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(A) It is the purpose and intent of this chapter to provide for the orderly regulation of the massage/bodywork businesses and massage practitioners in the city.
(1) The city recognizes massage is a viable professional field offering the public health and therapeutic services, including but not limited to, massage and bodywork therapies. The permit requirements and restrictions imposed by this chapter are reasonably necessary to protect the health, safety and welfare of the citizens of the city.
(2) This chapter establishes minimum standards for massage and bodywork practitioners and their business establishments so as to protect and safeguard the public health, safety and welfare.
(3) The city is authorized, by virtue of the California Constitution and Cal. Gov't Code §§ 51030 et seq., to regulate massage establishments by imposing reasonable standards relative to the skill and experience of massage operators and massage practitioners and reasonable conditions on the operation of massage establishments.
(B) It is the purpose and intent of the city that massage/bodywork establishments and persons offering such services be regulated so as to ensure that such persons possess the minimum qualifications necessary to operate such businesses and to perform the services offered, and to ensure that those offering these services conduct their work in a lawful and professional manner, and comply with required building, sanitation, and health standards.
(C) There is significant risk of injury to massage clients by improperly trained and/or educated massage practitioners and this chapter provides reasonable safeguards against injury and economic loss.
(D) There is opportunity for acts of prostitution and other unlawful sexual activity to occur in massage establishments. Courts have long recognized that massage is a pervasively regulated activity and that massage establishments are often brothels in disguise. The establishment of reasonable standards for issuance of permits and restrictions on operations would serve to reduce the risk of illegal activity without significantly burdening legitimate businesses.
(E) The restrictions and requirements contained in this chapter reduce the burdens on the Police Department and permit the deployment of police personnel such that more serious crimes may be prevented and more important laws enforced.
(F) The regulations and restrictions contained in this chapter tend to discourage massage establishments from degenerating into houses of prostitution and the means utilized in this chapter bear a reasonable and rational relationship to the goals sought to be achieved.
(Ord. 2006-003, passed 3-13-06; Am. Ord. 2008-004, passed 3-10-08)