Vernon Municipal Code Ch. 5.44 Massage Establishments

It is the purpose and intent of this chapter to provide for the orderly regulation of massage businesses within the City, in the interest of the public health, safety and welfare. The City wishes both to recognize the practice of massage as a valid professional field and to discourage prostitution and other unlawful activity which otherwise may become associated with massage businesses.

This chapter relies upon the State certification process of the CAMTC under the Massage Therapy Act (California Business and Professions Code Sections 4600 through 4620). In addition, this chapter provides certain minimum standards for the operation of massage businesses, their managing employees, and massage therapists.

This chapter is adopted under the authority of Government Code Sections 51030 through 51034, Government Code Section 37101, Business and Professions Code Section 1600, and California Constitution Article XI, Section 7.

(Prior code § 5.107.00)

For the purposes of this chapter, the following definitions apply:

"California Massage Therapy Council" or "CAMTC"

means the California Massage Therapy Council established under Business and Professions Code Section 4500.5(a).

"Certified massage therapist" or "therapist"

means a person who is currently certified as a massage therapist by the CAMTC, and who administers massage for compensation. A certified massage therapist who is an independent contractor is one who works at a massage establishment or has an outcall massage service, is not a salaried employee, and does not share a percentage of therapy proceeds with the establishment. (Included within this definition through December 31, 2016 is a "certified massage practitioner," a person who is currently certified as a massage practitioner by the CAMTC.)

"Chief"

means the City's Chief of Police or designee.

"Director"

means the Director of Health and Environmental Control or the Director of Public Works or each Director's respective designee. The Director's designees may include the City's Code Enforcement officers.

"Massage"

means the application of various techniques to the muscular structure and soft tissues of the human body for remedial, hygienic, relaxation or any other reason or purpose. Massage techniques may include, but are not limited to, stroking, kneading, tapping, compression, vibration, rocking, friction, pressure and similar techniques, with the hands or with the aid of any apparatus or appliance, with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powders, creams, ointment or other similar preparations commonly used in the practice. Examples of massage include deep tissue massage, Swedish massage, Thai massage, sports massage, shiatsu, polarity therapy, rolfing, reikiing, hellerwork and reflexology.

"Massage business" or "business"

means a massage establishment or outcall massage service.

"Massage establishment" or "establishment"

means a fixed location where (only) State-certified therapists practice massage for compensation.

"Outcall massage service" or "service"

means a business that provides massage by certified massage therapists at a location that is mutually agreed upon by the client and the therapist and that is not a massage establishment.

"Operator"

means all persons who have an ownership interest in the massage business and are responsible for its day-to-day operations.

"Owner"

means any of the following persons:

The sole proprietor of a sole proprietorship operating a massage business.

Any general partner of a general or limited partnership that owns a massage business.

Any person who has a 10% or greater ownership interest in a corporation that owns a massage business.

Any person who is a member of a limited liability company that owns a massage business.

All owners of any other type of business association that owns a massage business.

"Person"

means any individual, or corporation, partnership, association or other group or combination of same acting as an entity.

"Specified anatomical areas"

means pubic region, human genitals, perineum, anal region and the area of the female breast that includes the areola and nipple.

(Prior code § 5.107.01)

A. This chapter shall not apply to the following classes of persons while engaged in the performance of the duties of their respective professions:

1. Physicians, surgeons, chiropractors, osteopaths, podiatrists, physical therapists, nurses, or any other person licensed to practice any healing art under the provisions of Division 2 (commencing with Section 500) of the Business and Professions Code when engaging in such practice within the scope of his or her license;

2. Trainers of any amateur, semi-professional, or professional athlete or athletic team, so long as such persons do not practice massage therapy as their primary occupation at any location where they provide such services in the City;

3. Barbers, hair stylists, manicurists, estheticians and cosmetologists who are duly licensed under the laws of the State of California, while engaging in practices within the scope of their license;

4. Individuals in the City temporarily for educational events or disaster relief;

5. Individuals administering massages or health treatments involving massage to persons participating in road races, track meets, triathlons, educational events, conferences or similar single-occurrence athletic, recreational, or educational events so long as approved by the event sponsors and provided only at the site of the event;

6. Somatic practitioners who use no physical touch of any kind at any time in their practice; and

7. Enrolled students of a school of massage when they are performing massage within the City as part of a formal supervised internship or training program operated by the school, without compensation other than school credit.

