Turlock Municipal Code Art. 2 Licensing and State Certification

(a) It shall be unlawful for any person to perform or engage in the practice of massage for compensation within the City unless that person possesses a current, valid, unsuspended and unrevoked CAMTC certificate.

(b) It shall be unlawful for any massage business or massage establishment to provide massage for compensation within the City unless all persons employed by the massage business or massage establishment to perform massage, whether as an employee, independent contractor, volunteer, or sole-proprietorship, possess a current, valid, unsuspended and unrevoked CAMTC certificate.

(Ord. 1334-CS, 11/13/2025)

(a) Any individual holding a valid Business License and issued by the City to perform or engage in massage for compensation within the City prior to the effective date of this chapter may continue to provide such massage services under that license until that license expires, but shall otherwise comply with the requirements of this chapter. Upon expiration of said license issued by the City, any person who desires to continue to provide massage for compensation within the City shall first obtain a current, valid, unsuspended and unrevoked CAMTC certificate.

(b) Any massage business holding a valid Business License issued by the City to provide massage for compensation within the City may continue to operate as a massage business until the license expires provided that all of the massage business' employees providing massage services possess a CAMTC certificate or the equivalent state certificate for massage. Upon expiration of the massage business' City Business License, any massage business that desires to continue to provide massage for compensation within the City shall first ensure that all of the massage business' employees providing massage possess a current, valid, unsuspended and unrevoked CAMTC certificate.

(c) All persons, massage businesses or massage establishments, including its owners, operators, managers, and employees engaged in the practice of massage for compensation within the City, shall comply with all health and safety and operating requirements, set forth in TMC §§ 6-9-105 and 6-9-106, upon its effective date.

(Ord. 1334-CS, 11/13/2025)

(a) Any person or massage business shall obtain a valid City Business License pursuant to Chapter 3-1 TMC to conduct massage for compensation within the City. Applicant shall provide a copy of a current and valid CAMTC certificate for every person who will be performing or engaging in the practice of massage for the massage business. Such certificate[s] shall be provided to the Chief of Police or designee to confirm the validity of the certificate[s]. The Chief of Police or designee shall notify City staff whether or not the applicant has a valid CAMTC certificate and may proceed with the business license application process.

(b) Every massage business owner[s] or manager[s] who does not qualify as a massage therapist and is not CAMTC certified must obtain a Massage Business Permit and be subject to the requirements of TMC § 6-9-205 prior to the issuance of a City Business License. If any massage business owner[s] or manager[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 manager[s] is removed from the application for the City Business License and replaced with a person who meets the requirements of this chapter.

(Ord. 1334-CS, 11/13/2025)

The City may, from time to time, request information from CAMTC pertaining to any person who possesses a CAMTC certificate and who is engaging in the practice of massage in the City. The requested information may include, but need not be limited to, the current status of a person's CAMTC certificate, any history of disciplinary action(s) taken against the person, the home and work addresses of the CAMTC certificate holder, and any other information that may be necessary to verify facts relevant to administering the provisions of this chapter.

(Ord. 1334-CS, 11/13/2025)

(a) Massage Business Permit. Every massage business owner[s] and manager[s] who do not possess a current and valid CAMTC certificate must obtain a Massage Business Permit from the Chief of Police, or his designee, prior to obtaining a business license, according to the procedures in this section. Notwithstanding this provision, business owner[s] and managers of a salon, spa, or day spa need not comply with this section if they are solely renting space to one or more certified massage therapist[s] as independent contractor[s] who meet all the provisions of this chapter and each such massage therapists shall be treated as an independent "massage business."

(1) The massage business owner[s] and manager[s] shall complete an application that requests information regarding topics including, but not limited to, the applicant's current business name and location, occupation, employment history for the five (5) years preceding the date of the application, and the name and address of any massage business or like establishment previously owned or managed by the applicant.

(2) All massage business owner[s] and manager[s] subject to this section shall personally appear at the City Police Department to be fingerprinted. The Chief of Police, or his designee, shall conduct or cause to be conducted on its behalf a background investigation of the applicant.

