Tracy Municipal Code Art. 2 Massage Establishment Permits and Requirements

All owners who apply for a massage establishment permit that do not possess a certificate issued by the CAMTC, in addition to all other requirements under this chapter or requirements by applicable law, shall be fingerprinted and shall submit an application for a background investigation when applying for a permit. The applicant shall be responsible for all associated fees including the permit application fee, background investigation fee and other required fees as provided in the Citywide Master Fee Schedule.

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

(a) It is unlawful for any person to operate a massage establishment within the City without first obtaining a massage establishment permit from the Tracy Police Department.

(b) It is unlawful for a massage establishment owner or designee to employ or retain any person to practice massage therapy for compensation, or to allow any person to perform massage therapy for compensation on the premises of a massage establishment, unless that person is a CAMTC-certified massage therapist and unless that person is identified as an authorized massage therapist on the permit issued pursuant to this chapter.

(c) It is unlawful for a massage establishment to operate under any name or conduct business under any designation not specified in the massage establishment permit and/ or business license issued pursuant to this chapter, and/or any filing with the Secretary of State.

(d) It is unlawful for a massage establishment to continue to operate following the sale or transfer of any interest in the massage establishment to a person who was not identified as an owner in the massage establishment permit application.

(e) It is unlawful for any person or massage business to conduct massage for compensation within the City without first obtaining a valid City business license.

(f) If any massage business owner(s) are denied a massage business permit then a City business license cannot be issued to the massage business until such time as the denied business owner(s) or operator(s) are removed from the application for the City business license.

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

Each owner of a massage establishment shall file an application for a permit on a form provided by the Tracy Police Department. The application shall be accompanied by the fee established by the City's fee schedule. The application shall include the following information:

(a) The name, residence address and telephone number, and business address and telephone number of each owner of the massage establishment;

(b) The form of business under which the applicant will be conducting the massage establishment, i.e., corporation, general or limited partnership, limited liability company, or other form. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of its officers, directors, and each shareholder holding more than ten percent of the stock of the corporation. If the applicant is a general or limited partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply. If the applicant is a limited liability company, the application shall set forth the name and residence address of each of the members. If one or more of the members is a partnership, limited liability company, or corporation, the provisions of this section pertaining to a partnership, limited liability company, or corporate applicant shall apply, as applicable;

(c) The name, address, and telephone number of the owner of the real property where the massage establishment is to be operated. In the event the applicant is not the legal owner of the property, the application shall be accompanied with a copy of a lease between the applicant and the property owner authorizing the use of the premises for a massage establishment, or, alternatively, if there is no written lease, then a written, notarized acknowledgment from the property owner that the property owner has been advised that a massage establishment will be operated by the applicant on the property;

(d) A description of the proposed massage establishment, including the type of treatments to be administered;

(e) The name of each individual who the massage establishment employs or retains to perform massage therapy for compensation, whether on or off the massage establishment premises;

(f) The name of each individual who is regularly employed or retained by the massage establishment to perform services on the premises other than massage therapy, and the nature of their services;

(g) For each individual who the massage establishment does or will employ or retain to perform massage therapy for compensation, whether on or off the massage establishment premises, a copy of that individual's current certification from the CAMTC as a certified massage therapist, and a copy of his or her current CAMTC issued identification card;

(h) For each owner of the massage establishment who is a CAMTC-certified massage professional, a copy of his or her current certification from the CAMTC as a certified massage therapist and a copy of his or her current CAMTC-issued identification card;

(i) Whether any license or permit has ever been issued to the applicant by any jurisdiction under the provisions of any ordinance or statute governing massage or somatic practice, and as to any such license or permit, the name and address of the issuing authority, the effective dates of such license or permit, whether such license or permit was ever suspended, revoked, withdrawn, or denied; and copies of any documentary materials relating to such suspension, revocation, withdrawal, or denial;

(j) Whether any owner of the massage establishment, within five (5) years immediately preceding the date of filing of the application, has been convicted in a court of competent jurisdiction of any offense that relates directly to the operation of a massage establishment as a massage establishment owner or operator or as a person practicing massage for compensation, or as an employee of either; or has at any time been convicted in a court of competent jurisdiction of any felony the commission of which occurred on the premises of a massage establishment;

(k) Whether any owner or operator of the massage establishment is currently required to register under the provisions of Section 290 of the California Penal Code;

