Twentynine Palms Municipal Code Ch. 11.28 Massage Regulations

(a) Massage therapy is an integral component of the scope of services sought by residents and tourists.

(b) The City's current regulations do not reflect the needs of citizens nor the massage profession.

(c) Licensing standards pertaining to massage therapy business activities are necessary to protect the public health and safety and the personal safety of Massage Technicians and Massage Therapists.

(d) A fee is necessary to offset the costs associated with the implementation and administration of this Chapter.

(Ord. 186 §1, 2004)

The purpose of this Chapter is to insure the protection of the public health and safety and the personal safety of Massage Technicians and Massage Therapists through the establishment of certain licensing standards pertaining to massage therapy business activities within the City and to recognize massage therapy as a legitimate business occupation and health enhancement service.

(Ord. 186 §2, 2004)

The following definitions shall be applicable to this Chapter:

"Certified copy" means a copy of a document that is certified by the issuer as being a true and accurate copy of the original document or a similar document bearing an original signature of the issuer.

"Certified statement" means a written assertion, claim or declaration bearing the original signature of the issuer.

"Communicable disease" means tuberculosis, or any disease which may be transmitted from a Massage Technician to a patron through normal physical contact during the performance of any massage service.

"Complete application" means an application which provides all of the requisite information required to be provided by an applicant pursuant to this Chapter.

"Full nudity" or "semi-nudity" means any of the following:

(a) The appearance or display of an anus, male or female genital, pubic region, or a female breast below a point immediately above the top of the areola, and/or;

(b) A state of undress which less than completely and opaquely covers an anus, male or female genital, pubic region or a female breast below a point immediately above the top of the areola.

"Massage" or "massage therapy" means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliances, with or without supplementary aids such as creams, ointments, or other similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefor. "Massage" and "massage therapy" shall include such manipulation of the body or similar procedures described in this paragraph that are performed in hydrotherapy, spa or similar bath facilities.

"Massage Technician" or "Massage Therapist" means an individual who, for any consideration whatsoever, performs or offers to perform a massage.

"Off-premises massage" means a massage performed at a location that is not regularly or routinely used for purposes of providing massage services.

"Patron" means any person who receives a massage in exchange for any form of consideration including, but not limited to, the payment of money.

"Permit" means the written license to engage in the practice of massage for compensation as required by this Chapter.

"Permit Administrator" means the City Manager or that person designated by the City Manager to be responsible for issuing, revoking and otherwise administering any provision of this Chapter.

"Permittee" means the person to whom a permit has been issued pursuant to this Chapter.

"Person" means any of the following:

(a) An individual;

(b) A proprietorship;

(c) A partnership;

(d) A corporation;

(e) An association;

(f) A limited liability company; or

(g) Any other legal entity.

"Physician's Certificate" means a certified statement from a physician licensed to practice medicine in the United States that provides that the applicant has, within sixty (60) days prior to the filing date of the application, been examined by the physician and it has been determined that the applicant is free of any communicable disease as defined in this Chapter.

"Recognized School of Massage" means any school or educational institution licensed or approved by the state in which it is located, whose purpose is to upgrade the professionalism of Massage Technicians and which teaches the theory, ethics, practice, profession or work of massage and which requires a resident course of study before the student shall be furnished with a diploma or a certificate of graduation from such school or institution of learning following the successful completion of such course of study or leaning. Schools offering a correspondence course not requiring actual attendance shall not be deemed a recognized school.

"Specified anatomical area" means human genitals, pubic region, anus, or a female breast below a point immediately above the top of the areola.

"Specified sexual activities" means any of the following:

(a) The fondling or other erotic touching of human genitals, pubic region, anus, or female breasts;

(b) Sex acts, normal or perverted, actual, simulated, including, but not limited to, intercourse, oral copulation, masturbation, or sodomy; or

(c) Excretory functions as part of or in connection with the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy.

(Ord. 186 §3, 2004)

Editor's note— Ord. No. 275, § 4(Exh. A), adopted March 28, 2017, repealed § 11.28.040. Former § 11.28.040 pertained to permit requirements and derived from Ord. 186, adopted in 2004.

Except as expressly provided in this Chapter, no person shall perform or offer to perform an off-premises massage unless he or she has a valid Massage License from the State of California. Nothing in this Chapter shall exempt a person from zoning or other applicable requirements set out elsewhere in this Code or in the Zoning Ordinance, and every person shall comply with all such requirements.

(Ord. 186 §5, 2004)

(Ord. No. 275, § 4(Exh. A), 3-28-17)

Editor's note— Ord. No. 275, § 4(Exh. A), adopted March 28, 2017, repealed § 11.28.060. Former § 11.28.060 pertained to permit review and derived from Ord. 186, adopted in 2004.

Editor's note— Ord. No. 275, § 4(Exh. A), adopted March 28, 2017, repealed § 11.28.070. Former § 11.28.070 pertained to current information and derived from Ord. 186, adopted in 2004.

Editor's note— Ord. No. 275, § 4(Exh. A), adopted March 28, 2017, repealed § 11.28.080. Former § 11.28.080 pertained to temporary permits and derived from Ord. 186, adopted in 2004.

No person shall engage in the business of massage between the hours of 10:00 p.m. and 7:00 a.m. without first applying for and receiving a Massage Technician Permit with Off-premise Endorsement (Massage Therapist) pursuant to Section 11.28.050 of this Chapter.

(Ord. 186 §9, 2004)

Editor's note— Ord. No. 275, § 4(Exh. A), adopted March 28, 2017, repealed § 11.28.100. Former § 11.28.100 pertained to grounds for denial of application and derived from Ord. 186, adopted in 2004.

Editor's note— Ord. No. 275, § 4(Exh. A), adopted March 28, 2017, repealed § 11.28.110. Former § 11.28.110 pertained to renewal of permit and derived from Ord. 186, adopted in 2004.

Editor's note— Ord. No. 275, § 4(Exh. A), adopted March 28, 2017, repealed § 11.28.120. Former § 11.28.120 pertained to therapist's dress and identification and derived from Ord. 186, adopted in 2004.

Editor's note— Ord. No. 275, § 4(Exh. A), adopted March 28, 2017, repealed § 11.28.130. Former § 11.28.130 pertained to prohibited activities and derived from Ord. 186, adopted in 2004.

Editor's note— Ord. No. 275, § 4(Exh. A), adopted March 28, 2017, repealed § 11.28.140. Former § 11.28.140 pertained to suspension and revocation of permit and derived from Ord. 186, adopted in 2004.

Editor's note— Ord. No. 275, § 4(Exh. A), adopted March 28, 2017, repealed § 11.28.150. Former § 11.28.150 pertained to appeals and derived from Ord. 186, adopted in 2004.

Editor's note— Ord. No. 275, § 4(Exh. A), adopted March 28, 2017, repealed § 11.28.160. Former § 11.28.160 pertained to other remedies and derived from Ord. 186, adopted in 2004.

Editor's note— Ord. No. 275, § 4(Exh. A), adopted March 28, 2017, repealed § 11.28.170. Former § 11.28.170 pertained to exemptions and derived from Ord. 186, adopted in 2004.

If any section, subsection or clause of this Chapter shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining section, subsection and clauses shall not be affected thereby.

(Ord. 186 §18, 2004)

This Chapter shall become effective on the thirtieth day following its adoption.

(Ord. 186 §19, 2004)