SEC. 29.4. TRANSFER OF PERMIT; SALE OF MASSAGE BUSINESS.

   (a)   No permit issued under this Article 29 shall be transferable under any circumstances, including but not limited to the sale of the Massage Business.

   (b)   Upon the effective date of the sale of a Massage Business, the permit for the Massage Business shall expire by operation of law. If a permittee sells a Massage Business, the permittee shall promptly surrender the permit to the Director no later than the effective date of the sale. This obligation is not dependent on the Director’s requesting the surrender, but arises by operation of law as a result of the sale of the Massage Business. If the permittee fails to surrender the permit to the Director as required by this subsection (b), the Director may, after giving the permittee notice by mail or electronically of the proposed action and an opportunity to respond, establish that the permit has expired by operation of law and hence is not a valid permit, and that it must be surrendered.

(Added by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015; amended by Ord. 272-18, File No. 180757, App. 11/20/2018, Eff. 12/21/2018)

(Former Sec. 29.4 added as Sec. 1903 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; redesignated as Sec. 29.12 and amended by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)

SEC. 29.5. DEFINITIONS.

   For the purposes of this Article 29:

   "Approved School" or "Approved Massage School" means a school that provides instruction and training in massage and meets the requirements of California Business and Professions Code Section 4601(a).

   "CAMTC" means the California Massage Therapy Council as established in California Business and Professions Code Section 4602, or any successor agency.

   "CAMTC Certified Practitioner" means an individual who administers massage for compensation and holds a valid and active certificate to practice massage issued by CAMTC pursuant to California Business and Professions Code Sections 4604 or 4604.2.

   "City" means the City and County of San Francisco.

   "Compensation" means a payment, loan, advance, donation, contribution, deposit, forgiveness of debt, or gift of money or anything of value.

   "Convicted" means having pled guilty or having received a verdict of guilty, including a verdict following a plea of nolo contendere, to a crime.

   "Department" means Department of Public Health.

   "Director" means the Director of the Department of Public Health or any individual designated by the Director to act on his or her behalf.

   “Inspector” means a Department employee responsible for conducting inspections on behalf of the Department.

   "Massage" means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external soft pads of the body with the hands or with the aid of any apparatus or appliance.

   “Massage Business” means Massage Establishment, Outcall Massage Service, and Sole Practitioner Massage Establishment, collectively.

   "Massage Establishment" means a fixed place of business where more than one individual administers Massage for Compensation, excluding those locations where Massage is provided only on an outcall basis.

   “Massage Practitioner” means any individual who administers Massage for Compensation pursuant to a permit issued by the Director under this Article 29.

   "Outcall Massage Service" means any business other than a Massage Establishment or Sole Practitioner Massage Establishment that provides Massage for Compensation at a location designated by the client rather than on its premises.

   "Owner" means any individual, partnership, firm, association, corporation, or combination of individuals of whatever form or character with an ownership interest in a business that provides Massage services.

   "Sole Practitioner" means a Massage Practitioner permit holder or CAMTC Certified Practitioner who provides Massage for Compensation without any partners, associates, or employees, and absent any business relationship with a Massage Establishment.

   “Sole Practitioner Massage Establishment” means a fixed place of business solely owned by a Massage Practitioner permit holder or CAMTC Certified Practitioner, which individual is the only person who provides Massage for Compensation. The business location may be shared by up to two Massage Practitioners or CAMTC Certified Practitioners in any combination, except as otherwise provided pursuant to Section 29.29(e).

(Added as Sec. 1900 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated as Sec. 29.1 and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; redesignated and amended by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015; amended by Ord. 272-18, File No. 180757, App. 11/20/2018, Eff. 12/21/2018)

(Former Sec. 29.5 added as Sec. 1904 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; amended by Ord. 75-14 , File No. 140226, App. 5/28/2014, Eff. 6/27/2014; redesignated as Sec. 29.13 and amended by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)

SEC. 29.6. ACCESS TO SUMMARY CRIMINAL HISTORY INFORMATION.

   The Director is authorized to access local, state, and federal level summary criminal history information for licensing, permitting, and/or certification of Massage Businesses and Massage Practitioners, and for the suspension or revocation of licenses, permits, and/or certification of Massage Businesses and Massage Practitioners, and may not disseminate the information to a private entity.

(Added by Ord. 272-18, File No. 180757, App. 11/20/2018, Eff. 12/21/2018)

(Former Sec. 29.6 added as Sec. 1905 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated and amended by Ord. 266-13, File No. 130789, App. 11/27/2013, Eff. 12/27/2013; redesignated as Sec. 29.15 and amended by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)

SEC. 29.7. [REDESIGNATED.]

(Added as Sec. 1906 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; redesignated as Sec. 29.16 and amended by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)

SEC. 29.8. [REDESIGNATED.]

(Added as Sec. 1907 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; redesignated as Sec. 29.18 by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)

SEC. 29.9. [REPEALED.]

(Added by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; repealed by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)

MASSAGE PRACTITIONER PERMITS

SEC. 29.10. PERMIT REQUIRED FOR MASSAGE PRACTITIONER; EXEMPTIONS.

   (a)   Permit Required. It shall be unlawful for any individual to administer Massage for Compensation without first obtaining a Massage Practitioner permit from the Director, unless that individual is exempt from the permit requirement under subsection (b).

   (b)   Exemptions. The following massage service providers are exempt from the permit requirement in subsection (a):

      (1)   CAMTC Certified Practitioners. A CAMTC Certified Practitioner shall be ineligible for a Massage Practitioner Permit so long as he or she holds a CAMTC certification.

      (2)   Physicians, surgeons, chiropractors, osteopaths, nurses, or any physical therapists, who are duly licensed to practice their respective professions in the State of California and persons working directly under the supervision of or at the direction of such licensed persons, working at the same location as the licensed person, and administering massage services subject to review or oversight by the licensed person.

      (3)   Barbers and cosmetologists who are duly licensed under the laws of the State of California, while engaging in practices within the scope of their licenses, and limited to the massaging of the neck, face, scalp, hands, or feet of the clients.

      (4)   Employees of hospitals, nursing homes, mental health facilities, or any other health facilities duly licensed by the State of California, while acting within the scope of their employment.

   (c)   Notwithstanding any provision in this Article 29, starting January 1, 2019, a person may not file and the Department may not accept an application for a Massage Practitioner Permit.

      (1)   The Department shall process and may grant in accordance with this Article 29 any applications for Massage Practitioner Permits filed before January 1, 2019, even if some or all of the processing occurs on or after January 1, 2019.

      (2)   This subsection (c) shall not affect the status of Massage Practitioner Permits issued before January 1, 2019, or those issued under subsection (c)(1) on or after January 1, 2019.

(Added as Sec. 1901 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated as Sec. 29.2 and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; redesignated and amended by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015; amended by Ord. 272-18, File No. 180757, App. 11/20/2018, Eff. 12/21/2018)

(Former Sec. 29.10 added as Sec. 1908 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; redesignated as Sec. 29.25 by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)