West Sacramento Municipal Code Ch. 5.12 Massage Businesses

A. In enacting this chapter, the City Council recognizes that commercial Massage Therapy is a professional pursuit which can offer the public valuable health and therapeutic benefits. The City Council further recognizes that, unless properly regulated, the provision of massage services and the operation of massage businesses may be associated with unlawful activity and pose a threat to the public health, safety, and general welfare as well as quality of life in the local community. Accordingly, it is the purpose and intent of this chapter to protect the public health, safety, and welfare by providing for the orderly regulation of businesses providing massage services while prohibiting prostitution, human trafficking, money laundering, and other illegal activities carried on under the guise of massage therapy, and establishing certain sanitation, health, and operational standards for massage businesses.

B. Furthermore, it is the purpose and intent of this chapter to reduce or prevent neighborhood blight and to protect and preserve the quality of city neighborhoods and commercial districts; and to enhance enforcement of criminal statutes relating to the conduct of owners, operators and employees of massage businesses.

C. It is the City Council's further purpose and intent to rely upon the uniform statewide regulations applicable to massage therapists, massage practitioners, and massage establishments that were enacted by state law and to restrict the commercial practice of massage in the city to those persons duly Certified to practice by the California Massage Therapy Council, and to provide for the registration and regulation of massage businesses for health and safety purposes to the extent allowed by law.

D. In enacting this Ordinance, the City Council expressly intends to make it unlawful for those who perform Massage for compensation to operate within the City of West Sacramento unless they are Certified pursuant to the Massage Therapy Act or are otherwise exempt under state law and this Ordinance, and to ensure that businesses that offer Massage Services only employ Certified Massage Practitioners.

(Ord. 26-3, 4/15/2026)

For the purposes of this chapter, unless the particular provision or the context otherwise clearly requires, the definitions in this section shall govern the construction, meaning, and application of words and phrases used in this chapter:

"Applicant"

means any person that seeks a massage business permit as required by this chapter.

"Business"

means the same as defined in Section 5.04.050 of this Code, as may be amended from time to time.

"California Massage Therapy Council" or "CAMTC"

means the entity established by law pursuant to Business and Professions Code Section 4602 and tasked with being the oversight body to certify massage professionals and ensure full compliance with the Massage Therapy Act.

"Certificate"

means the certificate issued by the CAMTC to massage therapists pursuant to Business and Professions Code Section 4601(h), and to massage practitioners pursuant to Business and Professions Code Section 4601(g), 4604.1(a), or 4604.2(c).

"Certified Massage Practitioner" or "Certified Practitioner"

means an individual certified by CAMTC to practice massage therapy with a current and valid certification from CAMTC. For purposes of this chapter, the terms "Certified Massage Practitioner" and "Certified Practitioner" are synonymous and means both certified massage therapists as defined in Business and Professions Code Section 4601(h), and certified massage practitioners as defined in Business and Professions Code Section 4601(g), 4604.1(a), or 4604.2(c).

"Client"

means the customer or patron who provides compensation for or receives massage services.

"Community Development Director" or "Director"

means the City of West Sacramento Community Development Director or designee.

"Compensation"

means the payment, loan, advance, donation, contribution, deposit, or gift of money or anything of value. Compensation expressly includes the payment, loan, advance, donation, contribution, deposit, or gift of money or anything of value for a product, membership, subscription, or other form of access to a product, service, or facility where massage is provided, but direct payment for a massage is not required.

"Conviction" or "Convicted"

means and includes a conviction following a plea or verdict of guilty, or plea of nolo contendere (no contest).

"Independent Contractor"

means a person who contracts to do work for another person according to his or her own processes and methods; the contractor is not subject to another's control except for what is specified in a mutually binding agreement for a specific job.

"Massage"

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

"Massage Business Permit" or "Permit"

means a permit issued by the Community Development Director in accordance with this chapter.

"Massage Business"

means any business where massage services are available. "Massage Business" expressly includes, but is not limited to, a Sole Practitioner.

"Massage Services"

means the provision of Massage for any form of Compensation.

