Chapter 5.20 MASSAGE ESTABLISHMENTS, MASSAGE THERAPISTS AND MASSAGE THERAPY

A. The purpose of this chapter is to protect the public’s health and safety and the personal safety of massage therapists through the establishment of certain licensing standards pertaining to massage therapy business activities within the city and to recognize massage therapy as a legitimate business occupation and health enhancement service.

B. This chapter is not intended to permit any of the following uses, conduct, and/or activities which are specifically prohibited under the following California Penal Code sections:

1. Section 266(d) which prohibits receipt of money for placement of any person for purposes of cohabitation;

2. Section 266(e) which prohibits the purchase of any person for purposes of prostitution or placement of any person for immoral purposes;

3. Section 266(f) which prohibits the sale of any person for immoral purposes;

4. Section 266(h) which prohibits pimping;

5. Section 266(i) which prohibits pandering;

6. Section 314 that prohibits lewd or obscene conduct;

7. Section 315 that prohibits houses of ill-fame;

8. Section 316 that prohibits disorderly houses which disturb the immediate neighborhood;

9. Section 317 that prohibits places of prostitution;

10. Section 11225 which prohibits places of prostitution, places of lewdness, or places used as a bathhouse permitting conduct capable of transmitting AIDS; and

11. Section 647(a) that prohibits lewd conduct.

C. This chapter is not intended to apply to cosmetologists, barbers, or to persons licensed to practice any healing under the provisions of Division 2 (commencing with Section 500) of the California Business and Professions Code where such persons are solely providing certain massage therapy services which are specifically exempted from local regulation pursuant to state law. This chapter, however, shall apply to those above-mentioned practitioners who intend to provide any massage therapy services that are beyond the scope of the massage therapy services specifically exempted from local regulation by state law. [Ord. 254 § 3, 2006; Code 1990 § 6.17.01.]

5.20.020 General definitions.

A. The following words and phrases when used in this chapter shall, for the purposes of this chapter, have the meanings ascribed to them in this section:

“Certified copy” means a copy of a document that is certified by the issuer as being a true and accurate copy of the original document or a similar document bearing an original signature of the issuer.

“Certified statement” means a written assertion, claim or declaration bearing the original signature of the issuer.

“City” means the city of Calimesa.

“City manager” means the city manager of the city of Calimesa.

“Client” means any person who receives a massage in exchange for any form of consideration including, but not limited to, the payment of money.

“Communicable disease” means tuberculosis, or any disease which may be transmitted from a massage therapist to a client through normal physical contact during the performance of any massage service as permitted under this chapter.

“Complete application” means an application which provides all of the requisite information required to be provided by an applicant pursuant to this chapter and is accompanied by the requisite application deposit fees.

“Director” means the director of community development.

“Employee” means a person who works for any permittee, regardless of whether or not said person is paid a salary, wage or other compensation by the permittee.

“Establishment” means any of the following:

A. The opening or commencement of a massage therapy related business as a new business or as an accessory use to an existing business;

B. The conversion of an existing business, whether or not it is a massage therapy business, to any other type of massage therapy business as defined in this chapter;

C. The relocation of any massage therapy business to any other location; or

D. The substantial enlargement of an existing massage therapy business.

“Filing date of application” means the date on which the city determines that a complete application has been submitted to the city by the applicant.

“Full nudity” or “semi-nudity” means any of the following:

A. The appearance or display of an anus, male or female genital, pubic region, or a female breast below a point immediately above the top of the areola; and/or

B. A state of undress which less than completely and opaquely covers an anus, male or female genital, pubic region or a female breast below a point immediately above the top of the areola.

“Massage” means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the human body, excluding any specified anatomical area other than the gluteal region, with the hands or with the aid of any mechanical or electrical apparatus or appliances, with or without supplementary aids such as creams, ointments, or other similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefor.

“Massage therapist” means an individual who has obtained a permit as required by this chapter to engage in the practice of massage for compensation, whether in a massage establishment as an employee or independent contractor or on an outcall massage therapy basis.

“Massage therapy establishment” or “massage establishment” means any commercial establishment with one or more employees having a source of income or compensation derived from the practice of massage and which has a fixed place of business and a valid city business license.

“On-site manager” means the person who supervises, directs or manages the employees including, but not limited to, all massage therapists performing massage therapy services at a massage therapy establishment.

“Operator” means any of the following:

A. Owner;

B. Permit holder;

C. Custodian;

D. Manager; or

E. Person in charge of any massage therapy establishment.

“Outcall massage therapist” means any individual who engages in or performs massages for consideration at a remote and not at a fixed location.