(l) Whether any owner or operator of the massage establishment, within five (5) years preceding the date of application, has been convicted in a court of competent jurisdiction of violating Penal Code Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 315, 316, 318, 647(b), or 653.22;

(m) Whether any owner or operator of the massage establishment has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Sections 11225 through 11235 of the California Penal Code, or any similar provision of law in a jurisdiction outside the State of California;

(n) Whether any owner of the massage establishment, within five years of the date of application, and as established by clear and convincing evidence, has engaged in acts prohibited under California Penal Code sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22;

(o) Such other information that may be required by the permit authority to determine compliance with any other eligibility requirements for issuance of the permit as specified by federal, state, or local law; and

(p) A statement that within the last five years the applicant has not failed to comply with a final court order or administrative action of an investigatory agency finding a violation of applicable federal, state and local wage and hour laws, including, but not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local minimum wage ordinance or prevailing wage requirements. For purposes of this subsection, a final court order or administrative action is one as to which there is no pending appeal and the time for filing an appeal has passed.

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

(a) The Chief shall issue a massage establishment permit if the applicant meets the requirements of this chapter and no grounds for denial exist under Section 4.20.180, or otherwise herein. The Chief may impose conditions on the permit consistent with this chapter and applicable law.

(b) Prior to the issuance of a massage establishment permit, the Chief shall make a reasonable investigation into the information provided in the application to confirm the facts stated therein.

(c) Prior to the issuance of a massage establishment permit, the applicant must obtain a zoning clearance letter from the Planning Department and a safety clearance letter from the Fire Chief or designee and/or the designated Building Official.

(d) Notice to property owner. If the applicant is not the record owner of the property where the massage establishment is located, the Chief may send a written notice to the property owner advising of the issuance of the permit and of the regulations applicable to the massage establishment. The Chief may also provide the property owner with copies of any other notices or communications with the applicant sent at any time before or after issuance of the permit.

(e) Term. A massage establishment permit issued pursuant to the terms of this chapter shall be valid until June 30th of each year, regardless of when the permit was issued.

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

The Chief may deny an application for a massage establishment permit on any of the following grounds:

(a) The massage establishment, as proposed by the applicant, would not comply with the requirements of this chapter.

(b) The massage establishment, as proposed by the applicant, would not comply with any applicable law, including, but not limited to the City's building, fire, zoning, and health regulations.

(c) The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for a massage establishment permit.

(d) Any owner of the massage establishment, within five (5) years immediately preceding the date of filing of the application, has been convicted in a court of competent jurisdiction of any offense that relates directly to the operation of a massage establishment whether as a massage establishment owner or operator or as a person practicing massage for compensation, or as an employee of either; or has at any time been convicted in a court of competent jurisdiction of any felony the commission of which occurred on the premises of a massage establishment.

(e) Any owner or operator of the massage establishment is currently required to register under the provisions of Section 290 of the California Penal Code.

(f) Any owner of the massage establishment, within five (5) years of the date of application, has been convicted in a court of competent jurisdiction of any violation of sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22 of the California Penal Code, or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the State of California that is the equivalent of any of the aforesaid offenses.

(g) Any owner of the massage establishment has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Sections 11225 through 11235 of the California Penal Code, or any similar provision of law in a jurisdiction outside the State of California.

(h) Any owner or operator of the massage establishment, within five (5) years of the date of application, and as established by clear and convincing evidence, has engaged in acts prohibited under California Penal Code Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j,315, 316, 318, 647(b), or 653.22.

(i) Any owner or operator of the massage establishment is an individual who has not attained the age of eighteen (18) years.

(j) Any owner or operator of the massage establishment, within five (5) years immediately preceding the date of filing of the application, has had a permit or license to practice massage for compensation or to own and/or operate a massage establishment revoked or denied in any jurisdiction.

(k) Within the last five (5) years, the applicant has failed to comply with a final court order or administrative action of an investigatory agency finding a violation of applicable federal, state and local wage and hour laws, including, but not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local minimum wage ordinance or prevailing wage requirements. For purposes of this subsection, a final court order or administrative action is one as to which there is no pending appeal and the time for filing an appeal has passed.

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

If an application for a massage establishment permit is denied, the Chief shall give written notice to the applicant specifying the grounds for denial.

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

(a) Whenever the information provided in the application for a certified massage establishment permit on file with the City changes, the owner shall file an application, provided by the Chief, to amend the permit to reflect such change. The application shall be accompanied by the fee established by the City's fee schedule.