"Massage Therapy"

means the provision of Massage Services by a Certified Massage Practitioner.

"Operator" or "Massage Business Operator"

means any and all persons involved in the ownership or management of a Massage Business, whether actively or passively involved in the management and operations of the business.

"Ordinance"

means Ordinance 26-3 which repealed and reenacted this chapter 5.12.

"Owner"

means any and all owners of a Massage Business including any of the following persons:

A Sole Practitioner as defined in this section;

Any general partner of a general or limited partnership that owns a Massage Business;

Any Person who has an 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;

A massage professional acting as an Independent Contractor as defined in this section;

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

"Person"

means any natural person, individual, group, firm, association, partnership, corporation, company, sole proprietorship, or any other legal entity.

"Sole Practitioner"

means a Massage Business where the owner owns one hundred percent (100%) of the business, is a Certified Massage Practitioner, is the only person who provides Massage Services for that business, and has one or no other employees or Independent Contractors.

(Ord. 26-3, 4/15/2026)

A. It is unlawful for any Person to own, conduct, operate or maintain a Massage Business within the City without having a valid Massage Business Permit issued pursuant to this chapter. Massage Business Permits shall also be required of any permanent or semi-permanent seated massage or reflexology installation where Massage Services are provided in whole or in part by a natural person.

B. It is unlawful for any person to own, conduct, operate or maintain a Massage Business within the City unless all Persons providing Massage Services at the Massage Business are Certified Massage Practitioners. A Massage Business Permit shall in no way be construed to allow any Person to perform Massage Services within the City without an active and valid Certificate from the CAMTC.

C. It is unlawful for any Person to provide Massage Services within the City unless that Person is a Certified Massage Practitioner.

D. It is unlawful for any Person to, in the course of administering any Massage Services, make physical contact with the genitals or anal region of any other Person regardless of whether the contact is over or under the Person's clothing. Providing Massage Services upon female breasts is prohibited without the written consent of the Person receiving the Massage.

E. All Businesses or Sole Practitioners conducting Massage in the City prior to the effective date of the Ordinance will have until 60 calendar days after the effective date of the Ordinance to submit a Massage Business Permit application pursuant to the requirements of Section 5.12.050.

F. It is unlawful for a Massage Business to operate without having a valid City business license in addition to a valid Massage Business Permit.

(Ord. 26-3, 4/15/2026)

The City recognizes that there are currently massage professionals not certified by the CAMTC providing massage services within the City, and Massage Businesses that employ those uncertified massage professionals. To further the City's goals of regulating massage, and to accommodate existing Business interests, the City hereby establishes a limited amortization period, as described below:

A. This amortization period only applies to Massage Businesses that, as of the effective date of the Ordinance, had an active and valid City-issued Business license demonstrating that the Business provides Massage Services as of the effective date of the Ordinance, and to massage professionals employed or retained by those Businesses.

B. Each such Massage Business will have eight (8) months from the effective date of the Ordinance to ensure that any Person providing Massage Services at that Business is a Certified Massage Practitioner.

C. Any Business or massage professional falling under the limited amortization period shall comply with all the other requirements of this chapter, except for the CAMTC certification requirements.

D. The Community Development Director may impose conditions upon a Massage Business Permit to implement this section.

E. This section shall become non-operative eight (8) months after the effective date of the Ordinance. Following the non-operative date, every Person providing Massage Services in the City must be a Certified Massage Practitioner.

(Ord. 26-3, 4/15/2026)

A. All applications for Massage Business Permits shall be filed with the Community Development Department and shall contain such information as the Community Development Director shall reasonably deem necessary for the proper processing of the application. The application for a Permit does not authorize the operation of a Massage Business unless and until such Permit has been issued.

B. An application for a Massage Business Permit shall be made by the Owner, as defined in Section 5.12.020. Such application shall designate the Person or Persons who will be the operator, if applicable, of the premises.

