Article 5 — Massage Businesses and Massage Technicians

(Added by Ord. 3313—6/28/77)

2491 - License required 2491-1 - Massage business license.

No person shall engage in, conduct or carry on or permit to be engaged in, conducted or carried on, in or upon any premises, or mobile unit, the operation of a massage business without first obtaining a license therefor for each business location. The requirements of this Section are in addition to the requirements for a Permit to Operate set forth in Section 4606.

(Am. Ord. 4158—1/6/98)

2491-2 - Massage technician license.

No person shall engage in the business of acting as a massage technician until such person holds a valid massage technician license duly issued by the Sheriff.

2491-3 - Inspection.

The business and licenses, referred to in Section 2491-1 and 2491-2 shall be available for inspection, at all times during business hours, to any peace officer or law enforcement officer within the County.

2492 - Definitions. 2492-1 - Massage.

"Massage" means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliance, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparation commonly used in this practice.

2492-2 - Massage business.

"Massage Business" is the activity of, or the providing facilities for, massage for any form of consideration or gratuity whatsoever.

2492-3 - Massage technician.

"Massage Technician" means any person who, for any form of consideration or gratuity whatsoever, gives or administers to another person a massage. "Massage Technician" does not include, while engaged in the performance of his profession, a: physician, surgeon, chiropractor, osteopath, physical therapist, nurse, barber or beautician, each of which is duly licensed under the laws of the State of California; or a team or individual athletic trainer.

2493 - Applications.

For a massage business license or massage technician license, each applicant shall make a written application to the Sheriff therefor, stating the following information:

(a)

Each residence and business address of the applicant for the three years immediately preceding the date of the application, and inclusion dates of each such address.

(b)

Written proof that the applicant is at least 18 years of age.

(c)

Applicant's height, weight, color of eyes and hair.

(d)

Three (3) photographs of applicant, of the size specified by the Sheriff, taken within six months immediately preceding the date of the application.

(e)

Applicant's business, occupation, and employment history for the three (3) years immediately preceding the date of application.

(f)

The permit history of the applicant, whether such person has ever had any license or permit issued by any agency, board, city, county or state revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reason thereof.

(g)

Such other identification and information as may be required by the Sheriff.

Additional requirements for massage business license applications:

(h)

If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, or charter, together with the State of incorporation and date of incorporation and names and residence addresses of each of its current officers and directors, and each stockholder holding more than five percent (5%) of the stock of the corporation. If the applicant is a partnership, the application shall set forth the names and residence addresses of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporate applicants shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such person shall complete and sign all application forms required of an individual applicant under this Article, but only one applicant fee shall be charged. A change of application shall be filed to change the responsible managing officer, but no additional inspection shall be necessary. The corporation's or partnership's responsible managing officers must at all times meet all of the requirements set for licensees of this section or the corporation or partnership license shall be suspended until a responsible managing officer who does meet all such requirements is designated. If no such person is named within ninety (90) days, the corporation or partnership license is deemed canceled and a new initial application for license must be filed.

(i)

The names and addresses of the owners, and, if applicable, the lessors of the real property upon or in which the business is to be conducted, and a copy of the lease or rental agreement.

(j)

Upon the filing of the application for a massage business license with the Sheriff, the Sheriff shall notify the applicant of the requirements of Section 4606. No massage business license shall be issued for any business location unless the licensee also has a valid Permit to Operate the massage business at that location issued pursuant to Section 4606. If the applicant for the massage business license fails to provide proof to the Sheriff, within 90 days of the date of the filing of the application, that the applicant has a valid Permit to Operate the massage business at the business location to be licensed, the application for the license shall be deemed withdrawn and a new application must be filed.

(Am. Ord. 4158—1/6/98)

Additional requirements for a massage technician license application:

(k)

A certificate from a medical doctor, licensed to practice in the State of California, issued within thirty (30) days, which certifies that applicant has been examined and had no communicable disease on the date of such examination.

(l)

Such other identification and information as may be required by the Sheriff.

(m)

Each applicant must furnish a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage technicians is taught. The term "recognized school" shall mean and include any school or institution of learning which has for its purpose the teaching of the theory, method, profession, or work of massage technicians, which school requires a resident course of study of not less than two hundred hours to be given in not less than three calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning showing the successful completion of such course of study or learning. The Environmental Health Division shall have a right to confirm the fact that the applicant has actually attended classes in a recognized school for aforementioned minimum time periods. A school offering correspondence courses not requiring actual attendance of class shall not be deemed a "recognized school."

In lieu of a diploma or certificate of graduation, applicant may submit evidence of not less than five years practical experience as a massage technician certified by the California Massage Technicians Association or by the American Massage Therapy Association or not less than five years experience as a massage technician in a massage establishment certified by eight of the aforementioned associations.

2494 - Grounds for denial, refusal to renew, suspension or revocation.

The Sheriff may deny, refuse to renew, suspend or revoke any license covered by this ordinance where the person involved has:

(a)

Violated any provision of this ordinance or any rule or regulation adopted pursuant to this ordinance.

(b)

Made any false representation or statement in order to induce or prevent action by the Sheriff.