(3) At the time of the fingerprinting, the applicant shall pay the Police Department a fingerprinting fee and the cost of obtaining criminal history information and conducting a background investigation. Fees are set forth in the City's fee schedule in amounts established by resolution of the City Council as may be amended by the Council from time to time.

(4) The Chief of Police, or his designee, shall determine, based on the background investigation and the information submitted with the application, whether a Massage Business Permit shall be issued. If the Chief of Police, or his designee, determines that the applicant is not qualified, the Chief of Police, or his designee, shall inform the applicant in writing and specify the reasons for the denial. The City may deny a Massage Business Permit for the following reasons:

(i) The applicant has provided materially false information in applying for a Massage Business Permit;

(ii) Within five (5) years immediately preceding the date of the filing of the application the applicant has been convicted of, or pled guilty to, any of the following offenses: violation of Cal. Penal Code §§ 243.4, 261, 266a through 266j, inclusive, 267, 288, 314 to 316 inclusive, 318, 647(a), 647(b), 647(d), 647(i), 647(j), any offenses requiring registration under Cal. Penal Code § 290; any felony offense involving the possession for sale, sale, transportation, furnishing, or giving away of a controlled substance specified in Cal. Health & Safety Code §§ 11054 to 11058, inclusive, as amended; any offense in another state which, if committed in California, would have been punishable as one (1) or more of the offenses mentioned here, any offense involving the use of force or violence upon the person of another, or any offense involving theft, embezzlement, or moral turpitude;

(iii) Within five (5) years immediately preceding the date of the filing of the application the applicant has had a massage license suspended or revoked; unless the applicant can show mitigating circumstances exist since the revocation or suspension.

(5) Any person aggrieved by the decision of the Chief of Police, or his designee, may appeal that decision to the City Manager, or his designee, by filing a notice of appeal within ten (10) days of being notified of the decision.

(6) An appeal must be in writing, shall explain the reason(s) for the appeal and be mailed to the City Manager's Office, or his designee, with a filing fee in the amount established by resolution of City Council as may be amended by the Council from time to time within five (5) days of the date of the written notice. The City Manager, or his designee, shall schedule a hearing within thirty (30) days and provide written notice of the time, date and location of the hearing to the appellant.

(7) The hearing shall be conducted pursuant to Chapter 1-4 TMC. The City Manager, or his designee, shall render a decision within thirty (30) days of the conclusion of the hearing, unless the parties agree otherwise. The City Manager, or his designee, shall notify the appellant in writing of the decision. The decision of the City Manager, or his designee, may be appealed pursuant to Chapter 1-4 TMC.

(8) If a Massage Business Permit is granted by the Chief of Police, or his designee, it shall be valid until such time as the Permittee terminates the permit or the permit is suspended or revoked pursuant to TMC §§ 6-9-206 and 6-9-207. The permit shall be non-transferrable and cannot be sold.

(9) A massage business permittee shall notify the Chief of Police, or his designee, in writing at least thirty (30) days after the sale of the massage business or massage establishment for which he/she obtained the Massage Business Permit is completed.

(10) A Massage Business Permit shall be non-transferable and every new owner of a massage business or massage establishment who does not qualify as a massage therapist and is not CAMTC certified must obtain a Massage Business Permit before operating a massage business or massage establishment.

(11) The City may establish a nonrefundable fee by resolution adopted by the City Council, as amended from time to time, to recover costs associated with initial applications and renewals of a Massage Business Permit.

(b) Limited Exemption to CAMTC Certification for Massage Professionals. The City recognizes that some massage professionals currently practicing within the City may not meet the current requirements set forth by the CAMTC due to changes in educational or other requirements, particularly changes in requirements concerning hours of schooling, although the person has been in practice as a massage professional for a significant period. The city will therefore allow individuals who were working within the City as a massage professional prior to November 1, 2025, and who meet the requirements of this section to continue to practice massage as a massage professional under this exemption without certification from the CAMTC but with a Massage Business Permit under subsection (a).

(1) An individual seeking this exemption must demonstrate to the satisfaction of the Police Chief or designee that the individual worked as a massage professional in the City, either pursuant to their own massage business or the massage business of another under the then applicable Turlock Municipal Code requirements for at least three years prior to November 1, 2025.