C. Application. The permit application for a Massage Business Permit shall include at least the following:

1. The full true name and any other names used by the Applicant. If the Applicant is:

a. An individual, the individual shall state his or her full legal name.

b. A partnership, the partnership shall state its complete name, address, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any. In addition, the application must designate the person who will provide all information required by this chapter.

c. A limited liability company, the limited liability company shall state its complete name, the date of its formation, evidence the limited liability company is in good standing under the laws of California, and the names and capacities of all members and/or managers. In addition, the application must designate the person who will provide all information required by this chapter.

d. A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacities of all officers and directors, and the name of the registered corporate agent and the address of the registered agent for service of process. In addition, the application must designate the person who will provide all information required by this chapter.

2. The true, full and precise name under which the Massage Business is to be conducted, as well as any and all names under which the Massage Business is to be advertised.

3. The address where the Massage Business is to be located and all telephone numbers for the Massage Business.

4. The name and address of the owner of the real property upon or in which the proposed Massage Business is to be conducted and, if applicable, the lessor. In the event the Applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease containing specific language from the owner of the property acknowledging that a Massage Business will be located on the property. If the lease does not contain such language, then the Applicant shall submit other documentation demonstrating the property owner's knowledge and approval of the operation of a Massage Business on the property.

5. The current residential address and telephone number of the Owner, as well as the operator (if the operator is a different person) who will be principally in charge of the operation of the Massage Business, and the previous residential addresses and business addresses within the previous five years, if any.

6. The Applicant's height, weight, eye color, and hair color.

7. Written proof to the satisfaction of the City that the Applicant is at least 18 years of age.

8. The Applicant's business, occupation or employment history for the five years immediately preceding the date of the application. If the Applicant is a Certified Massage Practitioner, this requirement shall not apply.

9. The massage or similar business license history of the Applicant, including whether such person, previously operating in this city or another city, county or state under a certificate, license or permit, has had such certificate, license or permit denied, revoked or suspended; and the reasons and dates for any such denial, revocation or suspension. If the Applicant is a Certified Massage Practitioner, this requirement shall not apply.

10. All criminal convictions, except minor traffic violations. If the Applicant is a Certified Massage Practitioner, this requirement shall not apply.

11. A complete and current list of the names and birthdates of all employees or independent contractors who are or will be employed or retained in the Massage Business, and information satisfactory to the Director demonstrating whether each Person providing Massage Services is a Certified Practitioner and will be providing services as an employee or Independent Contractor. All individuals providing Massage Services must be Certified Massage Practitioners.

12. A clear, color photocopy of a valid, government issued identification card for each Applicant.

13. A complete set of fingerprints (LiveScan) for each Applicant. If the Applicant is a Certified Massage Practitioner, this requirement shall not apply. The Applicant shall be responsible for payment of any associated fees to the City.

14. If the Owner will provide Massage Services, the Owner's original CAMTC Certificate and original CAMTC photo identification card.

15. Authorization for the City, its agents, and employees to seek verification of the information contained in the application.

16. Such other identification and information as the City may reasonably require in order to discover the truth of the matters herein specified and as required to be set forth in the application.

17. A current and valid policy of insurance issued by an insurance company authorized to do business in the state of California evidencing that the Applicant is insured under a liability insurance policy providing minimum coverage of $1,000,000 for injury or death to any one person arising out of the operation of any Massage Business and the administration of Massage Services.

18. Proof of current City of West Sacramento Business license or submittal of a Business license application for the Massage Business.

19. A statement in writing and dated by the Person providing the information, that he or she certifies under penalty of perjury, that all information contained in the application is true and correct.

D. Additional Information. In the event that the Community Development Director requires further information, or deems the application incomplete, the Applicant shall be notified in writing of the required information within 20 calendar days of submitting the application. Additional information shall be provided within 15 calendar days of the date of the request, after which time the application shall be deemed abandoned. Abandoned and incomplete applications shall be denied.

E. Amendment. Following submission of an application, but before issuance of a Permit, if an Applicant discovers a need to provide additional information, or the need to correct information previously provided in the submitted application, the Applicant shall reach out to the Community Development Director within three (3) calendar days of discovering the need, and provide and/or correct information on the submitted application.

