Vallejo Municipal Code Ch. 16.326 Massage Establishments

These provisions ensure the orderly regulation of massage services and protect the public's health and safety, by establishing certain standards pertaining to massage business activities. Massage therapy is recognized as a legitimate business occupation and health-related service.

Massage establishments are subject to the requirements of this chapter and to the requirements of the Vallejo Municipal Code Section 5.04.205, Massage and related, massage establishments. Except for massage services that are deemed to be an accessory use, it shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in the application of massage or the operation of a massage service without having obtained certification from the California Massage Therapy Council (CMTC) and approval of a discretionary permit as prescribed in, Part II, Districts and Development Types.

A. Zoning Compliance Review Required. A massage service or therapy establishment with two or fewer practitioners shall require a zoning compliance review, pursuant to Chapter 16.603, Zoning Compliance Review.

B. Regulatory Permit Required. It is unlawful for any person to operate, engage in, conduct or carry on any massage business unless the owner of such business first obtains from the director, and continues to maintain in full force and effect, a massage regulatory permit for such business.

1. Permit application.

a. The owner of a proposed massage entertainment business shall be the only person eligible to obtain massage regulatory permit for such business. The owner shall not be eligible to obtain an massage regulatory permit unless the owner is at least eighteen years of age.

b. The following shall be submitted to the director at the time of application for an Massage regulatory permit:

i. A completed application form signed by:

(a) The applicant; and

(b) Either the record owner of the property or the lessor of the premises (if the business premises are leased to the applicant business) where the massage business is to be conducted.

ii. The applicant's fingerprints on a form provided by the Vallejo Police Department. Any fees for the fingerprints shall be paid by the applicant.

iii. Two color photographs, taken within six months prior to the date of the application, that clearly show the applicant's face. Any fees for the photographs shall be paid by the applicant.

iv. A written description of the proposed massage establishment and how it will satisfy the requirements of this chapter.

v. A site plan depicting the building and unit proposed for the massage establishment. the site plan shall include a dimensional interior floor plan that depicts how the business will comply with the requirements of this chapter. The site plan shall also include a diagram of the off-street parking areas required by chapter 16.508, off-street parking and loading of this code.

vi. A statement signed by the applicant certifying under penalty of perjury that all of the information submitted in connection with the application is true and correct.

vii. A nonrefundable application fee in an amount set by the master fee schedule.

c. If the director determines that the applicant has completed the application improperly, the director shall promptly notify the applicant of such fact and shall return the application unprocessed. On request of the applicant, the director shall grant the applicant an extension of time of ten days to complete the application properly. The time period for granting or denying the requested permit shall be stayed during the period in which the applicant is granted an extension of time.

2. Approval or denial of permit. Applicants for a massage regulatory permit as defined in this chapter shall provide proof that a background check has been cleared by the Vallejo police department for the holder of the permit and all employees.

a. Neither the Applicant, if an individual, or any of the officers or general partners if a corporation or partnership, or employees have been found guilty or pleaded nolo contendere within the past seven years of a misdemeanor or a felony classified by the state as a sex or sex-related offense.

b. The director shall, within thirty calendar days of the filing of a complete application, approve and issue the massage regulatory permit if the requirements of this chapter have been met; otherwise the permit shall be denied. Notice of the approval or denial of the permit shall be given to the applicant in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service on the date of such decision. If the application is denied, the director shall attach to the notice a statement of the reasons for the denial. The time period set forth in this paragraph shall not be extended except upon the written consent of the applicant. Any interested person may appeal the decision of the director to the hearing officer in accordance with the Section 16.602.14, Appeals.

3. Nontransferable.

a. No person shall operate a massage business under the authority of a massage regulatory permit at any place other than the address of the massage business stated in the application for the permit.

b. No massage regulatory permit issued pursuant to this chapter shall be transferable.

c. Any attempt to transfer a massage regulatory permit is hereby declared invalid and the permit shall automatically become void effective the date of such attempted transfer.

d. Nothing in this section shall prevent the director from approving a second massage regulatory permit for a single location provided that the holder of the massage regulatory permit previously approved for such location consents in writing to the automatic expiration of such previously approved permit upon the effective date of such second permit.

C. Major Use Permit Required. A massage service establishment with more than two practitioners shall require a major use permit, as prescribed in Chapter 16.606, Minor and Major Use Permits.

D. Massage accessory to certain uses. Massage is deemed to be an accessory use and does not require a zoning compliance or a major use permit when performed:

1. In an athletic club or similar facility authorized under the Zoning Code;

2. In an office that is an integral part of and operated by a hospital, convalescent home, sanitarium, medical clinic, medical laboratory, medical education facility, or other medical facility licensed as such by the state or other competent and lawful authority and under the direction of a licensed medical practitioner; or

3. By a barber or cosmetologist who is duly licensed and performing massage within the scope of that license.

E. Not Applicable to Massage Conducted as Home-based business. These provisions do not apply to massage operators who have been approved subject to Chapter 16.321, Home-Based Businesses and are operating in compliance with all applicable requirements, including CMTC certification.

In addition to any other information required by Chapter 16.603, Zoning Compliance Review and Chapter 16.606, Minor and Major Use Permits, the application for establishment of a massage establishment that is not accessory to medical, clinical or athletic facilities as described above, shall include all of the following information:

A. The nature of the massage to be administered;

B. The name, address, and CMTC certificate number for each massage practitioner;

C. The name and address of the massage school attended by each massage practitioner who will be performing services in the business;

D. The names and addresses of any businesses previously operated by the applicant;

E. Floor plans identifying the number of treatment rooms and waiting room square footage; and

F. A statement that the proposed establishment will not be an adult use as defined and described in Chapter 16.304, Adult Use Regulations.

A. Locational Limitations. Massage establishments shall not be within five hundred feet from other massage establishments or less than one thousand feet from a school or park.

B. Hours of operation. Hours of operation are limited to 7:00 a.m. to 9:00 p.m., seven days a week unless otherwise specified.

C. Transparency required. Every massage establishment shall have windows facing the public right-of-way that are transparent to allow a clear view into the establishment and shall not be obscured with blinds, shades, drapes, or blocked by furniture.

D. Display of Massage Therapy Office Zoning Approval. Every massage establishment or business shall maintain on its premises evidence for review by local authorities that demonstrates that all persons providing massage services have obtained zoning approval and hold a valid license under Vallejo Municipal Code Section 5.04.

For the purpose of enforcing the requirements of this chapter, all owners and operators of any non-exempt massage business or establishment shall be responsible for the conduct of all of their employees, agents, independent contractors or other representatives, while on the premises of the business or establishment or providing massage therapy. The operator shall maintain a register of all persons employed as massage practitioners and their permit number. The register shall be available for inspection at all times during regular business hours.

The city may revoke, restrict, or suspend zoning approval for any violation of this chapter or of the Vallejo Municipal Code Section 5.04.205, Massage and related, massage establishments, as provided for in Chapter 16.615, Enforcement and Abatement.