(2) An individual granted an exemption from the CAMTC certification requirement pursuant to this chapter shall be referred to as an "exempt therapist." An exempt therapist will be issued an exemption certificate in the form of a Massage Business Permit pursuant to subsection (a) above that includes a statement from the Police Chief or designee that the person met the requirements of this exemption. Any individual granted an exemption certificate is required to display, in the same manner this chapter requires the display of CAMTC certification, the exemption certificate showing that the person met the requirements of this exemption.

(3) An exemption from the CAMTC certification requirement pursuant to this section is valid for two years from the date of issuance of the exemption certificate and must be renewed every two years thereafter. Any exempt therapist who allows their exemption certificate to expire shall not be eligible to renew such exemption certificate or operate as a massage therapist under this exemption. Failure to obtain a renewal on or before the date an existing exemption certificate expires shall make the individual ineligible for a continued exemption.

(4) The City may establish a nonrefundable fee by resolution adopted by the Council, as amended from time to time, to recover costs associated with initial applications and renewals of an exemption certificate.

(5) An exempt therapist is subject to and shall comply with all the requirements of this chapter, except for the CAMTC certification requirements.

(6) Individuals who do not submit an initial application on or before March 31, 2026, for the exemption described in this section shall be ineligible to qualify for the exemption.

(Ord. 1334-CS, 11/13/2025)

The Chief of Police, or his designee, may suspend and/or revoke a Massage Business Permit issued under this chapter for one (1) or more of the following reasons:

(a) A Massage Business Permit was obtained with fraudulent or deceitful information.

(b) A massage business permittee violated a provision or provisions of this chapter or the massage therapy Act or some other state or federal law. Including a violation of Cal. Penal Code §§ 243.4, 261, 266a through 266j, inclusive, 267, 288, 314 to 316 inclusive, 318, 647(a), 647(b), 647(d), 647(i), 647(j), any offenses requiring registration under Cal. Penal Code § 290; any felony offense involving the possession for sale, sale, transportation, furnishing, or giving away of a controlled substance specified in Cal. Health & Safety Code §§ 11054 to 11058, inclusive, as amended, any offense in another state which, if committed in California, would have been punishable as one (1) or more of the offenses mentioned here, any offense involving the use of force or violence upon the person of another, or any offense involving theft, embezzlement, or moral turpitude.

(c) The massage business or massage establishment is not being maintained in compliance with the provisions of this chapter, the massage therapy Act (Cal. Bus. & Prof. Code §§ 4600 through 4621), any other provision of the Turlock Municipal Code or any other local, state or federal law and the massage business permittee has failed to promptly remedy any deficiency for which they have received notice.

(d) The massage business or massage establishment has knowingly employed, allowed, or permitted a person who was not certified by CAMTC to perform massage services at the massage business or massage establishment.

(Ord. 1334-CS, 11/13/2025)

(a) The Chief of Police, or his designee, shall send written notice of the suspension or revocation shall be served on the business owner[s] or manager[s] by certified mail with the legal violation and supporting facts. The notice shall contain an advisement of the right to request an appeal.

(b) Suspension or revocation issued pursuant to subsection (a) shall be effective five (5) 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 of Police, or his designee, may be appealed to the City Manager's Office, or his designee. An appeal must be in writing, shall explain the reason(s) for the appeal and be mailed to the City Manager's Office, or his designee, with a filing fee in an amount established by resolution of City Council as may be amended by the Council from time to time within five (5) days of the date of the written notice. The City Manager, or his designee, shall schedule a hearing within thirty (30) days and provide written notice of the time, date and location of the hearing to the appellant.

(d) The hearing shall be conducted pursuant to Chapter 1-4 TMC. The City Manager, or his designee, shall render a decision within thirty (30) days of the conclusion of the hearing, unless the parties agree otherwise. The City Manager, or his designee, shall notify the appellant in writing of the decision. The decision of the City Manager, or his designee, may be appealed pursuant to Chapter 1-4 TMC.

(Ord. 1334-CS, 11/13/2025)

The investigating and enforcing officials of the City, including but not limited to the Chief of Police, or his designees, Chief Building Official or his designees, the Chief of the Fire Department or his designee, shall have the right to enter the massage business or the massage establishment premises, from time to time, during regular business hours, for the purpose of making reasonable inspections to observe and enforce compliance with applicable laws, statutes and regulations, and with the provisions of this chapter. The Chief Building Official and/or the Chief of the Fire Department may charge a fee for any safety inspections, which shall be established by Council.

