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ARTICLE IX. MASSAGE
For the purpose of this article, the following words shall have the following meanings:
(A) APPLICANT - A person who is required to file an application for a massage business or establishment permit or a massage technician permit.
(B) APPROVED SCHOOL - A facility that teaches the theory, ethics, practice, profession, and work of massage therapy and that is approved by any of the following:
(1) The Bureau for Private Postsecondary and Vocational Education pursuant to former Cal. Education Code, Section 94739 prior to July 1, 2007, and as of the date on which an applicant successfully completed a minimum of 250 hours of supervised, in-class instruction;
(2) The Department of Consumer Affairs;
(3) An institution accredited by the Accrediting Commission for Senior Colleges and Universities or the Accrediting Commission for Community and Junior Colleges of the Western Association of Schools and Colleges and that is one of the following:
(a) A public institution;
(b) An institution incorporated and lawfully operating as a nonprofit public benefit corporation pursuant to Cal. Corporations Code, Title 1, Division 2, Part 2 (commencing with Section 5110) and that is not managed by any entity for profit;
(c) A for-profit institution.
(4) A college or university of the state higher education system, as defined in Cal. Education Code, Section 100850;
(5) A school of equal or greater training that is approved by the corresponding agency in another state or territory of the United States or accredited by an agency recognized by the United States Department of Education.
The term APPROVED SCHOOL shall not include a school or institution of learning offering or allowing correspondence courses not requiring actual attendance at classes.
(C) COMPENSATION - The payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.
(D) LICENSE COLLECTOR - The assistant city treasurer or designee.
(E) MASSAGE or MASSAGE THERAPY - The application of various techniques to the muscular structure and soft tissues of the human body, including but not limited to any method of pressure or friction against, or stroking, kneading, rubbing, tapping, compression, pounding, vibrating, rocking or stimulating of the external surfaces of the body with hands or with any object or appliance.
(F) MASSAGE BUSINESS or ESTABLISHMENT - Any business or establishment which offers massage or massage therapy in exchange for compensation at a fixed place of business, including any business or establishment which offers any combination of massage or massage therapy and bath facilities, including but not limited to showers, baths, wet and dry heat rooms, steam rooms, pools, and hot tubs.
(G) MASSAGE PRACTITIONER - Any person to whom a massage therapy certificate has been issued pursuant to Cal. Business and Professions Code, Section 4601, subdivision (b), paragraph (1) and who is engaged in the practice of massage therapy for compensation.
(H) MASSAGE TECHNICIAN - A person to whom a massage technician permit has been issued by the city's license collector.
(I) MASSAGE THERAPIST - Any person to whom a massage therapy certificate has been issued pursuant to Cal. Business and Professions Code, Section 4601, subdivision (c) and who is engaged in the practice of massage therapy for compensation.
(J) MASSAGE THERAPY CERTIFICATE - A certificate issued by the California Massage Therapy Council pursuant to Cal. Business and Professions Code, Section 4601, subsection (a).
(K) PERMITTEE - A person to whom a massage business or establishment permit or a massage technician permit has been issued by the city's license collector.
(Ord. No. 2811, 2823, 2851, 2977)
(A) No person shall perform massage or massage therapy without a valid massage therapy certificate issued pursuant to Cal. Business and Professions Code, Section 4601.
(B) No person shall operate a massage business or establishment or allow a massage business or establishment to operate unless each person who performs massage or massage therapy at that business or establishment has a valid massage therapy certificate issued pursuant to Cal. Business and Professions Code, Section 4601.
(1) Any owner or operator of a massage business or establishment who owns 5% or more of the massage business or establishment and who does not hold a valid massage therapy certificate issued pursuant to Cal. Business and Professions Code, Section 4601, shall submit an application for a background check to the license collector. Fees for background checks shall be established by resolution of the city council.
(2) An application for a background check pursuant to paragraph (1) of subdivision (B) of this section shall contain the following information:
(a) The applicant's full legal name and any name used by the applicant at any other time;
(b) The applicant's date of birth;
(c) The name and telephone number of the massage business or establishment and the street address where the massage business or establishment is to be conducted;
(d) The applicant's occupation;
(e) The employment history, with dates of employment, of the applicant for the five years preceding the date of the application;
(f) The name and address of any massage business or establishment or other similar establishment owned or operated by the applicant; and
(g) The applicant's fingerprints.
(C) Notwithstanding subdivision (A) of this section, any person who holds a valid massage technician permit as of January 1, 2012, may operate as a massage technician until such permit expires. If such permit expires before December 31, 2012, the permittee may file an application with the license collector to renew the permit, which shall expire on December 31, 2012. Fees to renew such permits shall be established by resolution of the city council.
(D) Notwithstanding subdivision (B) of this section, any person who holds a valid massage establishment permit as of January 1, 2012, may operate a massage business until such permit expires. If such permit expires before December 31, 2012, the permittee may file an application with the license collector to renew the permit, which shall expire on December 31, 2012. Fees to renew such permits shall be established by resolution of the city council.