B. The following shall not be considered massage establishments under this chapter:

1. Hospitals, nursing homes, sanitariums, physiotherapy establishments, offices of licensed medical professionals, other State-licensed physical or mental health facilities;

2. Barber shops, hair salons, nail salons, and similar beauty/grooming establishments, when the giving of massage is an incidental function of the business and constitutes 10% or less of the business' gross revenue;

3. Personal fitness training centers, gymnasiums, athletic facilities or health clubs, when the giving of massage is an incidental function of the business and constitutes 10% or less of the business' gross revenue.

(Prior code § 5.107.02)

A. Massage Business. No person may own or operate a massage business in the City unless:

1. Each employee or independent contractor administering massage for such business is a certified massage therapist;

2. The owner or operator has obtained a health permit pursuant to Chapter 8.32 of the Vernon City Code;

3. The owner or operator has obtained a business license pursuant to Chapter 5.04 of the Vernon City Code; and

4. The owner or operator has obtained a business permit from the City and has a current registration on file at the Police Department, pursuant to Sections 5.44.050 (Permit application) and 5.44.060 (Permit issuance and registration—Denial, suspension, revocation).

B. Massage Therapist. No person may practice massage in the City who is not a certified massage therapist. A certified massage therapist seeking to work in the City must either be:

1. An employee or independent contractor at a City-permitted and registered massage establishment; or

2. An employee or independent contractor of a registered outcall message service.

(Prior code § 5.107.03)

A. Any person desiring a massage business permit (including a renewal of an existing permit) shall file a written application on the required form with the Police Department, accompanied by the appropriate filing fee established by resolution of the City Council.

B. The application shall be completed and signed by the owner or operator of the proposed massage business. The permit application does not authorize operation of a massage business unless and until such permit has been properly granted pursuant to this chapter.

C. The application shall contain or be accompanies by the following information (as applicable):

1. Name under which the massage business is to be conducted;

2. Street address, mailing address, website domain name, e-mail address and telephone number of the massage business;

3. Hours of operation of the massage business;

4. Name, home address, e-mail address and telephone number of each owner and operator. (If the applicant is a corporation, the name of the corporation shall be set forth as shown in its chapters of incorporation or charter, together with the name, home address, and telephone number of each of the officers and directors of the corporation. If the applicant is a partnership, the name, home address, and telephone number of each of the partners. If the applicant is a limited partnership or limited liability company, it shall furnish a copy of its certificate of limited partnership or limited liability company as filed with the Secretary of State.);

5. Acceptable proof that the operator is at least 18 years of age;

6. Gender, height, weight, and color of hair and eyes of operator;

7. Two-inch by two-inch (i.e., passport-size) front-facing portrait photographs of operator;

8. Complete set of operator's fingerprints taken by the Police Department;

9. Name, home address of each employee or independent contractor who will offer massage at (or through) the business;

10. Copy of State certification issued by CAMTC of each therapist proposed to perform or administer massage for the business;

11. For massage establishments, full size site plan drawn to scale showing the building, parking and access, as well as floor plan showing the square footage of the building area or tenant space. The areas of the floor plan shall be drawn to scale and properly labeled with the accurate square footage (example: reception area, massage treatment rooms, bathroom, utility room, etc.). An operator of a massage establishment shall also comply with the City's building permit and zoning requirements as provided in Titles 15 and 17, respectively, of the Vernon City Code ("VCC"), as no massage establishment permit will be issued unless and until such requirements are satisfied and any needed building permits have been issued and final approval obtained;

12. For massage establishments, the name and address of the owner and lessor of the real property upon or in which the massage business is to be conducted. Where the applicant is not the legal owner of the property, the application must be accompanied by a fully executed copy of the lease and a notarized acknowledgement by the owner of the property that a massage establishment will be located on his or her property;

13. Complete massage permit history of the operator, whether such person has ever had any permit or license issued by any agency, board, city, county, territory or state; the date of issuance of such a permit or license, whether the permit or license was denied, revoked or suspended; and the reason therefor;

14. All criminal convictions, including pleas of nolo contendere, within the last 10 years, including those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and reason therefor;

15. Such other identification and information as the Chief of Police may require in order to discover the truth of the matters herein specified and as required to be set forth in the application;

16. A statement in writing and dated by the applicant that he or she certifies under penalty of perjury that all information contained in the application is true and correct; and

17. Statements in writing and dated by the operator(s) certifying under penalty of perjury that they:

a. Have received a copy of this chapter;

b. Understand its contents; and

c. Understand the duties of an operator, as provided in this chapter.

