Westminster Municipal Code Ch. 5.32 Massage and Reflexology

It is the intent of the mayor and the city council of the city of Westminster that this chapter rely upon California Business and Professions Code Chapter 10.5 of Division 2, as it may be amended, to provide for the orderly and consistent regulation of massage services, to enable consumers to identify legitimate massage workers and businesses, and additionally to establish minimum health and safety standards, thus protecting the public interest, health, safety and welfare of the city.

(Ord. 2525 § 1, 2015; Ord. 2552 § 1, 2018)

Unless the context of the particular provision otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter:

"Administrative hearing officer" or "hearing officer"

means a person appointed by the city manager or designee to determine whether a massage establishment permit should be suspended or revoked.

"Applicant"

means the individual applicant including his or her designee, and/or the designated officer or managing partner acting on behalf of a corporation, partnership or business organization.

"Approved massage school"

shall have the same meaning as Section 4601(a) of the Business and Professions Code.

"CAMTC"

means the California Massage Therapy Council, as established by Section 4602 of the Business and Professions Code.

"CAMTC certification"

means a certificate issued by the CAMTC certifying that the certificate holder has met all the requirements of Section 4601 of the California Business and Professions Code.

"Certified massage therapist"

means anyone licensed by CAMTC as a massage therapist or practitioner, or a massage therapist pursuant to the Massage Therapy Act.

"Chief of police"

means the chief of police of the Westminster police department, and shall include his or her designee.

"City"

means the city of Westminster, and shall include its agents and employees.

"City council"

means the city council of the city of Westminster.

"City manager"

means the city manager of the city of Westminster, and shall include his or her designee.

"Compensation"

means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.

"Employee"

means any and all persons, including massage therapists, who may render any service to the massage establishment permittee, and who may receive compensation from the massage establishment permittee or agent. Except as otherwise indicated, "employee" shall also include, but not be limited to, independent contractors, trainees and volunteers.

"Enclosed shopping center"

means a single fully enclosed building with no less than one hundred forty thousand square-feet of gross floor area, comprised of two or more floors, where no less than fifty one percent of the total number of businesses within the building are devoted to retail sales; and where the entrances to the businesses within the building are accessed from one or more enclosed interior corridors within the building, and where entrance into the building is provided through a shared common entrance providing access to the building's exterior.

"Expansion"

as relates to a massage establishment means that the establishment increases the number of individuals providing massage either part-time or full-time by thirty percent or more; or physically expands the establishment, either by increasing the area of floor space used to provide massage by ten percent or more of the existing total floor space, or increases the total size of the floor area of the establishment by ten percent or more.

"Good standing"

means that the establishment has not been civilly or criminally cited for, been issued a notice of violation for, or the chief of police makes a finding based on a preponderance of the evidence of, any unprofessional conduct by the owner, manager or any massage therapist, or any conduct by the owner, manager or any massage therapist that may subject the establishment's permit to suspension or revocation within the preceding three years.

"Health department"

means Orange County public health services.

"Manager"

means the person designated by the owner of the massage establishment to act as the representative and agent of the owner in managing day-to-day operations with corresponding liabilities and responsibilities. Evidence of management includes, but is not limited to, that the individual has the power to direct or hire and dismiss employees, control hours of operation, create policy or rules, or purchase supplies. A manager may also be an owner.

"Massage"

means the manipulation of the soft tissues, and shall include any method of treating the external parts of the human body for remedial, health, relaxation, hygienic, or any other reason by means of pressure on or friction against; or stroking, kneading, rubbing, tapping, pounding, vibrating; or stimulating the soft tissues of the human body with the hands or other parts of the human body, with or without the aid of any mechanical or electrical apparatus or appliances; or with or without supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other preparations. Massage also includes, but is not limited to, reflexology.

"Massage business" or "massage establishment"

means a fixed location where massage is performed for compensation, excluding those locations where massage is only provided on an out-call basis.

"Massage establishment permit" or "permit"

means a permit issued by the police department upon submission of satisfactory evidence as required that a massage business or sole proprietorship has satisfied all the requirements pursuant to the provisions of this chapter. A massage establishment permit shall also refer to such a permit issued to sole proprietorships.