“Permit” means a massage therapy permit as required by this chapter that is a written license to engage in the practice of massage for compensation, whether as a massage therapy establishment, an outcall massage therapist or a personal massage therapist authorized to perform massage therapy as an employee or independent contractor at a massage therapy establishment.

“Permittee” means the person in whose name a permit to operate or perform certain massage therapy business activities has been issued pursuant to this chapter, whether for the operation of a massage therapy establishment or an outcall massage therapy service or as a personal massage therapist.

“Person” means any of the following:

A. An individual;

B. A proprietorship;

C. A partnership;

D. A corporation;

E. An association; or

F. Any other legal entity.

“Personal massage therapist” means any person who is permitted under this chapter to perform massage activities as an employee of a massage therapy establishment or an independent contractor at a massage therapy establishment.

“Police chief” means the chief of the police of the city of Calimesa.

“Reception area” means the area of a massage therapy establishment where clients or other persons enter the business and are greeted and/or received by the operator, personal massage therapist and/or other employee of said business, or otherwise check in for their massage therapy sessions.

“Recognized school of massage” means any school or educational institution licensed or approved by the state in which it is located, whose purpose it is to upgrade the professionalism of massage therapists and which teaches the theory, ethics, practice, profession or work of massage and which requires a resident course of study before the student shall be furnished with a diploma or a certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning. Schools offering a correspondence course not requiring actual attendance shall not be deemed a recognized school.

“Specified anatomical area” means human genitals, pubic region, anus, or a female breast below a point immediately above the top of the areola.

“Specified sexual activities” means any of the following:

A. The fondling or other erotic touching of human genitals, pubic region, anus, or female breasts;

B. Sex acts, normal or perverted, actual or simulated, including, but not limited to, intercourse, oral copulation, masturbation, or sodomy; or

C. Excretory functions as part of or in connection with the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, or sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy.

“Stand-alone massage therapy establishment” means a massage therapy establishment that is operated as the predominant business activity on the subject premises rather than as an accessory use to a barbershop, beauty salon, hotel or resort, or any other type of business.

“Transfer of ownership or control of a massage therapy establishment” means any of the following, whether voluntary or involuntary: (A) the sale, lease or sublease of the business; (B) the transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or (C) the establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.

B. Where terms are not specifically defined in this chapter, in the municipal code, in any applicable statute, rule, code or regulation, or in any of the uniform codes adopted and incorporated by reference by the municipal code, they shall have the meanings set forth in their ordinary accepted meanings within the context with which they are used. The most current edition of Webster’s Third New International Dictionary of the English Language, Unabridged, shall be construed as providing ordinary accepted meanings for any duly adopted city policy or regulation described in this chapter.

C. Words used in the singular include the plural and the plural the singular.

D. Words used in the masculine gender include the feminine gender and the feminine gender the masculine. [Ord. 254 § 3, 2006; Code 1990 § 6.17.02.]

5.20.030 Massage therapy permits required.

A. A person may operate, maintain, run, or manage a massage therapy establishment only if that person has been validly issued a massage therapy establishment permit by the city pursuant to this chapter for the subject massage therapy establishment.

B. A person may perform, practice, administer, or conduct massages in exchange for money, gratuities, or any other legal consideration at a massage therapy establishment only if that person has been validly issued a personal massage therapist permit by the city pursuant to this chapter for the subject massage therapy establishment.

C. A person may operate, maintain, run, or manage an outcall massage therapy service only if that person has been validly issued an outcall massage therapist permit by the city pursuant to this chapter for the subject outcall massage services.

D. A person may perform, practice, administer, or conduct massages in exchange for money, gratuities, or any other legal consideration at their residence only if that person has been validly issued a personal massage therapist permit and a home occupation permit by the city pursuant to the applicable regulations for the subject personal massage services.

E. The provisions set forth in this section apply to the establishment, as defined in CMC 5.20.020, of any massage therapy establishment or outcall massage therapy service. [Ord. 254 § 3, 2006; Code 1990 § 6.17.03.]

5.20.040 Location.

Massage therapy establishments may be located as a stand-alone use or as an accessory use to a barber shop, beauty parlor, or professional office use in any land use zone in which barber shops and/or beauty parlors and professional office uses are permitted or conditionally permitted; provided, that the proposed location of the massage therapy establishment is not located within 300 feet of a parcel upon which an adult-oriented business is located, which shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. [Ord. 254 § 3, 2006; Code 1990 § 6.17.04.]