D. The business shall notify the Police Department in writing within 15 days of any change in the information provided.

(Prior code § 5.107.04)

A. Upon receipt of a written application for a massage business permit, the Chief and the Director shall conduct an investigation to ascertain whether such permit should be issued. The Chief, after consultation with the Director, shall approve, conditionally approve or deny the application within 60 days of submission of the application. The 60-day period may be extended by the Chief for up to 30 additional day, if necessary, to complete the investigation. The Chief shall issue such permit, unless he or she makes any of the following findings:

1. The operator, if an individual, or any of the officers or directors of the corporation, if the operator is a corporation; or a partner, if the operator is a partnership, or any person directly engaged or employed in the massage business, has within eight years preceding the date of the application:

a. Been convicted of a violation of California Penal Code Section 266b, 266i, 314, 315, 316, 318, 647(a) or (b) or any equivalent Federal law or law of another State or any other provision of law pursuant to which a person is required to register under the provisions of Penal Code Section 290 or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of any of the aforementioned laws or any lesser included or lesser related offense in satisfaction of, or as a substitute of, any of the previously listed crimes,

b. Been convicted of a violation of Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code Section 11054, 11055, 11056, 11057 or 11058,

c. Had a license or permit to operate a massage business or provide massage services denied, suspended or revoked for cause by a licensing authority, including the CAMTC, or by any City, County or State;

2. The applicant has make a knowingly false, misleading or fraudulent statement or omission of fact to the City in the permit application process;

3. The application does not contain all of the information required by Section 5.44.050 (Permit application);

4. The massage business, as proposed by the applicant, does not comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards;

5. The applicant has not satisfied the requirements of this chapter in the time specified;

6. The operator does not possess a valid business license issued pursuant to this Code.

B. If the application is denied, the City will issue a Notice of Denial, which shall state: (1) the reasons for such denial; (2) the effective date of the decision; (3) the procedures (adopting VCC Section 1.08.040) to request a hearing and appeal the decision; and (4) that the decision will be final if no appeal is filed within the time permitted.

C. If the application is denied for failure to comply with subsection (A)(2) above, the operator may not reapply for a period of six months from the date the application was denied.

D. If the application is granted and permit is issued, the massage business will automatically be registered with the Police Department, and the Police Department shall issue the business a City registration certificate, valid for one year. Massage businesses must renew their registration with the Police Department annually. There shall be no separate charge for this registration and renewal.

E. The registration is not transferable to another owner, operator, manager, service, or therapist; any such change requires re-registration.

F. The Chief may revoke a permit if he or she makes any of the findings for denial of a permit in subsection A, if the operator or any person employed by the business has violated any provision of this chapter, or upon a demonstrated inability to operate or manage the massage business in a law abiding manner. In such an event, the City will first issue a notice of intent to revoke permit, which will contain substantially the same information as set forth in subsection B.

G. The Chief may suspend a permit for a period of 30 days for each violation of subsection A. In such an event, the City will first issue a notice of intent to suspend permit, which will contain substantially the same information as set forth in subsection B.

(Prior code § 5.107.05)

A. The duration of any massage business permit issued shall be one year.

B. Applications to renew a permit shall be filed with the Chief before the expiration of the existing permit along with the filing fee established by the City Council. Renewal applications must be filed no later than 60 days prior to the expiration of the permit to prevent a lapse of the permit.

C. Renewal applications shall require such information as may be required by the Chief to update the information contained in the original permit application.

D. The lapsing or suspension of any permits issued hereunder, whether by operation of law or by order or decision, or the voluntary surrender of a permit by an operator, shall not deprive the City of the ability to proceed with any investigation of or action or disciplinary proceeding against such permit or operator, or to render a decision suspending or revoking such a permit.

E. The Chief may, in his or her sole discretion, conduct a follow-up investigation similar to the initial investigation described in Section 5.44.060(A) as a condition precedent to approving an application for permit renewal. The Chief will notify the applicant of the initiation of such an investigation within 10 business days of applicant's submission of its renewal application.