(Ord. 1334-CS, 11/13/2025)

Nothing contained in this chapter shall be construed to exempt any person from complying with the provisions of any other applicable ordinance, rule, or regulation, or to exempt a massage business, massage establishment, or massage therapist from the provisions of any zoning, licensing or other building ordinance, rule or regulation.

(Ord. 1334-CS, 11/13/2025)

(a) Any person or business licensee shall notify the City Finance Department of any amendments or changes necessary to the information provided to the City pursuant to TMC § 6-9-203.

(b) Any person or business licensee who holds a City Business License pursuant to TMC § 6-9-203 shall inform the City Finance Department and Chief of Police within five (5) days if any of following events occur:

(1) Arrest of any employee, owner, manager, or operator of the massage business or massage establishment.

(2) Any event involving an employee, owner, manager, operator or independent contractor, volunteer that may constitute a violation of this chapter or any state or federal law.

(c) This provision shall be complied with even if the licensee believes that the City has or will receive the information from another source.

(Ord. 1334-CS, 11/13/2025)

Any massage business or massage establishment operated, conducted, or maintained contrary to the provisions of this chapter shall be unlawful and a public nuisance, and the City Attorney may, in the exercise of discretion, 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 any manner provided by law, and shall take such other steps and shall apply to such court(s) as may have jurisdiction to grant such relief as will abate or remove such businesses and restrain and enjoin any person from operating, conducting, or maintaining a massage business or massage establishment contrary to the provisions of this chapter. All remedies provided for in this chapter are cumulative.

(Ord. 1334-CS, 11/13/2025)

Any massage establishment or business operated, conducted, or maintained contrary to the provisions of this chapter shall constitute an unlawful business practice pursuant to Cal. Bus. & Prof. Code § 17200 et seq., and the City Attorney and/or District Attorney may, in the exercise of its discretion, in addition to or in lieu of taking any other action permitted by this chapter, commence an action or actions, proceeding or proceedings in an appropriate court of jurisdiction, seeking an injunction prohibiting the unlawful business practice and/or any other remedy available at law, including but not limited to fines, attorney's fees and costs.

(Ord. 1334-CS, 11/13/2025)

A violation of any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall constitute a misdemeanor and at the discretion of the City Attorney, a violation of any provision of this chapter may be prosecuted in a criminal court. Any violation of this chapter prosecuted as a misdemeanor shall be punishable by a fine of not more than one thousand dollars ($1,000.00) per violation or by imprisonment in the County Jail for a period of not more than six (6) months, or by both fine and imprisonment. All remedies provided for in this chapter are cumulative.

(Ord. 1334-CS, 11/13/2025)

A violation of any of the provisions or failing to comply with any of the mandatory requirements of this chapter may result in the issuance of an administrative citation and the City may, at its discretion, seek an administrative fine of up to one thousand dollars ($1,000.00).

(a) Each violation of any provision of this chapter shall constitute a separate and distinct violation for each and every day during which any violation of any provision of this chapter is committed, continued or permitted by such person.

(b) Notice of the assessed fine shall be served by certified mail with the legal violation and supporting facts. The notice shall contain an advisement of the right to file an appeal and the process for contesting the imposition of the fine with the City. The appeal process and timeline shall follow those procedures and timelines set forth in Chapter 1-4 TMC.

(c) If an appeal is not filed and the fine is not paid within thirty (30) days from either the date of the notice of fine or a notice of determination from the Hearing Officer, the fine may be referred to a collection agency within or external of the City.

(d) Any outstanding amounts owed to the City may be recovered through a lien against any real property owned by the offending party or a personal obligation lien against the offending party.

(Ord. 1334-CS, 11/13/2025)

Pursuant to the City Attorney's prosecutorial discretion, the City may enforce violations of this chapter as criminal, civil, and/or administrative violations utilizing administrative remedies. All remedies provided for in this chapter are cumulative.

(Ord. 1334-CS, 11/13/2025)