(c)

Been found to be incompetent or physically unable to carry on the management of a massage business or to engage in the practice of a massage technician.

(d)

Been convicted of a crime involving moral turpitude.

2495 - Transferability.

Licenses issued under this Article are non-transferable.

2496 - Operating requirements for a massage business.

No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, any massage business unless each and all of the following requirements are met.

(a)

Such person shall have a valid massage business license issued by the Tax Collector. Each person employed or acting as a massage technician shall have a valid license issued by the Tax Collector. It shall be unlawful for any owner, operator, responsible managing employee, manager or licensee in charge of, or in control of, a massage business to employ or permit a person to act as a massage technician, as defined in this section, who is not in possession of a valid unrevoked massage technician license issued pursuant to this Article.

(b)

The possession of a valid massage business license does not authorize the possessor to perform work for which a massage technician license is required.

(c)

Massage operations shall be carried on, and the premises shall be open, only between the hours of 7:00 a.m. and 12:00 midnight except where the premises are within one hundred (100) yards of an inhabited dwelling, the closing time will be 10:00 p.m.

(d)

A list of services available, and the cost of such services shall be posted in an open and conspicuous place on the premises. The services shall be described in readily understandable language.

(e)

The massage business license, and a copy of the license of each and every massage technician employed in the establishment, shall be displayed in an open and conspicuous place on the premises.

(f)

Every licensee operating a massage business shall keep a record of the date and hour of each treatment, the name and address of the patron, the name of employee administering such a treatment, and the type of treatment administered. Such records shall be open to inspection only by Environmental Health Division investigators. The information furnished or secured as a result of any such record shall be confidential. Any unauthorized disclosure or use of such information shall constitute a misdemeanor. Such records shall be maintained for a period of one (1) year.

(g)

The Environmental Health Division shall, from time to time, and at least once every year, make an inspection of each massage business for the purpose of determining that the health provisions of the law are met.

(h)

A minimum of one (1) tub or shower, and one (1) toilet and wash basin shall be provided for the patrons in every massage business location; however, if male and female patrons are to be served simultaneously at said establishment, separate toilet facilities shall be provided for male and female patrons. In those establishments where steam rooms or sauna baths are provided, if male and female patrons are to be served simultaneously, separate steam rooms and sauna rooms shall be provided for male and female patrons. Hot and cold running water under pressure shall be provided to all wash basins, bathtubs, showers, and similar equipment. Each wash basin shall be provided with soap or detergent and sanitary towels placed in permanently installed dispensers. A trash receptacle shall be provided in each toilet room.

In addition to the wash basin provided for patrons, a minimum of one (1) separate wash basin shall be provided in each massage establishment, which basin shall provide soap or detergent and hot and cold running water at all times, and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, there shall be provided at each wash basin sanitary towels placed in permanently installed dispensers. If the wash basins for the patrons are not in the toilet room but adjacent thereto, these wash basins shall meet the separate wash basin requirement if they are reasonably close to the area devoted to the performing of massage.

(i)

Minimum ventilation shall be provided in accordance with the Building Code of the County of Ventura. A light level of not less than ten (10) foot candles shall be maintained in public rooms, walkways, and at any point within each room or enclosure where massage services are performed, at all times such services are being provided.

(j)

All walls, ceilings, floors, pools, showers, bathtubs, wet and dry heat room, steam or vapor rooms, tables, and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms or cabinets, showers, compartments and toilet rooms shall be thoroughly cleaned at least once each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use.

(k)

Clean and sanitary towels, sheets and linens shall be provided for each patron of the establishment or each patron receiving massage services. No common use of towels or linens shall be permitted. Towels, sheets and linens shall be provided in sufficient quantity and shall not be used by more than one (1) person unless they have been first relaundered. Heavy white paper may be substituted for sheets provided that such paper is used one (1) for each person then discarded into a sanitary receptacle. Separate closed cabinets or containers shall be provided for the storage of clean and soiled linen and shall be plainly marked: "Clean Linen," "Soiled Linen."

(l)

Disinfecting agents and sterilizing equipment approved by the Environmental Health Division shall be provided for any instruments used in performing any massage.

(m)

Pads used on massage tables shall be covered in a workmanlike manner with durable, washable plastic or other waterproof material acceptable to the Environmental Health Division.

(n)

All exterior doors shall be unlocked from the interior side during business hours.

(o)

A separate locker shall be provided for each patron to be served, which locker shall be capable of being locked and available at no extra charge.

2497 - Fees.

At the time of filing the application with the Sheriff, a copy of the application shall be forwarded to the Tax Collector, who shall collect a non-refundable fee as set forth below:

(a)

Massage business license—$150 annually.

(b)

Massage technician license—$25 annually.

(Am. Ord. 4158—1/6/98)

2498 - Operative date.

All persons who fall within the provisions of Section 2491 of this Article, at the time this Article becomes effective, shall obtain the necessary licenses within 180 days thereafter.

2499 - Constitutionality.

If any section, subsection, sentence, clause or phrase of this Article is for any reason held to be invalid, such fact shall not affect the validity of the remaining portions of this Article. The Board of Supervisors hereby declares that it would have adopted the Article and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases are declared invalid.