"Massage therapist"

means an individual certified by the CAMTC to provide massage pursuant to Section 4601(g) and (h) of the Business and Professions Code.

"Operator"

means any person who is an owner or manager of a massage establishment.

"Outcall massage service"

means the engaging in or carrying on of massage for compensation at locations other than a massage establishment at a fixed location.

"Owner"

means any of the following: the sole proprietor of a sole proprietorship operating a massage establishment; any general partner of a general or limited partnership that owns a massage establishment; any person has a five percent or greater ownership interest in a corporation that owns a massage establishment; any person who is a member of a limited liability company that owns a massage establishment; all owners of any other type of business association that owns a massage establishment.

"Patron"

means an individual on the premises of a massage establishment for the purpose of receiving massage.

"Person"

means an individual, entity, corporation, LLC, partnership, or any officer, employee, agent or representative thereof.

"Police department"

means the police department of the city of Westminster.

"Reception and waiting area"

means an area immediately inside the main entry door of the massage establishment dedicated to the reception and waiting of patrons of the massage establishment and visitors, and which is not a massage therapy room or otherwise used for the provision of massage services.

"Reflexology"

is a type of massage, and specifically refers to a technique or practice in which a practitioner applies finger and thumb pressure to specific reflex points on the hands or feet of a client in order to promote relaxation and healing in the body. The practice does not involve the removal of any clothes other than shoes and socks.

"Table shower"

means the washing of the body of a person by another while lying on a table, either face down or on the back, so that particular attention can be paid to the person's genitals, gluteal fold, or anal area of any patron, or the breasts of any female patron.

"Unprofessional conduct"

shall have the same meaning as Sections 731 and 4609 of the Business and Professions Code.

"Visitor"

means any individual not retained or employed by the massage establishment and not receiving or waiting to receive massage therapy services, but excluding law enforcement personnel or governmental officials performing governmental business.

(Ord. 2525 § 1, 2015; Ord. 2552 § 1, 2018)

The chief of police shall have the power and authority to promulgate rules, regulations, and requirements consistent with provisions of this chapter and other law in connection with the issuance of a permit. The chief of police may designate an employee of his or her department to make decisions and investigations and take actions under this chapter.

(Ord. 2525 § 1, 2015; Ord. 2552 § 1, 2018)

A. Except as provided for in Sections 5.32.110 [Massage establishment permit—Exemptions] and 5.32.200(B) [Compliance—Nonconforming status of existing businesses], below, as of the effective date of the ordinance codified in this chapter, it is unlawful for any individual to practice massage (including reflexology) for compensation within the city unless that individual is a certified massage therapist; it is further unlawful for any business to provide massage services within the city unless all individuals employed by the massage business to perform massage, whether as an employee or independent contractor, are certified massage therapists.

B. As of the effective date of the ordinance codified in this chapter, it is unlawful for any existing massage establishments to hire any individual to provide massage unless he or she has obtained CAMTC certification. "Hire," for the purposes of this section, shall include employees, independent contractors, volunteers and trainees, whether full-time or part-time.

(Ord. 2525 § 1, 2015; Ord. 2552 § 1, 2018)

In addition to a massage establishment permit, any establishment where massage is provided, or any person who provides massage services (including outcall massage) as a sole proprietor, independent contractor, or freelance massage therapist, shall obtain a business license as required by the city's business license provisions; provided that any certified massage therapist who is an employee of a permitted massage business shall not be required to obtain a separate business license. The issuance of a massage establishment permit is a condition precedent to the granting of a business license. Compliance with Chapter 17.515 [Zoning Clearance] of the Westminster Municipal Code shall be required for granting of a business license.

(Ord. 2525 § 1, 2015; Ord. 2552 § 1, 2018)

No massage establishment may provide massage prior to having obtained a massage establishment permit.

(Ord. 2525 § 1, 2015; Ord. 2552 § 1, 2018)

A permit application shall be filed on forms provided by the police department, submitted under penalty of perjury and shall contain all of the following information:

A. CAMTC Certification Verification.

1. If a sole proprietorship, the applicant/owner shall produce a valid and current CAMTC certification and a valid and current CAMTC-issued identification card.