F. Renewal. A Massage Business shall apply to the City to renew its Massage Business Permit at least ninety (90) calendar days, but no more than one hundred fifty (150) days, prior to the expiration of said Massage Business Permit. If an application for renewal of a Massage Business Permit and all required information is not timely received and the Massage Business Permit expires, no right or privilege to provide Massage shall exist. The same standards for review and approval of initial Permit issuance shall apply to renewal. The City shall establish fees for administration of renewals.

G. Fees. There shall be an administrative fee for the Massage Business Permit application or any amendment or renewal thereof. The City shall establish fees for implementation and enforcement of this chapter.

H. Transfer. A Massage Business Permit may not be transferred from one person to another person or from one location to another location without approval of an amendment as described in Section 5.12.090. Any attempt to transfer the permit without an approved amendment shall make it immediately null and void.

(Ord. 26-3, 4/15/2026)

A. Upon receipt of a completed Massage Business Permit application in a form and content suitable to the Community Development Director, the Director, in consultation with the Police Chief, shall conduct an investigation, including an inspection of the Massage Business, if applicable, to ascertain whether a Permit should be issued as requested. The Community Development Director shall approve, condition or deny the Permit. An application not approved within one hundred fifty (150) days shall be deemed denied.

B. A Permit issued pursuant to this chapter is valid for two years from the date of issuance unless otherwise conditioned by the Community Development Director. Until a Permit has been issued, no Massage Business may operate within the City.

C. The Community Development Director may deny a Permit provided for in this chapter if he or she finds any of the following:

1. The Applicant, any Owner, or any Person directly engaged, employed, or retained in the Massage Business, has:

a. Been convicted of a violation of any provision of law pursuant to which a person is required to register under the provisions of Penal Code Section 290, or conduct in violation of California Penal Code Sections 266h, 266i, 314, 315, 316, 318, subsection (b) or (d) of Penal Code Section 647, Penal Code Section 653.23, as may be amended or convicted of an attempt to commit or conspiracy to commit any of the above-mentioned offenses, or any other crime involving dishonesty, fraud, deceit, or moral turpitude or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal Code Section 415 or 602, as may be amended, or any lesser included or related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes, or any crime committed while engaged in the ownership of a Massage Business or the practice of Massage.

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, as may be amended.

c. Been convicted of any offense in any other state or U.S. territory, which is the equivalent of any of the abovementioned offenses.

d. Been subjected to a permanent injunction against the conduction or maintaining of a nuisance pursuant to California Penal Code Sections 11225 through 11235, as may be amended, or any similar provisions of law in a jurisdiction outside the state of California.

e. Committed an act in another jurisdiction which, if committed in this state, would have been a violation of law and which, if done by a permittee under this chapter, would be grounds for denial, suspension or revocation of the Permit.

f. Committed any act, which, if done by a permittee, would be grounds for suspension or revocation of a Permit.

g. Had a Massage Business Permit or massage therapist/practitioner permit or other similar license or permit denied, suspended or revoked for cause by the city, any state, local agency or other licensing authority, or has had to surrender a permit or license as a result of pending criminal charges or in lieu of said permit or license being suspended or revoked.

2. The Applicant has knowingly made any false, misleading, or fraudulent statement of material fact in the application or in any documentation required to be filed in conjunction with said application.

3. The application does not contain all the information required by Section 5.12.050 and Applicant fails to complete the application after having been notified of any additional information or documents required.

4. The Applicant is not at least 18 years of age.

5. The Massage Business, as proposed, does not comply with all applicable laws, including, but not limited to, health, zoning, fire, building, and safety requirements and standards imposed by the laws of the state and the ordinances of the city, including this chapter.

6. The Applicant failed to obtain all the necessary approvals from the necessary City departments or other governmental agencies, including, but not limited to, the City's Community Development Department.

7. The Applicant has refused to or cannot meet the requirements established by this chapter.

8. The required fee(s) have not been paid and/or any other requirements of this chapter have not been satisfied within the time specified.