F. The Chief may refuse to renew a permit if he or she makes any of the findings for denial of a permit in Section 5.44.060(A), if the operator or any person employed by the business has violated any provision of this chapter, or upon a demonstrated inability to operate or manage the massage business in a law abiding manner. In such an event, the City will first issue a notice of intent to refuse to renew permit, which will contain substantially the same information as set forth in Section 5.44.060(B).

(Prior code § 5.107.06)

A. The operator of a massage establishment shall post in a conspicuous place within the massage establishment a copy of the Police Department-issued registration certificate and the CAMTC State certification of each massage therapist working at or through the establishment. Therapists performing outcall massage services shall carry with them to any location where massage is performed a copy of their Police Department-issued registration certificate and CAMTC State certification and present it to the client or the City upon request.

B. All massage businesses shall maintain a daily register of each client's name, the assigned room (or location of outcall massage service), the massage therapist who treated the client, a description of service(s) performed and the time of the appointment. The daily register shall be completed by the close of business every day and shall be retained for at least one year.

C. The register shall be considered confidential, not for public review, and may be inspected by the City only as part of a criminal investigation or to ensure and enforce compliance with this chapter and any other applicable State or Federal laws, subject to the administrative enforcement procedures set forth in Chapter 1.08 of this Code. Failure to make records available for City inspection, after precompliance review is determined in favor of the City, shall be a misdemeanor punishable pursuant to Section 1.08.010(A) of this Code.

(Prior code § 5.107.07)

The operator of a massage establishment shall maintain and operate the establishment in a safe and sanitary manner, and shall comply with all applicable land use, building, fire, safety, health, electrical, plumbing, mechanical, heating and ventilating, sanitation, and other laws applicable to the premises. In addition, the massage establishment shall meet the following requirements:

A. A recognizable and legible sign, in compliance with all City and County ordinances, shall be posted at the main entrance identifying the premises as a massage establishment.

B. A light level of no less than five-foot candles at any point within the room shall be maintained in each room or enclosure where massage services are performed on patrons.

C. A separate room or dressing locker facilities for each client. Dressing and undressing may occur in the same room as massage therapy is the client is alone in the room with the door(s) closed and opaque coverings are present on any windows while undressing or dressing. The massage therapist or other clients may not be present in the same room when the client is undressing.

D. Any dressing, locker and toilet facilities that are provided shall meet these requirements:

1. In steam rooms and rooms containing tubs or showers, a waterproof floor covering shall be provided which extends up the walls at least six inches and shall be coved at the floor-wall juncture with at least a three-eighths-inch radius. Toilet rooms shall be of similar construction.

2. Walls of toilet and bathing facilities shall be smooth, waterproof and kept in good repair.

E. Cabinets shall be provided for the storage of clean linen. Approved containers shall be provided for the storage of all soiled linen.

F. Minimum ventilation shall be provided in accordance with Chapter 15.08 of the Vernon City Code. To allow for adequate ventilation in cubicles, rooms and areas provided for patron's use, which are not served directly by required window or mechanical systems of ventilation, partitions shall be constructed so that the height of partitions does not exceed 75% of the floor-to-ceiling height of the area in which they are located.

G. All plumbing and electrical installations shall be installed under permit and inspected by the Department of Public Works and such installations shall be installed in accordance with the Uniform Building Code and the Uniform Plumbing Code.

H. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilet rooms, shall be thoroughly cleaned and disinfected each day the business is in operation. Bathtubs shall be thoroughly cleaned and disinfected after each use.

I. Towels, linens, and sheets of all types and items for personal use of operators and patrons shall be clean and freshly laundered. Towels, linens, and sheets shall be washed after each and every use. Reuse of such linen is prohibited unless the same has been first laundered. Common use of towels or linens is prohibited. Heavy white paper may be substituted for sheets provided that such paper is used once for each person and then discarded into a sanitary receptacle.

J. All lavatories or wash basins shall be provided with hot and cold running water, liquid (not bar) soap and single-service disposable towels in wall-mounted dispensers.

K. Disinfecting agents and sterilizing equipment shall be provided for any instruments used in performing acts of massage.

L. Pads used on massage tables shall be covered in a workmanlike manner with durable washable plastic or other acceptable waterproof material.