2. If a massage business, other than a sole proprietorship, the applicant/owner shall provide a sworn statement that the certified massage business shall employ only certified massage therapists, along with copies of valid and current CAMTC certifications for all massage therapists who will provide massage at the massage business, and copies of their current and valid CAMTC-issued identification cards.

B. Certified sole proprietors must provide a valid form of government identification. Massage businesses must provide valid forms of government identification for all certified massage therapists who will provide massage services for the business.

C. The following information shall be provided by any owner/applicant who does not possess a CAMTC certification, and has any ownership interest whatsoever in the business:

1. Full, true name, and other names used by the business owner, as well as his or her date of birth and valid and current driver's license and/or identification card issued by a state or federal governmental agency.

2. Two photographs, which will be taken by the police department.

3. Current address and previous two residences including dates of residence at each address.

4. For the five years preceding the application, for any person who has any ownership interest in the business, as applicable:

a. Employment history;

b. The name and address of any massage business or other similar establishment owned or operated by any person subject to the background check, including, but not limited to, history, if any, with any agency, board, city, county, territory, or state;

c. For any massage or similar business, dates of permit issuance, denial, restriction, revocation, or suspension, and the reasons therefor of any individual or business permit.

5. LiveScan background check or equivalent to determine whether the owner/applicant has any of the following:

a. Any convictions for a crime involving conduct which requires permit under California Penal Code Section 290 (Sex Offender Registration Act).

b. Any conviction of Penal Code Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), 653.22.

c. Any conviction of any felony offense involving the sale of a controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code.

d. Any conviction of crimes designated in Government Code Section 51032 (Massage—Grounds for denial of license), or of any crime involving dishonesty, fraud, deceit, violence or moral turpitude.

e. Any conviction of conspiracy or attempt to commit any offense described in subsections (5)(a) through (d).

f. Convictions in any other state of any offense which, if committed or attempted in this state, would have been punishable as one or more of the referenced offenses of this subsection.

D. Information relating to all injunctions for nuisances under Penal Code Sections 11225 through 11235 (Red Light Abatement Law) issued during the seven years preceding the date of the application, including orders to cease and desist, notices of violation or convictions of any municipal provision equivalent to any provision in this chapter.

E. General Business Information. All applicants/owners shall provide the following:

1. The full true name under which the business will be conducted.

2. The present or proposed address where the business is to be conducted.

3. A complete description of all services to be provided.

4. The name and address of any massage business or other like business owned or operated by any person whose name is required to be given pursuant to this section.

5. A description of any other business to be operated on the same premises, or on adjoining premises, owned or controlled by the applicant.

6. The name and address of the owner and/or lessor of the real property, if any, upon or in which the business is to be conducted.

F. Corporate Information.

1. 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 and date of incorporation and the names current addresses of each of its current officers and chief of polices, and of each stockholder holding more than five percent of the stock of that corporation, or owner owing more than five percent of the corporation, and its registered agent for receipt of process.

2. If the applicant is a partnership, the application shall set forth the names and current address 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 as filed with the county clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporate applicants shall apply to the corporate partner.

3. If the applicant is a limited liability company ("LLC"), the name of the LLC shall be set forth exactly as shown in its articles of organization together with the state and date of organization and the names and current addresses of each of its current members and managers, and its registered agent for receipt of process. If one or more of the members or managers is a corporation, the provisions of this subsection pertaining to corporate applicants shall apply to the corporate member or manager.

4. A corporation, partnership, or LLC applicant shall designate one of its officers, general partners, members, or employees to act as its responsible managing officer/employee. Such person shall complete and sign all application forms required of an individual applicant under this chapter. The corporation's, partnership's, or LLC's responsible managing officer must, at all times, meet all of the requirements set by this chapter or the business's permit shall be suspended until a responsible managing officer who meets the requirements is designated. If no such person is found within ninety days, the permit is deemed invalid and a new permit application must be filed.

G. Authorization for the chief of police to seek information and conduct an investigation into the truth of the statements set forth in the application and into the background of the applicant, where authorized by this chapter.

H. A signed statement that the owner/applicant shall be responsible for the conduct of all employees or independent contractors working on the premises of the business and that failure to comply with Business and Professions Code Section 4600 et seq., any applicable state or federal law, or with the provisions of this chapter, may result in the suspension or revocation of the establishment permit, as well as cost recovery liability for extraordinary investigative costs and/or public nuisance abatement.