9. The Massage Business is proposed in the same location in which a Massage Business has previously been closed due to criminal activity within three years prior to the date of the application.

10. If, in the Director's judgment, and supported by documentation and investigation, the proposed Massage Business is reasonably likely to be a threat to the public health, safety, or general welfare for any reason.

11. If the Massage Business is proposed in a location where, in the past two years, a previous Massage Business at that location received a notice of suspension, revocation, or fine issued pursuant to this chapter.

D. Notwithstanding subsection C, the Applicant shall not be denied a Permit solely on the basis that he or she has been convicted of a felony if he or she has obtained a certificate of rehabilitation under California Penal Code Section 4852.01, as may be amended, or on the basis that he or she has been convicted of a misdemeanor not specified in subsection C.1.a, b, or c of this section.

E. If the Community Development Director, upon completion of the application review and in consultation with the Police Chief's investigation, determines the Applicant does not fulfill the requirements set forth in this chapter, the Community Development Director shall provide written notification of the denial to the Applicant. The Applicant shall have the right to appeal to a hearing officer as set forth in Chapter 1.08.

F. Reapplication. No reapplication will be accepted within one (1) year after a City Massage Business Permit application is denied.

G. Upon issuance of any Permit, the Community Development Director may limit the Permit by any condition reasonably necessary to preserve the intent and purpose of this chapter. Such Permit limitations shall be in writing and provided to the permittee.

(Ord. 26-3, 4/15/2026)

A Massage Business operating in the City shall comply with the following operational requirements. These requirements expressly apply to Massage Businesses and Certified Massage Practitioners that operate from a fixed location as well as at remote, movable, on-call locations (e.g., travel to clients).

A. A Massage Business shall hold a current and valid Massage Business Permit.

B. All Massage Business employees, agents, Independent Contractors, or other staff offering or providing Massage Services shall display their original Certificate at the Massage Business where they provide Massage Services. A Certificate holder shall have their identification card in their possession while providing Massage Services.

C. A Massage Business or Certified Practitioner shall not offer Massage Services except between the hours of 7:00 a.m. and 9:00 p.m. A Massage Business may not be open later than 9:00 p.m. A Massage commenced prior to 9:00 p.m. must terminate at or before 9:00 p.m. All potential or actual Clients must leave the Massage Business at or before 9:00 p.m.

D. A list of Massage Services and cost of each shall be prominently posted in the reception area of a Massage Business. Massage Businesses and Certified Practitioners that travel to locations must provide such list in advance of providing any Massage Services. No Massage Service except those detailed on such list may be offered or provided by a Massage Business or Certified Practitioner.

E. A Massage Business and Certified Practitioner shall keep an accurate and updated ledger of all Massage Services conducted including at least: the date and time, service provided, and name of the Certified Practitioner. Such records shall be readily available and provided for inspection at any time at the request of the Community Development Director. Such records shall be retained on the premises of the Massage Business for a period of two years.

F. Massage Businesses shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens. Clean towels, coverings, and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one Client, unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one Client. Soiled linens and paper towels shall be deposited in separate, appropriate receptacles.

G. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bathrooms, tanning booths, whirlpool baths and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with an appropriate disinfectant. Bathtubs shall be thoroughly cleaned after each use with an appropriate disinfectant. All walls, ceilings, floors, and other physical facilities for the Massage Business must be in good repair and maintained in a clean and sanitary condition.

H. Instruments utilized in performing massage shall not be used on more than one Client unless they have been sterilized using an appropriate sterilization method.

I. All Massage Business operators and employees, agents, Independent Contractors, and other staff, no matter if offering or providing Massage Services or not, shall wear clean outer garments. Said garments shall not be, or be worn in a manner, that is deemed by the CAMTC to constitute unprofessional attire based on the custom and practice of the profession in California.

J. No person shall enter, be, or remain in any part of a Massage Business while in possession of an open container of alcohol or drugs except prescribed medication, or consuming, using, or under the influence of any alcoholic beverage or drugs except prescribed medication. No Owner or operator shall permit any such person to enter or remain upon such premises.