(b) The application shall not be approved unless the Chief determines that the terms of the amended permit comply with all requirements of this chapter and all other local, state, and federal laws, and the massage establishment has no outstanding violations or unpaid citations or fees. Inspection of the massage establishment may be required prior to approval of the amendment.

(c) An amendment shall not be used to change the location or owners of a massage establishment. Instead, a new permit application is required.

(d) A denial of an application to amend a massage establishment permit may be appealed in the same manner as a denial of an application for a permit under Section 4.20.130.

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

All massage establishment owners and operators shall be deemed to know and understand the requirements and prohibitions of this chapter. Any massage establishment permit issued pursuant to this chapter may be suspended or revoked by the Chief when the Chief finds that any of the following have occurred on even a single occasion:

(a) The permittee or any person employed or retained by the massage establishment has violated any provision of this chapter;

(b) The permittee or any person employed or retained by the massage establishment has been convicted in a court of competent jurisdiction of having violated, or has engaged in conduct constituting a violation of, any of the following: California Penal Code S ections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22, or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the State of California that is the equivalent of any of the aforesaid offenses;

(c) Conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the State of California that is equivalent to any of the aforesaid offenses;

(d) The permittee or any person employed or retained by the massage establishment is required to register under Section 290 of the California Penal Code;

(e) The permittee has been subject to a permanent injunction against the conducting or maintaining of a nuisance pursuant to this Code, or Sections 11225 through 11235 of the California Penal Code, or any similar provision of law in any jurisdiction outside the State of California;

(f) The permittee or any person employed or retained by the massage establishment has engaged in fraud or misrepresentation or has knowingly made a misstatement of material fact while working in or for the massage establishment;

(g) The permittee has continued to operate the massage establishment after the massage establishment permit has expired;

(h) Massage has been performed on the premises of the massage establishment, with or without the permittee's actual knowledge, by any person who is not a duly authorized CAMTC-certified massage professional;

(i) A person who is not a duly authorized CAMTC-certified massage professional has provided outcall massage services through or on behalf of the massage establishment;

(j) There have been one or more acts prohibited under California Penal Code Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22 taking place on the premises of the massage establishment, whether or not any criminal prosecution has been pursued or conviction obtained for such acts, and whether or not they occurred with or without the actual knowledge of the permittee;

(k) The permittee or any person employed or retained by the massage establishment or any other person on the premises of the massage establishment has engaged in conduct or committed acts that a reasonable person in the patron's position would understand as an offer to perform on or engage in with the patron acts that are sexual in nature or that involve touching of the patron's genitals, or anal region;

(l) The permittee or any person employed or retained by the massage establishment has engaged in sexually suggestive advertising related to massage services on the premises of the massage establishment, including, but not limited to displaying photographs of individuals clothed in swim attire, or attire that is transparent, see-through or substantially exposes the individual's undergarments, breasts, buttocks, or genitals, describing massage services as "erotic," "sensual" or similarly sexual in nature, listing advertisements in adult media, or describing the appearance or age of massage providers; or

(m) If the applicant has failed to comply with a final court order or administrative action of an investigatory agency finding a violation of applicable federal, state and local wage and hour laws, including, but not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local minimum wage ordinance or prevailing wage requirements. For purposes of this subsection, a final court order or administrative action is one as to which there is no pending appeal and the time for filing an appeal has passed.

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

(a) The Chief shall send written notice of the suspension or revocation to the permittee and the notice shall be served on the permittee either personally or by certified mail addressed to the business or residence address of the permittee. The notice shall contain a description of the grounds for the suspension or revocation of the permit along with supporting facts, and the notice shall contain an advisement of the permittee's right to request an appeal. The Chief of Police, or designee, shall also send an informational copy of the notice of suspension or revocation to the person or entity who owns the property associated with the permittee's massage business.

(b) Suspension or revocation issued pursuant to subsection (a) shall be effective five (5) calendar days from the date appearing on the notice, unless a timely appeal is filed in accordance with subsection (c).

(c) The decision of the Chief may be appealed pursuant to and consistent with Section 4.20.130 of this chapter.

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

The following operational requirements shall be applicable to all massage establishments located within the City:

(a) No massage establishment shall be kept open for business between the hours of 10:00 p.m. of one day and 8:00 a.m. of the following day. A massage begun any time before 10:00 p.m. must nevertheless terminate at 10:00 p.m.

(b) The hours of operation of the massage establishment shall be displayed in a conspicuous public place in the reception and waiting area and in any front window clearly visible from outside of the massage establishment.