I. Payment of a permit fee, as set by city council resolution.

(Ord. 2525 § 1, 2015; Ord. 2552 § 1, 2018)

The chief of police may deny an application for a massage establishment permit on any of the following grounds:

A. The massage establishment, as proposed by the applicant, would not comply with the requirements of this chapter.

B. The massage establishment, as proposed by the applicant, would not comply with any applicable law, including, but not limited to, the city's building, fire, zoning, and health regulations.

C. The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for a massage establishment permit.

D. Any owner of the massage establishment, within five years immediately preceding the date of filing of the application, has been convicted in a court of competent jurisdiction of any offense that relates directly to the operation of a massage establishment whether as a massage establishment owner or operator or as a person practicing massage for compensation, or as an employee of either; or has at any time been convicted in a court of competent jurisdiction of any felony the commission of which occurred on the premises of a massage establishment.

E. Any owner of the massage establishment is currently required to register under the provisions of Section 290 of the California Penal Code.

F. Any owner of the massage establishment, within five years of the date of application, has been convicted in a court of competent jurisdiction of any violation of Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22 of the California Penal Code, or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the state of California that is the equivalent of any of the aforesaid offenses.

G. Any owner of the massage establishment, within five years of the date of application, and as established by clear and convincing evidence, has engaged in acts prohibited under California Penal Code Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22.

H. Any owner of the massage establishment has, within five years of the date of the application, been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Section 11225 through 11235 of the California Penal Code, or any similar provision of law in a jurisdiction outside the state of California.

I. Any owner of the massage establishment who is an individual has not attained the age of eighteen years.

J. Any owner of the massage establishment, within five years of the date of the application, has had a permit or license to practice massage for compensation or to own and/or operate a massage establishment revoked or denied in any jurisdiction.

(Ord. 2525 § 1, 2015; Ord. 2552 § 1, 2018)

A. If an application for a massage establishment permit is denied, the chief of police or his/her designee shall give written notice to the applicant specifying the grounds for the denial.

B. The applicant may appeal the decision to deny a message establishment permit pursuant to the provisions of Section 5.32.150 [Massage establishment permit—Appeal from denial, revocation or suspension].

(Ord. 2525 § 1, 2015; Ord. 2552 § 1, 2018)

A. Massage Establishment Permits Shall Be Nontransferable. If at any time all or part of the ownership of the business changes, or in the event of a change in address, a new permit application and application fee must be submitted to the chief of police. Operation at a new address or with new ownership prior to obtaining a new establishment permit shall be unlawful.

B. Notification of Changes. Every massage establishment owner shall report in writing to the chief of police any and all changes of information relating to massage therapists working in the business or practice. Specifically, any change in address, name, CAMTC certificate status, or staff, must be reported to the chief of police within ten days of the occurrence of the change. Any change in massage therapists must be reported to the chief of police prior to the individual therapist providing massage in the city.

(Ord. 2525 § 1, 2015; Ord. 2552 § 1, 2018)

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

1. Physicians, surgeons, chiropractors, osteopaths, nurses or any physical therapists duly licensed to practice their respective professions in the state of California while engaging in practices within the scope of their licenses.

2. Barbers, cosmetologists, estheticians, and manicurists who are duly licensed under the laws of the state of California while engaging in practices within the scope of their licenses.

3. 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 such as an outdoor road or bike race.

4. Individuals administering massages or health treatments involving massage to persons participating in single-occurrence athletic, recreational, or educational events such as road races, track meets, triathlons, educational events, or conferences, provided that the event is open to the public or to a significant segment of the public such as employees of sponsoring or participating corporations, and the massage services are provided at the site of the event during, immediately preceding, or immediately following the event.

5. Enrolled students of an approved massage school while training at the school.

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

1. Offices of duly licensed physicians, surgeons, chiropractors, osteopaths, nurses or any physical therapists and providing services within the scope of their licenses; provided that any such office shall have no more than one CAMTC certified massage therapist providing massage services per office.

2. Hospitals, nursing homes, mental health service providers, or other any health facilities duly licensed by the state of California.

3. Accredited junior colleges and colleges or universities whose coaches and trainers are acting within the scope of their employment.