(E) If a permittee holds a valid massage technician permit for more than one location as of January 1, 2012, the permittee must renew any permit that expires before December 31, 2012, pursuant to subdivision (C) of this section for any location where the permittee intends to provide massage therapy until such renewed permit expires.
(F) While providing any massage therapy, all massage technicians shall display in a visible location in an area between the shoulder and the waist on the front of outer clothing worn by the massage technician an identification badge issued by the license collector.
(Ord. No. 2811, 2851)
Section 11-233 of this code shall not apply to the following:
(A) Persons holding a valid certificate to practice the healing arts under the laws of the State of California, including, but not limited to, holders of medical degrees such as physicians, surgeons, chiropractors, osteopaths, naturopaths, podiatrists, acupuncturists, physical therapists, registered nurses and licensed vocational nurses.
(B) Barbers and cosmetologists who are licensed under the laws of the State of California while providing massage therapy within the scope of their licenses, provided that such massage therapy is limited solely to the neck, face, scalp, feet, lower limbs up to the knees, hands, and arms of their patrons.
(Ord. No. 2811, 2823, 2851)
(A) The owner and/or operator of any massage business or establishment described in Cal. Business and Professions Code, Section 4612, subdivision (b), paragraph (1) and the permittee of any massage business or establishment shall obtain a city business tax certificate pursuant to Article I of Chapter 11 of this code.
(B) Any massage technician who provides massage therapy at a location away from a massage business or establishment shall obtain a city business tax certificate pursuant to Article I of Chapter 11 of this code when such massage therapy is not provided at the direction of and on behalf of a massage business or establishment that has been issued a business tax certificate as set forth is subdivision (A) above.
(C) Notwithstanding any provision set forth in Article I of Chapter 11 of this code, the city may:
(1) In the application for a business tax certificate or for the renewal of a business tax certificate, require the massage business or establishment or any permittee to provide relevant information of the activities of the business or establishment regulated by this article;
(2) Make reasonable investigations into the information so provided;
(3) Charge a business tax certificate fee sufficient to cover the costs of the business tax activities regulated by this article; and
(4) Deny, revoke, restrict, or suspend a business tax certificate for any of the following causes:
(a) An employee, agent, independent contractor, or other representative of the business or establishment or of the permittee has committed a violation of this article;
(b) An employee, agent, independent contractor, or other representative of the business or establishment has committed a violation of Cal. Business and Professions Code, Chapter 10.5, Division 2 (commencing with Section 4600); or
(c) The business or establishment or the permittee has provided materially false information in the application for a business tax certificate.
(Ord. No. 2811, 2838)
(A) Every massage business or establishment as defined in Cal. Business and Professions Code, Section 4612, subdivision (b), paragraph (1) shall provide to the license collector a copy or other evidence of the massage therapy certificate of every person who provides massage therapy at the business or establishment prior to the commencement of massage therapy services by such person and shall maintain at the business or establishment a copy or other evidence of each such massage therapy certificate for review by local authorities.
(B) Every massage business or establishment as defined in Cal. Business and Professions Code, Section 4612, subdivision (b), paragraph (1) and every permittee of a massage business or establishment shall notify the license collector of any intention to rename, change management, or convey the business or establishment to another person within 15 days of such change.
(C) Every permittee of a massage business or establishment shall comply with the following requirements:
(1) Notify the license collector when the owner of the business or establishment sells or transfers the entire business or establishment to another person or when the owner of the business or establishment sells or transfers a portion of the business or establishment to another person.
(2) Provide to the license collector the names of all persons who will act as manager of the massage business or establishment prior to the commencement of massage therapy services at said massage business or establishment.
(D) Every massage technician shall notify the license collector of a change in the permittee's home address or the address of the massage business or establishment where the permittee regularly provides massage therapy services within ten days of such change.
(Ord. No. 2811, 2823)
(A) Any massage technician whose permit is issued on or after the effective date of this article, and any massage business or establishment owned and/or operated by a permittee whose permit is issued on or after the effective date of this article, shall only provide massage therapy between the hours of 8:00 a.m. and 8:00 p.m.
(B) Upon renewal of a massage technician permit or upon renewal of a massage establishment permit, massage therapy shall only be provided between the hours of 8:00 a.m. and 8:00 p.m.
(Ord. No. 2811, 2823)
(A) No massage business or establishment owned and/or operated by a permittee shall state, advertise, put out any sign, card, or other device, or represent to the public through any print or electronic media that a person who provides massage therapy at that business or establishment is certified, registered, or licensed as a "massage therapist" or "massage practitioner" if that person does not possess a valid massage therapy certificate.
(B) No massage business or establishment owned and/or operated by a permittee and no massage technician shall advertise through any print or electronic media that appears to be for adults only based on its classification, other advertising contained therein, words used within, or title.
(Ord. No. 2811)
It shall be unlawful for any massage business or establishment owned and/or operated by a permittee to employ any persons under 18 years of age or to provide massage therapy to any person under 18 years of age, except at the special instance and request of a parent, guardian, or other person in lawful custody of said minor.
(Ord. No. 2811, 2851)
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