Sections:
8.32.010 Purpose.
8.32.020 Definitions.
8.32.030 Certification by CMTC required for practitioners.
8.32.040 Massage practitioners - registration.
8.32.050 Massage establishments - must have Establishment Registration Certificate or operator permit.
8.32.060 Establishment Registration Certificate.
8.32.070 Operator permit.
8.32.080 Massage establishment inspection.
8.32.090 Requirements - all massage establishments.
8.32.100 Change of business name or location.
8.32.110 Sale or transfer of massage establishment or ownership interests.
8.32.120 Revocation or suspension - reasons.
8.32.130 Revocation or suspension - hearing procedure.
8.32.140 Business license required.
8.32.150 Exemptions.
8.32.160 Violations a misdemeanor and a nuisance.
In enacting these regulations the City Council recognizes that massage therapy is a viable professional field offering the public valuable health and therapeutic services. It is the purpose and intent of the City Council to protect the public health, safety, and welfare and ensure massage services are provided in a lawful and professional manner by doing the following: providing minimum qualifications for operators and practitioners of massage services; and providing minimum building, sanitation, and operation standards for massage services. The city intends to comply with and rely upon Section 4600 et seq. of the California Business and Professions Code, which was adopted as SB 731 by the Legislature in 2008.
(Ord. 2011-02 § 1(part), 2011)
For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
A. CMTC or CALIFORNIA MASSAGE THERAPY COUNCIL. The Massage Therapy Organization created pursuant to Section 4600.5 of the California Business and Professions Code and further defined in Section 4600(e) of that Code.
B. CERTIFICATE HOLDER. The holder of an Establishment Registration Certificate.
C. CERTIFIED MASSAGE ESTABLISHMENT. A massage establishment where each owner and each employee that provides massage is a Certified Massage Practitioner.
D. CERTIFIED MASSAGE PRACTITIONER. A massage practitioner certified by the CMTC as a Certified Massage Practitioner or as a Certified Massage Therapist pursuant to Section 4601(b) or 4601(c) of the California Business and Professions Code.
E. ESTABLISHMENT REGISTRATION CERTIFICATE. The Establishment Registration Certificate issued to a massage establishment pursuant to Section 8.32.060.
F. INSPECTOR. An individual designated by the Permit Administrator to conduct any inspections required or permitted under this chapter.
G. MASSAGE. Treatment of the superficial parts of the human body by therapeutic touching, rubbing, pressing, stroking, kneading, tapping, pounding, bathing, vibrating, manipulating or stimulating with the hand(s) or any instrument, in exchange for compensation such as payment, loan, donation, contribution, deposit, exchange, or gift of money or thing of value.
H. MASSAGE ESTABLISHMENT. Any business or premises, including a sole proprietorship, where massage is provided, whether at a fixed place or at a location designated by the patron.
I. MASSAGE PRACTITIONER. Any person who massages, excluding any person licensed under Business and Professions Code Sections 2135 through 2139 (medicine), 2630 or 2639 (physical therapy), 2732.1, 2733 or 2742 (nursing), or under the Chiropractic Initiative Act of 1922, as amended.
K. OUTCALL MASSAGE. Massage provided at any location other than a certified massage establishment.
L. OWNER or OPERATOR. Any of the following individuals:
1. The sole practitioner of a sole proprietorship operating a massage establishment.
2. Any general partner of a general or limited partnership that owns a massage establishment.
3. Any person who has ten (10) percent or greater ownership interest in a corporation that owns a massage establishment.
4. Any person who is a member of a limited liability company that owns a massage establishment.
5. All owners of any other type of business entity that owns a massage establishment.
M. PATRON. An individual not retained or employed by the massage establishment, that is receiving, waiting to receive, or that has just received massage services, but excluding law enforcement personnel or governmental officials performing governmental business.
N. PERMIT ADMINISTRATOR. The city employee designated by the City Manager to oversee the implementation and enforcement of this chapter.
O. PERMITTEE. The holder of an operator permit.
P. PERSON. All domestic and foreign individuals, corporations, associations, syndicates, partnerships, firms, joint ventures, limited liability companies, or combination of individuals.
Q. PRACTITIONER REGISTRATION CERTIFICATE. The practitioner registration certificate issued to certified massage practitioners pursuant to Section 8.32.040.
R. SOLE PROPRIETORSHIP. A business where the owner is the only person employed by that business to provide massage.
S. VISITOR. A person not retained or employed by the massage establishment and not receiving, waiting to receive, or that has just received massage services, but excluding law enforcement personnel or governmental officials performing governmental business.
(Ord. 2011-02 § 1(part), 2011)
Any Certified Massage Practitioner practicing massage within the city shall be required to register with the Permit Administrator as provided in this section. There shall be no fee for the registration application or certificate, or any amendment thereof.
A. Application. The registration application shall include the Certified Massage Practitioner's name, residence address and telephone number, employer name, work address and telephone number, and a copy of the Certified Massage Practitioner's current certification from the CMTC as either a Certified Massage Practitioner or as a Certified Massage Therapist pursuant to Section 4601(b) or 4601(c) of the California Business and Professions Code.
B. Application Fee. There shall be no fee to apply for the practitioner registration certification.
C. Registration Certificate - Issuance and Renewal. Upon receipt of a completed application, the Permit Administrator shall issue to the Certified Massage Practitioner a Practitioner Registration Certificate, valid for one (1) year from the date of issuance. Upon application by the Certified Massage Practitioner, the practitioner registration certificate shall be renewed annually as long as the Certified Massage Practitioner is practicing massage.
D. Notice of Denial - Appeal. If an application for a practitioner registration certificate is denied, the Permit Administrator shall serve on the applicant, in the manner provided in Section 8.24.050 of this code, a written notice of denial which shall specify the grounds for the denial and shall indicate the appeal procedures as set forth in Section 8.32.130 of this code.