5.20.050 Special massage therapy events permit.

A. When extra massage therapists are required for a one-day special event at a massage therapy establishment permitted to operate in the city pursuant to this chapter, the permittee shall supply the city with the following information on an application provided by the city:

1. The name of the applicant;

2. The address of the special event;

3. A copy of the massage therapy establishment permit validly issued by the city pursuant to this chapter;

4. A list of the massage therapists who will be working at the special event;

5. Copies of each massage therapist’s diploma or certificate of graduation from a recognized school of massage verifying that the massage therapist has completed at least 100 hours of massage therapy training;

6. Copies of any validly issued massage therapy license or permit the participating massage therapists may have from other cities;

7. A declaration signed under penalty of perjury by each participating massage therapist that he or she does not have any communicable disease which is capable of being transmitted to clients through the kind of physical contact normally associated with the massage activities described in this chapter;

8. A declaration signed under penalty of perjury by each participating massage therapist that provides that he or she has not been convicted of any of the following:

a. Pandering as set forth in California Penal Code Section 266(i);

b. Keeping or residing in a house of ill-fame as set forth in California Penal Code Section 315;

c. Keeping a disorderly house as set forth in California Penal Code Section 316;

d. Prevailing upon a person to visit a place of illegal gambling or prostitution as set forth in California Penal Code Section 318;

e. Lewd conduct as set forth in California Penal Code Section 647(a); or

f. Prostitution activities as set forth in California Penal Code Section 647(a) or (b);

9. A declaration signed under penalty of perjury by each participating massage therapist that provides that he or she has not been convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses set forth in California Penal Code Section 266(i), 315, 316, 318, or 647(a) or (b);

10. A declaration signed under penalty of perjury by each participating massage therapist that provides that the applicant is not required to register as a sex offender as set forth in California Penal Code Section 290;

11. A declaration signed under penalty of perjury by each participating massage therapist that provides that he or she has not been convicted of any felony offense involving the sale of any controlled substance specified in California Health and Safety Code Section 11054, 11055, 11056, 11057, or 11058; and

12. A declaration signed under penalty of perjury by each participating massage therapist that provides that he or she has not been convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as a felony offense involving the sale of any controlled substance specified in California Health and Safety Code Section 11054, 11055, 11056, 11057, or 11058.

B. Each participating massage therapist shall provide the police department with the current processing fee and with the authorization to conduct the necessary background investigations to determine the truthfulness and correctness of the information provided by the applicant.

C. All of the above information shall be submitted to the city at least seven days prior to the date of the special event.

D. The applicant shall pay an application deposit fee of $100.00 for each one-day permit at the time of filing an application pursuant to this chapter. If additional funds are necessary to cover the above costs, the applicant shall pay such additional costs to the city before further processing of the application may proceed. Any unused portion of the deposit shall be refunded to the applicant.

E. Grounds for denial of the special event permit shall include any of the grounds for denial set forth in CMC 5.20.150(A) or grounds for suspension and revocation set forth in CMC 5.20.430(B).

F. The decision of the city manager or his or her designee shall be final.

G. Nothing in this section shall be construed to permit such massage therapists to perform or conduct any massage therapist activities at any other location in the city at any other time, unless such massage therapist has obtained a validly issued massage therapist permit pursuant to this chapter. [Ord. 254 § 3, 2006; Code 1990 § 6.17.05.]

5.20.060 Temporary personal and outcall massage therapist permits.

A. The city manager or his or her designee may issue a temporary massage therapy permit to any person whose application is pending for a personal or outcall massage therapy permit pursuant to this chapter; provided, that the applicant has a personal or outcall massage therapy permit validly issued by another jurisdiction which has permit provisions comparable to the permit provisions of this chapter.

B. Comparable provisions shall include, but not be limited to, the fingerprinting, medical clearance and background clearance requirements set forth in this chapter.

C. All temporary permits shall automatically expire 30 days after the date of issuance of the subject temporary permit or on the date a decision is made by the city manager, or his or her designee, on the respective massage therapy permit application, whichever occurs first. The city manager shall have the discretion to extend the term of any temporary permit an additional 30 days; provided, that the entire term of the subject temporary permit does not exceed a total period of 90 days.

D. The decision of the city manager shall be final. [Ord. 254 § 3, 2006; Code 1990 § 6.17.06.]

5.20.070 Consent.

By applying for a permit under this chapter, the applicant shall be deemed to have consented to the provisions of this chapter and to the exercise by the city’s officials, representatives and employees charged with implementing and/or enforcing the provisions set forth in this chapter. [Ord. 254 § 3, 2006; Code 1990 § 6.17.07.]