K. No Massage Business shall operate as a school of Massage or use the same facilities as that of a school of Massage.

L. No Massage Business shall place, publish, or distribute, or cause to be placed, published, or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective Clients that any service is available other than those services listed as an available service, nor shall any Massage Business employ language in the text of such advertising that would reasonably suggest to a prospective Client that any service is available other than those services as described in compliance with the provisions of this chapter.

M. No Massage shall be given unless the Client's genitalia and, if applicable, female breasts are, at all times, fully covered. A person providing Massage Services shall not, in the course of administering any Massage, make physical contact with the genitals or anal region of any other person regardless of whether the contact is over or under the person's clothing. Providing Massage of female breasts without the written consent of the Client receiving the massage is prohibited. When providing Massage of female breasts after receiving written consent, the requirement that female breasts be fully covered shall not apply.

N. The Massage Business shall remain unlocked during business hours when the Massage Business is open for business and when clients are present. All exterior doors (except a rear entrance for staff only) and interior doors must remain unlocked during business hours, unless there is no Massage Business staff available to assure the security of clients and massage professionals who are behind closed doors. This subsection shall not apply to Sole Practitioners as defined in Section 5.12.020 of this chapter.

O. Massage Rooms. The room where Massage is administered for each client shall have doors that remain unlocked at all times any client is in the room. A separate dressing area and clothing storage area is required where the massage is performed in a place other than where the client changes their clothing. Doors to such dressing rooms shall be self-closing.

P. No Massage Business located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall, during business hours, block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises. For the purpose of this subsection, there is an irrebuttable presumption that the visibility is impermissibly blocked if more than 25% of the interior reception and waiting area is not visible from the exterior window.

Q. All signs shall be in conformance with the current ordinances of the City.

R. Display of Human Trafficking Notices. The Massage Business shall comply with the requirements of California Civil Code Section 52.6 related to the posting of information for victims of human trafficking.

S. Minimum lighting consisting of at least one artificial light of not less than 40 watts shall be provided and shall be operating in each room or enclosure where Massage Services are being performed on Clients, and in all areas where Clients are present.

T. Restroom facilities and building ventilation shall be provided in accordance with applicable building codes and regulations.

U. Hot and cold running water shall be provided to a Massage Business at all times.

V. A minimum of one wash basin for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing massage services. Sanitary towels and liquid soap shall also be provided at each basin.

W. A massage table or chair shall be used for all Massage Services, with the exception of "Thai," "shiatsu," and similar forms of massage therapy, which may be provided on a padded mat on the floor. Pads used on massage tables shall be covered with an appropriate material.

X. Beds, futons, mattresses, air mattresses, and waterbeds are not permitted on the premises of the massage establishment, and no Massage Business shall be used for residential or sleeping purposes.

Y. All Massage Businesses shall comply with all local, county, state, and federal laws and regulations regarding operation of the Massage Business, including, but not limited to those related to accessibility.

(Ord. 26-3, 4/15/2026)

A. Records and Massage Facilities Subject to Inspection, Review, and Audit. The investigating and enforcing officials of the City, including but not limited to, representatives of the Police Department, Fire Department, Code Enforcement, Community Development Director, County Health, and Building Official, or their designees, shall be permitted to enter and inspect a Massage Business at any reasonable time, without charge or other restraint and in accordance with procedures required by law, to observe and enforce compliance with building, fire, electrical, plumbing, or health regulations, and to enforce compliance with applicable regulations, laws, and statutes, and any provisions of this chapter.

B. Massage Business Inspection Program. The City shall conduct inspections of all Massage Businesses subject to the requirements of this chapter, hereinafter referred to as the "Massage Business Inspection Program."

1. The Massage Business Inspection Program is intended to function in parallel with the other enforcement mechanisms specified in this chapter. The City reserves the right to pursue all other civil, criminal, administrative, and code enforcement remedies available by law to ensure compliance with this chapter.