M. No exterior entrance to the massage establishment which is regularly used by the public for ingress or egress to such establishment shall be locked during business hours, unless all clients and staff are behind closed doors and no staff are available to assure security for those clients and staff.

N. 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. No owner or operator of the massage establishment, shall permit, and no massage therapist shall offer to perform any services other than those posted.

O. With the exception of bathrooms, showers and dressing rooms, no owner or operator of any massage establishment shall permit any person in any area within the massage establishment which is used by the patrons or which can be viewed by patrons from such an area, unless the person's specified anatomical areas are fully covered.

P. No massage establishment or part thereof where massage or massage services are being conducted shall be equipped with any electronic, mechanical or artificial device used, or capable of being used, for recording or videotaping, for monitoring the activities, conversation, or other sounds in the treatment room or room used by customers.

Q. A person shall not enter, be or remain in any part of a massage establishment or premises licensed as such while in the possession of, consuming or under the influence of any alcoholic beverage or controlled substance. No owner or operator shall permit any such person to enter or remain upon the premises of a massage establishment.

R. No massage or massage services may be administered unless the customer's specified anatomical areas are clothed. If the customer is female, the breasts need not be clothed but must be covered by a towel when the customer is lying on her back.

S. No owner or operator of a massage establishment shall during the course of any service or task associated with the operation of a massage business permit any person to massage or intentionally touch the specified anatomical areas of another person either under or over the clothing or towel.

T. No owner or operator of a massage establishment shall permit any massage therapist to be on the premises of a massage establishment during its hours of operation while performing or available to perform any task or service associated with the operation of a massage business, unless the massage therapist is fully covered from a point no more than five inches above the knees to the base of the neck, excluding the arms. The covering, which includes trousers, pants or shorts, will be of a non-transparent material and will be maintained in a clean and sanitary condition.

U. No owner or operator of a massage establishment shall permit any animals or pets on the premises, except for service animals as defined by the Americans with Disabilities Act.

V. A current list of the individuals providing massage services in the massage establishment, and evidence of the organization-issued certificates or transitional massage technician licenses held by those individuals shall be maintained at the massage establishment at all times and shall be made immediately available to the Chief for inspection upon request.

W. For a massage establishment in which the therapist is an employee, all massage services shall be paid for in the reception area, and all tips, if any, shall be paid in the reception area. For a massage establishment at which a therapist is an independent contractor or for outcall massage services, all massage services and all tips, if any, may be paid in the same room where the massage occurred. A massage establishment located in a home is exempt from this subsection.

(Prior code § 5.107.08)

A. The Chief may inspect the premises of a massage establishment at the time of registration, and may make periodic, reasonable inspections of the establishment during normal business hours to assure compliance with CAMTC requirements, this chapter (including recordkeeping as required by Section 5.44.080) and applicable fire, health and safety requirements. If any violations are found, the Chief may determine that a permit should be suspended, revoked or not renewed, in which case, the Chief shall provide notice pursuant to Section 5.44.060(F) or (G) or 5.44.070(F), as appropriate.

B. In addition to the administrative enforcement procedures and remedies available to the Chief under Section 1.08.010 of the Vernon City Code ("VCC"), prior to providing notice as described in subsection A, the Chief may give the business 10 days to correct the violation(s), or, if the violation(s) presents an immediate danger to public health or safety, close the establishment until the violation(s) is corrected.

C. Any person aggrieved by a decision of the Chief with reference to the denial, suspension, revocation or refusal to renew a permit may appeal pursuant to Section 1.08.040.

(Prior code § 5.107.09)

No massage establishment and no massage therapist may provide massage service between the hours of 10:00 p.m. and 7:00 a.m. Clients and visitors shall be excluded from a massage establishment during those hours.

(Prior code § 5.107.10)

The Chief shall designate a person in the Police Department or Code Enforcement Division to coordinate with CAMTC, including maintaining a list of certified therapists practicing in the City, maintaining a list of massage businesses operating in the City, receiving notices and information from CAMTC, and notifying CAMTC of any arrest or conviction of Penal Code Section 647 or other act punishable as a sexually related crime.

(Prior code § 5.107.11)

Any place where lewdness, assignation or prostitution occurs is a public nuisance which may be abated and permanently enjoined, and for which the City may recover damages from the property owner, as well as from the person conducting or maintaining the nuisance (Penal Code Sections 11225 and 11226).

(Prior code § 5.107.12)