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Palo Alto Municipal Code
PALO ALTO MUNICIPAL CODE
CHARTER OF THE CITY OF PALO ALTO
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATIVE CODE*
Title 3 RESERVED
Title 4 BUSINESS LICENSES AND REGULATIONS*
Chapter 4.04 GENERAL PROVISIONS*
Chapter 4.10 SOLICITORS, PEDDLERS, PAWNBROKERS, SECONDHAND DEALERS, AND OTHER BUSINESSES REGULATED BY POLICE
Chapter 4.12 SIDEWALK VENDORS
Chapter 4.18 LICENSE OBTAINED BY APPLICATION TO POUNDMASTER
Chapter 4.30 SOLICITING FUNDS*
Chapter 4.32 SOLICITING INFORMATION FOR COMMERCIAL PURPOSES
Chapter 4.34 CLOSING OUT SALES
Chapter 4.38 RESERVED
Chapter 4.39 PRIVATE INTRUSION AND FIRE ALARMS*
Chapter 4.42 TAXICABS AND OTHER FOR-HIRE VEHICLES
Chapter 4.46 RESERVED*
Chapter 4.48 RESERVED*
Chapter 4.51 BINGO GAMES
Chapter 4.52 BILLIARD ROOMS, CARDROOMS AND BOWLING ALLEYS*
Chapter 4.54 MASSAGE ESTABLISHMENTS
Chapter 4.55 ADULT ENTERTAINMENT ESTABLISHMENTS
Chapter 4.56 HOT TUB/SAUNA ESTABLISHMENTS
Chapter 4.57 FIREARMS DEALERS*
Chapter 4.58 NARCOTICS PARAPHERNALIA SALE AND DISPLAY*
Chapter 4.59 PET SHOPS*
Chapter 4.60 BUSINESS REGISTRATION PROGRAM
Chapter 4.62 CITYWIDE MINIMUM WAGE
Chapter 4.64 PERMITS FOR RETAILERS OF TOBACCO PRODUCTS
Title 5 HEALTH AND SANITATION*
Title 6 ANIMALS
Title 7 RESERVED
Title 8 TREES AND VEGETATION
Title 9 PUBLIC PEACE, MORALS AND SAFETY*
Title 10 VEHICLES AND TRAFFIC*
Title 11 ENVIRONMENTAL IMPACT PROCEDURE
Title 12 PUBLIC WORKS AND UTILITIES
Title 13 IMPROVEMENT PROCEDURE*
Title 14 RESERVED
Title 15 FIRE PREVENTION*
Title 16 BUILDING REGULATIONS*
Title 17 HAZARDOUS MATERIALS STORAGE*
Title 18 ZONING*
Title 19 MASTER PLAN*
Title 20 PRECISE PLANS*
Title 21 SUBDIVISIONS AND OTHER DIVISIONS OF LAND*
Title 22 PARKS*
ORDINANCE LIST AND DISPOSITION TABLE
Chapter 4.54
MASSAGE ESTABLISHMENTS
Sections:
   4.54.010   Purpose and intent.
   4.54.020   Definitions.
   4.54.030   Massage establishment permit required.
   4.54.040   Massage establishment permit application fee; renewal.
   4.54.050   Application for massage establishment permit.
   4.54.060   Massage technician permit required.
   4.54.065   Education requirements.
   4.54.070   Massage technician application fee.
   4.54.080   Application for massage technician permit.
   4.54.090   Massage technician trainee.
   4.54.100   Appeal.
   4.54.110   Massage establishment facilities and operations requirements.
   4.54.120   Inspection by officials.
   4.54.130   Business name.
   4.54.140   Business location change.
   4.54.150   Sale or transfer of massage establishment interest.
   4.54.160   Display of permits, permits.
   4.54.170   Exemptions.
   4.54.180   Grounds for denial, probation, and disciplinary action.
   4.54.190   Hearing.
   4.54.200   Application to existing establishments and technicians.
   4.54.210   Application of other code provisions.
4.54.010   Purpose and intent.
   It is the purpose and intent of this chapter to provide for the orderly regulation of massage establishments and massage technicians, as defined in this chapter, in the interests of the public health, safety, and welfare by providing certain minimum building, sanitation and health standards for massage establishments, and by providing certain minimum qualifications for the operators of massage establishments and for massage technicians and massage technician trainees. Unless otherwise indicated, the requirements of this Code shall not apply to massage practitioners and therapists certified by the California Massage Therapy Council (CAMTC) or establishments in which the owners and all practitioners are CAMTC certified.
(Ord. 5162 § 1, 2012; Ord. 2833 § 1 (part), 1974)
4.54.020   Definitions.
   (a)   For the purpose of this chapter, unless the context clearly requires a different meaning, the words, terms and phrases set forth in this section shall have the meanings given them in this section:
   (1)   “Massage” means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparations.
   (2)   “Massage technician” means any person who administers massages, baths or health treatments involving massage or baths as the principal functions to another person for any consideration whatsoever.
   (3)   “Massage technician trainee” means a student who works in a massage establishment under the supervision and direction of a massage technician who has received a permit issued under the provisions of this chapter.