2. The City may charge a fee for any staff and/or administrative costs related to the scheduling, conducting, and required follow-up activities related to inspections.

C. Violations of this chapter are also violations of Title 19 of the West Sacramento Municipal Code and are subject to enforcement in accordance with both provisions which may include progressive application of administrative proceedings, abatement, civil actions and civil penalties, and may also be prosecuted as a misdemeanor or infraction depending on the nature and repetitiveness of the violations. Nothing in this chapter shall be interpreted to preclude or limit the City from seeking injunctive or other judicial relief.

(Ord. 26-3, 4/15/2026)

A. A Massage Business shall notify the Community Development Director of any changes to the information provided in the Massage Business Permit application, including, but not limited to, a list of all current employees and associated contractors or changes in CAMTC certification to those offering or providing Massage Services, changes in ownership or ownership structure, a change in the location of the Massage Business, or changes in Owner(s) information as soon as possible, but not longer than 30 days of the Owner's knowledge of the change.

B. Each Owner or operator of a Massage Business is individually responsible for reporting any of the following within three (3) business days of the occurrence, but may nonetheless collectively notify the Community Development Director of the occurrence:

1. Arrests of any Owners, operators, employees, agents, Independent Contractors, or other staff of the Massage Business for any reason, other than a misdemeanor traffic offense.

2. Resignations, terminations, or transfers of any employee, agent, Independent Contractor, or other staff person offering or providing Massage Services at or for the Massage Business.

3. Suspension or revocation of the CAMTC certification of any employee, agent, Independent Contractor, or other staff person offering or providing Massage Services at or for the Massage Business.

4. Any event involving the Massage Business or the Massage Practitioners employed therein that constitutes a violation of this chapter or state or federal law.

C. This provision requires reporting to the Community Development Director even if the Massage Business believes that the Community Development Director has or will receive the information from another source.

(Ord. 26-3, 4/15/2026)

A. The provisions of this chapter shall not apply to the following classes of individuals or businesses while engaged in the performance of their duties:

1. Physicians, surgeons, chiropractors, osteopaths, nurses, acupuncturists in compliance with State law (Business and Professions Code Section 4927, et seq.), or any physical therapists who are duly licensed to practice their respective professions in the state of California and persons working directly under the supervision of or at the direction of such licensed persons, working at the same location as the licensed person, and administering Massage subject to review or oversight by the licensed person.

2. Barbers and beauticians who are duly licensed under the laws of the state of California while engaging in practices within the scope of their licenses. This exception applies solely to the massaging of the neck, face and/or scalp, hands, or feet of the clients.

3. Hospitals, nursing homes, mental health facilities, or any other health facilities duly licensed by the state of California, and employees of these licensed institutions, while acting within the scope of their employment.

4. Accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment.

5. Trainers of amateur, semi-professional or professional athletes or athletic teams while engaging in their training responsibilities for and with athletes; and trainers working in conjunction with a specific athletic event.

(Ord. 26-3, 4/15/2026)

Unless otherwise exempted by the provisions of this chapter, every Person, whether acting as an individual, Owner, operator, employee, Independent Contractor or agent of the Owner or operator who offers or provides Massage Services or conducts a Massage Business in violation of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished in accordance with Chapter 1.12 of this code.

Any Massage Business operated, conducted, or maintained contrary to the provisions of this chapter shall constitute an unlawful business practice pursuant to Business and Professions Code Section 17200 et seq., and the District Attorney may, in the exercise of 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 the Superior Court of Yolo County, seeking an injunction prohibiting the unlawful business practice and/or any other remedy available at law, including, but not limited to, fines, attorneys’ fees and costs. All remedies provided for in this chapter are cumulative.

(Ord. 26-3, 4/15/2026)

A. Grounds. A Massage Business Permit may be suspended or revoked by the Community Development Director upon finding any of the following:

1. A Person offering or performing Massage Services not in possession, or no longer in possession, of a current and valid CAMTC certification.

