative penalty, fine, charge or cost; or denying an application for any retirement benefit or allowance.

(3) In making any final decision subject to review under Code of Civil Procedure section 1094.5, the City shall provide notice to the party that the time within which judicial review must be sought is governed by this section. The City may do so by including a copy of this section with the written notice of the final decision.

(4) Twenty-one (21) days: First Amendment issues. A final decision by the City to issue, revoke, suspend or deny a permit or other entitlement for expressive conduct protected by the First Amendment to the United States Constitution is governed by California Code of Civil Procedure section 1094.8. Such a decision is entitled to priority and subject to expedited hearing and review procedures. An action to challenge the City's decision must be filed and served within twenty-one (21) calendar days from the date of the decision.

(5) Thirty (30) days: most other decisions. Except as otherwise provided below, any legally permitted court action or proceeding to attack, review, set aside, void, annul or seek damages or compensation for any City decision or action must be commenced, and service of summons effected, within thirty (30) days from the date of the decision. Thereafter, all persons are barred from commencing or prosecuting any such action or proceeding or asserting any defense of invalidity or unreasonableness of such decision or action. In this subsection, "decision" includes administrative, adjudicatory, legislative, discretionary, and executive decision, or other action taken or authorized by this Code.

(Ord. No. 1366, § 2 (Exh. 1), 12-2-2025)