   (4)   “Massage establishment” means any establishment with more than one massage technician having a fixed place of business where any, firm, association, partnership, corporation, joint venture or combination of individuals engages in, conducts, carries on or permits to be engaged in, conducted or carried on massages, baths or health treatments involving massage or baths, where massage is part of primary function of the business.
   (5)   “Sole Proprietor Massage establishment” means any owner-operated establishment having a fixed place of business where an individual, carries on or permits to be engaged in, conducted or carried on massages, baths or health treatments involving
massage or baths as the principal functions.
   (6)   “Recognized school of massage” means any school or institution of learning which teaches the theory, ethics, practice, profession and work of massage. The student shall possess a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning, and which school has been approved pursuant to California Education Code Section 29025, or, if said school is not located in California, has complied with standards commensurate with those required in said Section 29025. Any school or institution of learning offering or allowing correspondence course credit not requiring actual attendance at class, or courses of a massage technician not approved by the California State Department of Education shall not be deemed a "recognized school of massage."
   (7)   “Reflexology”. Reflexology is the application of specific pressure by the use of the practitioner's hands, thumb, and fingers to reflex points in the client's hands, feet, or ears using alternating pressure, and such techniques as thumb walking, finger walking, hook and back up, and rotation on a reflex.
   (8)   “Permit” means the permit to engage in the activities of a massage technician or a massage technician trainee as required by this chapter.
   (9)   “Person” means any individual, firm, association, partnership, corporation, joint venture or combination of individuals.
   (10)   “California Massage Therapy Council” (CAMTC) means the governing nonprofit board that is authorized to evaluate qualifications of massage therapists and issue certification in the State of California.
   (11)   “Accessory Technician Permit”. A technician who is not a sole proprietorship may be eligible to receive an accessory technician permit. This permit will allow massage to be conducted within a business that is not a massage establishment, provided the following requirements are met:
   (A)   The technician must provide the police department with sufficient evidence to demonstrate that he or she is an independent contractor or an employee of the business.
   (B)   The business is not in the regular business of providing massage.
   (C)   The technician must obtain a massage technician permit as required by section 4.54.060 of this code.
   (12)   “Noncertified massage practitioner”. A massage practitioner who performs massage in an open and common room without partitions, and the individual in receipt of the massage remains fully clothed and does not disrobe except below the knee. A noncertified practitioner must: (1) apply for and obtain a noncertified practitioner certificate; and (2) post the noncertified practitioner certificate in a conspicuous place in such a manner that it can be easily seen by persons entering the establishment.
   (13)   “Noncertified massage establishment permit”. A massage establishment permit issued to an establishment at which all the massage practitioners are noncertified practitioners. The same requirements applicable to massage establishment permits are applicable to noncertified massage establishment permits.
(Ord. 5161 § 2, 2012: Ord. 2833 § 1 (part), 1974)
4.54.030   Massage establishment permit required.
   (a)   Except as otherwise provided, it is unlawful for any person to engage in, conduct or carry on, in or upon any premises within the city the operation of massage establishment without a permit obtained from the chief of police, as required by this chapter. All requirements applicable to a massage establishment permit are applicable to a noncertified massage establishment permit. A massage establishment permit shall be issued to any person who has complied with the requirements of Sections 4.54.050 and 4.54.110 of this chapter, and all other applicable provisions of this code or state law, as applicable; unless grounds for denial of such permit are found to exist. In addition to those set forth in Section 4.04.140, grounds for denial include:
   (1)   The applicant made a material misstatement in the application for a permit;
   (2)   The applicant has, within five years immediately preceding the date of the filing of the application, been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under California Penal Code Section 290, or any violations of Sections 311 through 311.7, 313.1, 314, 315, 316, 318 or 647(a), 647(b), 647(d), or 647(h) of the California Penal Code, or of any offense involving theft of property or violence;
   (3)   That the operation of a massage establishment, as proposed by the applicant if permitted, would not comply with all applicable laws including, but not limited to, all city ordinances and regulations;
   (4)   That the operation of the proposed massage establishment is likely to be injurious to the health, safety, welfare, and interest of the people of the city;
   (5)   That the applicant is lacking in the background and qualifications to conduct a bona fide massage establishment; or
   (6)   That the applicant has violated any provision of this chapter, or of any similar ordinance, law, rule or regulation of another public agency which regulates the operation of massage establishments.
   (7)   That the CAMTC has revoked, suspended, or denied the applicant a permit.
(Ord. 5161 § 3, 2012: Ord. 3113 § 4, 1979: Ord. 2946 § 1, 1976: Ord. 2921 § 9, 1976: Ord. 2833 § 1 (part), 1974)
4.54.040   Massage establishment permit application fee; renewal.
   (a)   Any application for a permit to operate a massage establishment shall be accompanied by a nonrefundable fee as set forth in the municipal fee schedule. The application fee shall be used to defray, in part, the costs of investigation and report, and is not made in lieu of any other fees or taxes required under this code.
   (b)   A permit to operate a massage establishment shall be renewed annually. The renewal fee shall be as set forth in the municipal fee schedule. In addition, the massage technician must also submit valid identification, massage certification and a completed new permit application.
(Ord. 5161 § 4, 2012: Ord. 2960 § 27, 1976: Ord. 2921 § 1, 1976: Ord. 2833 § 1 (part), 1974)
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