4. Health clubs, health spas, gymnasiums, or other similar facility designed or intended for general physical exercise or conditioning, that has obtained the applicable conditional use permit or administrative use permit, and in which the furnishing of massage or bathing services or facilities is subordinate and incidental; provided that the person performing massage services shall obtain a CAMTC certificate.

(Ord. 2525 § 1, 2015; Ord. 2552 § 1, 2018)

A. Establishment permits shall be valid for two years from issuance, or as renewed pursuant to this chapter.

B. A permit renewal application shall be filed with the chief of police and shall provide the following information, as applicable:

1. For massage businesses, an updated list of the certified massage therapists providing massage services at the business.

2. Copies of current and valid CAMTC certifications and CAMTC issued identification cards for all the certified massage therapists providing massage services at the business.

3. Copies of current and valid government identification documents for all the certified massage therapists providing massage services at the business; the certified massage therapists may be required by the chief of police to verify their identity in person at the police department.

4. Any change in the information provided under Section 5.32.070 [Massage establishments— Permit application] of this chapter, including, but not limited to, a list of services provided and prices, business address, etc.

5. Proof of a current and valid city business license.

6. The permittee shall apply to the chief of police to renew the permit no later than sixty days prior to expiration, or thirty days prior to expiration if the permit is for a sole proprietorship. Failure to submit timely a renewal application shall require submission of a new application. No business can occur at any time that the business does not have an active permit.

7. At all times the business is operational, all individuals who provide massage services must have a current and valid CAMTC certification. A massage establishment permit shall not be renewed if at any time massage has been provided by individuals without current and valid CAMTC certifications.

C. The owner of a permitted massage establishment may apply to amend the permit by submitting an application on a form provided by the police department. The application shall be accompanied by the fee established by the city's fee schedule. The application shall not be granted unless the chief of police determines that the terms of the amended permit comply with all requirements of this chapter and any other applicable local, state and federal laws. A denial of an application to amend may be appealed in the same manner as the denial or revocation of a permit, pursuant to Section 5.32.150 [Massage establishment permit— Appeal from denial, revocation or suspension].

(Ord. 2525 § 1, 2015; Ord. 2552 § 1, 2018)

Massage establishment permits may be suspended or revoked upon the following grounds:

A. The business has been declared a public nuisance.

B. An owner of the massage business or a therapist providing massage at the business commits an offense that would have caused denial of the permit. Commission of such an offense may be proved by a preponderance of the evidence.

C. The permittee has made a material misrepresentation on the application for permit or renewal.

D. The permittee has engaged in unprofessional conduct, or operated the business in violation of any of the provisions of this chapter or of any permit conditions.

E. A therapist has engaged in unprofessional conduct at the business, or has conducted him or herself in violation of any of the provisions of this chapter.

F. The permit holder employs or uses non-certified massage technicians to perform massage services.

G. The massage business uses sexually suggestive advertising, or advertising that is found in the adult entertainment section of websites such as (but not limited to) Craigslist, Backpage and EEOW.

H. The term of suspension shall be not more than ninety days.

I. Three or more occurrences of grounds for suspension pursuant to this section by a preponderance of the evidence shall result in revocation of the establishment permit; provided that, revocation shall be justified in the event of a preponderance of the evidence of a practice of prostitution or human trafficking, any violation of Section 5.32.190(A)(4), (7)—(9), (11)—(14) [Health and safety requirements] of this chapter, any violation of Section 4609 of the Business and Professions Code, any condition that constitutes a threat to the public health, safety and welfare, and/or any violation as described herein committed by an owner, manager or therapist within thirty-six months of a prior suspension.

(Ord. 2525 § 1, 2015; Ord. 2552 § 1, 2018)

A. Before a permit may be suspended or revoked, the chief of police shall provide the permit holder with notice of the pending suspension or revocation and a hearing before an administrative hearing officer; provided that, if the grounds for revocation fall under Sections 5.32.130(G) [Massage establishment permit—Suspension or revocation], 5.32.190(A)(12)—(14) [Health and safety requirements], or Business and Professions Code Section 4609(a), the suspension of the permit shall be immediate and shall be in full effect pending the hearing and appeal process.