E. Registration Certificate - Amendment. A Certified Massage Practitioner that has received a city registration certificate must apply to the Permit Administrator to amend the practitioner registration certificate within thirty (30) business days after any change in the registration information, including but not limited to a change in work address.
(Ord. 2011-02 § 1(part), 2011)
It is unlawful for any person or persons to operate a massage establishment within the city without first obtaining an Establishment Registration Certificate or an operator permit.
(Ord. 2011-02 § 1(part), 2011)
No certified massage establishment shall operate within the city without first obtaining an Establishment Registration Certificate under this section.
A. Application. All owners of the certified massage establishment, or their duly authorized agent, shall file an application for an Establishment Registration Certificate on a form provided by the Permit Administrator. For purposes of this section, the “applicant” for the Establishment Registration Certificate shall refer to and include each and every owner of the massage establishment. The application shall include the following information:
1. The name, address, and telephone number of the certified massage establishment.
2. The name, residence address and telephone number, and business address and telephone number of the certified massage establishment owner(s) applying for the Establishment Registration Certificate.
3. The form of business under which the applicant will be conducting the massage establishment, i.e., corporation, general or limited partnership, limited liability company, or other legal entity. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of its officers, directors, and each shareholder holding more than ten percent (10%) of the stock of the corporation. If the applicant is a general or limited partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this Section pertaining to a corporate applicant shall apply. If the applicant is a limited liability company, the application shall set forth the name and residence address of each of the members. If one or more of the members is a partnership, limited liability company, or corporation, the provisions of this section pertaining to a partnership, limited liability company, or corporate applicant shall apply, as applicable.
4. The name and address of the owner of the real property upon, in, or from which the certified massage establishment is to be operated. In the event the applicant is not the legal owner of the property as shown on the latest county assessment roll, the application shall be accompanied by a copy of any written lease between the applicant and the property owner authorizing the use of the premises for a massage establishment, or, alternatively, if there is no written lease, then a written, notarized acknowledgment from the property owner that the property owner has been advised that a massage establishment will be operated by the applicant upon, in, or from the property owner's property.
5. A description of the proposed certified massage establishment, including the type of treatments to be administered.
6. For each person that the certified massage establishment does or will employ or retain to perform massage, a copy of that person's current certification from the CMTC as a Certified Massage Practitioner or as a Certified Massage Therapist and a copy of that person's CMTC identification card.
7. For each owner of the certified massage establishment, a copy of that person's current certification from the CMTC as a Certified Massage Practitioner or as a Certified Massage Therapist and a copy of the person's CMTC identification card.
B. Application fee. There shall be no fee to apply for the establishment registration certification.
C. Massage establishment facilities and operations. A certified massage establishment shall comply with the requirements of Section 8.32.090, with one exception for sole proprietorships: the provisions of Sections 8.32.090(A)(2) and 8.32.090(B)(1) - (3) shall not apply to a certified massage establishment which is a sole proprietorship, even if that sole proprietorship is located in a suit of offices with other businesses.
D. Issuance or denial.
1. The Permit Administrator shall grant an Establishment Regulation Certificate to an applicant who has satisfied the requirements of this section and all other applicable laws, including, but not limited to, the city's building, zoning, and health regulations.
2. Where the applicant is not the record owner, as shown on the latest county assessment roll, of the property upon, in, or from which the certified massage establishment is to be operated, then upon issuance of an Establishment Registration Certificate, the Permit Administrator may send a written notice to the property owner advising of the issuance of the certificate and of the regulations applicable to the certified massage establishment and the property pursuant to this chapter. Any other notices sent to the applicant pursuant to this chapter at any time before or after issuance of the Establishment Registration Certificate may also be sent to the property owner.
E. Notice of Denial - Appeal. If an application for an Establishment Registration Certificate is denied, the Permit Administrator shall serve on the applicant, in the manner provided in Section 8.24.050 of this code, a written notice of denial which shall specify the grounds for the denial and shall indicate the appeal procedures as set forth in Section 8.32.130 of this code.
F. Display of Establishment Registration Certificate. Each holder of an Establishment Registration Certificate shall display that certificate in an open and conspicuous place on the premises visible from the entrance and/or reception and waiting area of the massage establishment.
G. Term. An Establishment Registration Certificate issued pursuant to the terms of this chapter shall be valid for a term of one (1) year from the date of issuance, and, unless suspended or revoked, shall be renewed annually so long as the massage establishment is operating within the city.
H. Requirement to amend application. In addition to the requirements of Sections 8.32.100 and 8.32.110, whenever the information provided in the application for an Establishment Registration Certificate on file with the city changes, for example by a change in employees, the operator shall, within ten (10) business days after such change, file an amendment to the Establishment Registration Certificate application with the Permit Administrator to reflect such change.
I. Violations.
1. Operator responsible for employees. For the purpose of enforcing the requirements of this chapter, the operator shall be responsible for the conduct of all massage employees, agents, independent contractors, or other representatives while such persons are on the premises of the certified massage establishment or providing outcall massage services on behalf of the certified massage establishment.
2. Revocation. An Establishment Registration Certificate may be suspended or revoked by the Permit Administrator as provided in Section 8.32.120. Upon revocation, the certified massage establishment shall immediately cease operation, and, if so ordered by the Permit Administrator, no other massage establishment shall be permitted to operate at that location by any person for a period of not less than one (1) year. If the operator is not also the legal owner of the real property on which the massage establishment is situated, notice of such revocation and the one-year prohibition shall be provided by the Permit Administrator to the owner of record of the property as shown on the latest county assessment roll.
3. Cumulative remedies. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
(Ord. 2011-02 § 1(part), 2011)
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