2. Violates or fails to comply with the terms and conditions of the Permit.

3. Does any act which violates any of the grounds for denial of the Permit.

4. Has engaged in or permitted misconduct substantially related to the qualifications, functions or duties of the permittee.

5. Conducts the Massage Business in a manner contrary to the peace, health, or safety of the public.

6. Has made any false, misleading, or fraudulent statement of material fact in the application or in any documentation required to be filed in conjunction with said application or has omitted material information from the application or in any documentation required to be filed in conjunction with said application.

7. Has been convicted of any of the crimes identified in Section 5.12.060C.1.a, b, c and/or d.

8. Employs, retains, or otherwise allows any Person to provide Massage Services without an active and valid Certificate from the CAMTC.

9. Engages in unprofessional conduct, including, but not limited to, the following:

a. Engaging in sexually suggestive advertising related to Massage Services.

b. Engaging in any form of sexual activity on the premises of a Massage Business.

c. Engaging in sexual activity while providing Massage Services.

d. Providing Massage Services on a suspended or revoked Permit.

e. Providing Massage Services without a Permit.

f. Providing Massage of the genitals or anal region.

g. Providing Massage of the female breasts without the written consent of the Person receiving the Massage.

h. Dressing while engaged in the practice of Massage Services, or while visible to clients in a Massage Business, in a manner that is deemed by the CAMTC to constitute unprofessional attire based on the custom and practice of the profession in California.

10. An Owner fails to register under the provisions of Penal Code Section 290 (sex offender registration); is convicted of Sections 266i (pandering), 315 (keeping or residing in a house of ill-fame), 316 (keeping disorderly house), 318 (prevailing upon person to visit a place for prostitution), 647(b) (disorderly conduct/engaging in or soliciting prostitution), or 653.23 (supervision of prostitute); has a business permit or license denied, revoked, restricted, or suspended by any agency, board, city, county, territory, or state; is subject to an injunction for nuisance pursuant to Penal Code Sections 11225 through 11235 (red light abatement); is convicted of a felony offense involving the sale of a controlled substance; is convicted of any crime involving dishonesty, fraud, deceit, violence, or moral turpitude; or is convicted in any other state of an offense which, if committed in this state, would have been punishable as one or more referenced offenses in this subsection.

11. The City determines that a material misrepresentation was included on the application for a Permit.

12. A violation of any local, county, state, or federal law has occurred on the premises, including but not limited to a violation of this chapter or Business and Professions Code Section 4600 et seq.

B. Time Period of Suspension. The Community Development Director may, at his or her discretion, suspend a Massage Business Permit for any period, up to and including the end of the Permit term.

C. Notice. Written notice of the denial, suspension, or revocation shall be served on the Owner by certified mail with the violation and supporting facts. The notice shall contain an advisement of the right to request an appeal hearing before the hearing officer.

D. Appeals. The suspension or revocation of a Massage Business Permit may be appealed pursuant to Chapter 1.08 and shall be heard before a hearing officer.

E. Effective Date of Suspension or Revocation. Suspension or revocation issued pursuant to this chapter will be effective fifteen (15) calendar days from the date appearing on the notice, unless a timely and complete appeal is filed in accordance with this chapter. Then, the effective date shall be as determined by the hearing officer.

F. Reapplication. No reapplication will be accepted within one (1) year after a City Massage Business Permit is revoked or suspended.

(Ord. 26-3, 4/15/2026)

It is unlawful and a public nuisance for a Massage Business to be operated, conducted, or maintained contrary to the provisions of this chapter. The City may exercise its discretion, in addition to or in lieu of prosecuting a criminal action, to commence proceedings for the abatement, removal, and enjoinment of that Massage Business in any manner provided by law.

(Ord. 26-3, 4/15/2026)

If any provision of this chapter, or the application of any such provision to any Person or circumstance shall be held invalid, the remainder of this chapter, to the extent it can be given effect, or the application of those provisions to Persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this chapter are severable.

(Ord. 26-3, 4/15/2026)

As used in this chapter, "must," "shall" and "will" are mandatory; "may" is permissive.

(Ord. 26-3, 4/15/2026)