B. Notice shall be provided to the permittee no less than ten days prior to the scheduled date of the hearing. The notice shall state the grounds for the proposed revocation or suspension. Notice shall be given by personal service or certified or registered mail to the address shown on the last application or renewal. If reasonable attempts to serve the notice are not successful, service may be provided by first class mail.

C. At the time and place set for the hearing, the hearing officer shall afford the permittee a reasonable opportunity to be heard in connection therewith. The formal rules of evidence shall not apply. All relevant evidence may be considered, and the hearing officer has the discretion to exclude evidence if he or she finds such evidence to be irrelevant or needlessly repetitive. The hearing officer has the authority to cut off presentation of evidence if he or she reasonably believes that the evidence being presented is irrelevant or needlessly repetitive.

D. If the hearing officer finds from the relevant evidence that one or more of the grounds for suspension or revocation exist, pursuant to Section 5.32.130 [Massage establishment permit—Suspension or revocation], he or she shall issue a written decision of suspension or revocation, the grounds upon which the suspension or revocation is based, and the effective date of the suspension or revocation.

E. The hearing officer shall issue the written decision within fourteen days of the hearing, and the decisions shall be served in the same manner as the notice of the hearing. The hearing officer's decision to suspend or revoke shall take effect on the date set forth in the decision.

F. Service shall be deemed complete when personal service is made, when the certified letter is delivered, or when the decision is mailed by first class mail.

(Ord. 2525 § 1, 2015; Ord. 2552 § 1, 2018)

The decision to deny, revoke or suspend a massage establishment permit is not appealable except by judicial review pursuant to Section 1094.5 of the Code of Civil Procedure.

(Ord. 2525 § 1, 2015; Ord. 2552 § 1, 2018)

A. In the event a massage establishment permit is revoked, the tenant space or structure where the business was located may not be occupied by another massage business for three years from the date the revocation is final.

B. If the business whose permit is revoked is located in a multi-unit property, no other unit in the same property (as determined by bona fide distinct property owner) may be occupied by any massage business for a period of eighteen months from the date the revocation is final. This limitation shall not apply to massage businesses that are already located in a unit at the property as of the date revocation is final.

(Ord. 2525 § 1, 2015; Ord. 2552 § 1, 2018)

No reapplication for a massage establishment permit will be accepted within one year after an application or renewal is denied, or within three years after a permit is revoked, provided that, if a permit is denied for the sole reason that a massage therapist is not CAMTC certified, reapplication may occur when the required certification is obtained.

(Ord. 2525 § 1, 2015; Ord. 2552 § 1, 2018)

Massage establishments may not locate within one thousand five hundred feet of any other massage establishment in the city. The distance between establishments shall be measured in a straight line between the two closest points on each building, structure or tenant space, whichever is greater.

(Ord. 2525 § 1, 2015; Ord. 2552 § 1, 2018)

One massage establishment, not subject to Section 5.32.180 (Separation requirement), may be permitted within an enclosed shopping center, as defined in Section 5.32.020 (Definitions), subject to all other provisions of this chapter, and all of the additional requirements listed below.

A. The public entrance and storefront to the massage establishment is located solely within the interior of the enclosed shopping center. Doors providing access to the exterior of the building are limited to required emergency exits.

B. A massage establishment shall not operate prior to or after the enclosed shopping center's operating hours during any day.

(Ord. 2552 § 1, 2018)

A. All massage establishments and massage therapists shall comply with the following health and safety requirements:

1. One artificial white light of not less than forty watts (or its equivalent) shall be provided in each room where massage is being administered.

2. The walls shall be clean and painted with an approved washable mold resistant paint in all rooms where water or steam baths are given.

3. Floors shall be free from any accumulation of dust, dirt, or refuse.

4. All equipment used in the massage operation shall be maintained in a clean and sanitary condition.

5. Dressing and locker facilities shall be provided for patrons. Security deposit facilities for the protection of the valuables of the patrons shall also be available.

6. One front door shall be provided for patron entry to the massage business, which shall open to an interior patron reception and waiting area immediately inside the front door. All patrons and any persons other than individuals employed or retained by the massage business shall be required to enter and exit through the front. A solo therapist may request an exemption of this requirement.

7. No massage business's exterior windows fronting a public street, highway, walkway, interior hallway, or parking area shall 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 darkens the view into the premises.