(c) Patrons shall be permitted in the massage establishment only during the hours of operation.

(d) During the hours of operation, patrons shall be permitted in massage therapy rooms only if at least one duly authorized certified massage professional is present on the premises of the massage establishment. Patrons shall not be permitted in any employee break room on the premises.

(e) During the hours of operation, except as otherwise provided herein, no visitors shall be permitted in massage therapy rooms, break rooms, dressing rooms, showers, or any other room or part of the massage establishment premises other than the reception and waiting area or toilet rooms.

(f) Except for a patron who is inside a massage therapy room for the purpose of receiving a massage, no patrons or visitors shall be permitted in or on the massage establishment premises at any time who are less than fully clothed in outer garments of nontransparent material, or who display or expose themselves in underclothing or similar intimate apparel.

(g) Massage therapists shall be fully clothed at all times. Clothing shall be of fully opaque, non-transparent material and said garments shall not expose their genitals, pubic areas, buttocks, or breasts. Swim attire may not be worn unless the massage therapist is providing a water-based massage modality approved by the CAMTC. A massage therapist should not wear any clothing that is deemed by the CAMTC to constitute unprofessional attire. All employees of the massage business, including owners and managers, shall also adhere to these clothing requirements.

(h) No massage establishment shall allow any person to reside within the massage establishment or in any attached structures owned, leased, or controlled by the massage establishment owners.

(i) A certificate holder shall provide his or her full name and certificate number upon the request from a member of the public, a member of the Tracy Police Department or its designee at the location where he or she is providing massage services for compensation.

(j) Massage operators shall include the name under which he or she is certified and his or her certificate number in all advertising for massage for compensation.

(k) The massage establishment shall keep on the premises a complete and current roster of all owners, operators, and managing employees of the massage establishment and all massage professionals and other persons employed or retained by the massage establishment. The roster shall include the name, residence address, and phone number of each individual. The roster shall be available for inspection by City officials charged with the enforcement of this chapter.

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

Except as otherwise specifically provided in this chapter, the following physical facility and building code requirements shall be applicable to all massage establishments located within the City:

(a) Main entry door and reception and waiting area required. One main entry door shall be provided for patron entry to the massage establishment, which shall open to an interior patron reception and waiting area immediately. All patrons and people other than individuals employed or retained by the massage establishment shall be required to enter and exit through the main entry door. Unless the massage establishment is a sole proprietorship or a home occupation with one or no other employees, the main entry door shall be unlocked at all times during business hours.

(b) No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area with curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises.

(c) All interior doors, including massage therapy rooms or cubicles, but excluding individual dressing rooms, showers, and toilet rooms, shall be incapable of being locked and shall not be blocked to prevent opening. This section does not apply to business entities who are owned by one individual with one or no employee, who shall be allowed to lock the door of the massage establishment when massage services are provided.

(d) Minimum lighting equivalent to at least one forty (40) watt light shall be provided in each massage therapy room or cubicle.

(e) A massage table or professional massage chair specifically designed for seated massage shall be used for all massage therapy, with the exception of "Thai," "Shiatsu," and similar forms of massage therapy, 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. Massage tables shall have a minimum height of eighteen (18) inches.

(f) Beds, floor mattresses, and waterbeds are not permitted on the premises of the massage establishment, and no massage establishment shall be used for residential or sleeping purposes, which may be shown by circumstantial evidence such as the presence of bedding, pillows, sleeping bags, suitcases, clothing, toiletries or other personal belongings, cooking appliances, utensils or food in excess of a business establishment's normal requirements.

(g) All locker facilities that are provided for the use of patrons shall be fully secured for the protection of the patrons' valuables, and each patron shall be given control of the key or other means of access.

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

(a) The massage establishment permit shall be displayed in an open and conspicuous place on the premises visible from the main entry door and/or reception and waiting area of the massage establishment.

(b) The original CAMTC certificate of every massage therapist performing massage shall be displayed in the reception area or in the area where massage is to be performed. CAMTC certificates of former employees, independent contractors, or shall be removed as soon as those massage therapists are no longer performing massage at the location. All records of employees, independent contractors, or volunteers who have performed massage for a massage business shall be retained by the owner of the massage business for a period of two years.

(c) Display of human trafficking notices. The massage establishment shall comply with the requirements in California Civil Code Section 52.6 related to the posting of information for victims of human trafficking.

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