8. Towels, sheets, clothes and linens of all types, and items for personal use of operators and patrons shall be clean and freshly laundered and shall not be used for more than one person. Heavy white paper may be substituted for sheets provided that such paper is used once for every person and then discarded into a sanitary receptacle.

9. No person afflicted with an infection or parasitic infestation transmissible to a patron shall knowingly provide massage therapy to a patron, or remain on the premises of a massage establishment while so infected or infested.

10. A list of services available and the cost of such services shall be posted in an open and conspicuous public place on the premises. The services shall be described in English and may also be described in such other languages as the business chooses. No massage business operator shall permit, and no person employed or retained by the massage establishment shall offer, to perform any services or fees other than those posted.

11. It shall be unlawful for a massage establishment to be open for operation between ten p.m. and seven a.m. Patrons and visitors shall be permitted in the massage establishment only during hours of operation.

12. A manager shall be present during business hours.

13. Table showers are prohibited.

14. It shall be unlawful for any certified massage therapist or other person to massage the genital area, gluteal fold or anus of any patron, or the breasts of any female patron except as provided by Section 4609(a)(1)(F) of the Business and Professions Code, or any successor provision, or for any operator of a massage business to allow or permit such massage.

15. All massage therapists must comply with the clothing standards provided for in Section 4609(a)(10) of the Business and Professions Code.

B. No person shall reside at a massage establishment, either permanently or temporarily.

C. Massage establishments shall comply with all sign code provisions in the Westminster Municipal Code. Notwithstanding such provisions, no massage establishment may display any sign visible from outside the businesses that flashes, has any intermittent lighting pattern or has any moving parts.

D. The investigating officials of the city, including the city's health officer, shall have the right to enter the premises from time to time during regular business hours prior to the issuance of a permit, and subsequently, for the purpose of making reasonable inspections to ensure compliance with this chapter and with building, fire, electrical, plumbing, and/or health and safety regulations.

E. The owner or operator of the massage business shall display the establishment permit issued to the business, as well as copies of the CAMTC certificates for all individuals providing massage at the business, in the reception and waiting area.

(Ord. 2525 § 1, 2015; Ord. 2552 § 1, 2018)

A. Except as provided below, all existing businesses must be fully in compliance with all the provisions of this chapter within ninety days of its effective date.

B. Exceptions.

1. Massage establishments existing on the effective date of the ordinance codified in this chapter shall not be required to comply with this chapter's separation requirements, provided they maintain their place of business at the same location as of the effective date of the ordinance codified in this chapter. Any existing establishment that expands its operations or that moves to a new location shall thereafter be required to comply with this chapter's separation requirement.

2. A massage establishment existing on the effective date of the ordinance codified in this chapter may transfer or sell its ownership in the business without being required to comply with this chapter's separation requirement, provided that the business does not expand, is in good standing and obtains a new massage establishment permit prior to commencing operation under the new ownership.

3. Existing businesses may request additional time to comply with Section 5.32.040 [CAMTC certification required by individuals who practice massage], provided that: (a) any massage therapist who commences providing massage as of the effective date of the ordinance codified in this chapter must be CAMTC certified; and (b) for any massage therapists who require more than ninety days to obtain CAMTC certification, the establishment or individual shall submit proof of enrollment in an approved massage school, and a reasonable amount of time required for compliance, which shall not exceed one year from the effective date of the ordinance codified in this chapter.

(Ord. 2525 § 1, 2015; Ord. 2552 § 1, 2018)

A. Any violation of this chapter shall constitute a misdemeanor and shall be punishable pursuant to the provisions of Chapter 1.12 [General Penalty] of this code.

B. Any violation of this chapter may also be subject to administrative citation pursuant to Chapter 1.14 [Administrative Citations] of this code.

C. Any massage business operated, conducted, or maintained contrary to the provisions of this chapter or the provisions of the Massage Therapy Act shall be unlawful and a public nuisance, and the city attorney may at his or her discretion, in addition to or in lieu of prosecuting a criminal action hereunder, commence any action or proceeding for the abatement, removal and enjoinment thereof, in any manner provided by law., including, but not limited to, Chapter 8.20 [Nuisances] of this code.

(Ord. 2525 § 1, 2015; Ord. 2552 § 1, 2018)