5.20.080 Certificate of occupancy.

No certificate of occupancy shall be issued for any newly constructed structure or substantial expansion or enlargement of a structure that will contain a massage therapy establishment until a massage therapy establishment permit has been validly issued for the subject premises pursuant to this chapter. [Ord. 254 § 3, 2006; Code 1990 § 6.17.08.]

5.20.090 Business license.

No business license shall be issued to any person for any massage therapy business unless such person has first obtained a validly issued massage therapy establishment permit or an outcall massage therapy permit pursuant to this chapter. [Ord. 254 § 3, 2006; Code 1990 § 6.17.09.]

5.20.100 City manager’s responsibilities.

The city manager or his or her designee shall be responsible for granting or denying all massage therapy permits described in this chapter, and such permits shall only be granted or denied pursuant to the provisions described herein or any other applicable law. [Ord. 254 § 3, 2006; Code 1990 § 6.17.10.]

5.20.110 Massage therapy establishment permit application.

A. An application for a massage therapy establishment permit shall be made on a form provided by the city.

B. The following information and the following documents must be submitted with all applications for massage therapy establishment permits:

1. If the applicant is:

a. An individual, the applicant shall provide his/her legal name, any aliases, and date of birth;

b. A partnership, the applicant shall provide the complete name of the partnership, the legal names of all the general partners, any aliases, and dates of birth;

c. A corporation, the applicant shall provide the complete name of the corporation, the legal names and any aliases, dates of birth and capacity of all officers;

2. The name of the business;

3. The name of the prospective on-site manager, if different from the applicant;

4. The location of the proposed massage therapy establishment, including a legal description of the property, street address, and telephone number(s) currently in service;

5. The applicant’s home and/or business address and the home and/or business address of the prospective on-site manager if other than the applicant;

6. A recent photograph of the applicant and the prospective on-site manager if other than the applicant;

7. Driver’s license number or identification number of the applicant and the prospective on-site manager if other than the applicant;

8. The applicant’s and the prospective on-site manager’s, if other than the applicant, fingerprints taken by the police department or other law enforcement agency within the previous 60 days, and approved by the police chief;

9. The applicant’s and the prospective on-site manager’s, if other than the applicant, Social Security numbers and/or state or federally issued tax identification number;

10. The previous addresses of the applicant and the prospective on-site manager, if other than the applicant for the 10 years prior to the date of the application and the dates of residency at each such address;

11. The names, addresses and descriptions of all current and former businesses owned, operated or managed by the applicant and prospective on-site manager, if other than the applicant, for the 10 years prior to the date of the application and the dates the applicant and the prospective on-site manager owned, operated or managed such business;

12. If the application is for a stand-alone massage therapy establishment, a sealed certified transcript and a certified copy of the applicant’s or prospective on-site manager’s (if other than applicant) diploma or certificate of graduation from a recognized school of massage verifying that the applicant has completed at least 600 hours of massage therapy training;

13. A list of all of applicants’ and prospective on-site managers’, if other than the applicant, convictions, excluding traffic violations;

14. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, that provides that the declarant has not been convicted of any of the following:

a. Pandering as set forth in California Penal Code Section 266(i);

b. Keeping or residing in a house of ill-fame as set forth in California Penal Code Section 315;

c. Keeping a disorderly house as set forth in California Penal Code Section 316;

d. Prevailing upon a person to visit a place of illegal gambling or prostitution as set forth in California Penal Code Section 318;

e. Lewd conduct as set forth in California Penal Code Section 647(a); or

f. Prostitution activities as set forth in California Penal Code Section 647(b);

15. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, that provides that the declarant has not been convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses set forth in California Penal Code Section 266(i), 315, 316, 318, or 647(a) or (b);

16. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, that provides that the declarant is not required to register as a sex offender as set forth in California Penal Code Section 290;

17. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, that provides that the declarant has not been convicted of any felony offense involving the sale of any controlled substance specified in California Health and Safety Code Section 11054, 11055, 11056, 11057, or 11058;

18. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, that provides that the declarant has not been convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as a felony offense involving the sale of any controlled substance specified in California Health and Safety Code Section 11054, 11055, 11056, 11057, or 11058;

19. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, regarding whether the declarant has had a previous massage therapy establishment permit, an outcall massage therapist permit, a personal massage therapist permit or any other massage permit issued pursuant to this chapter or any other similar massage permit ordinance of the city or other jurisdiction, which was denied, suspended or revoked; and if any such denial, suspension or revocation occurred, the declarant shall provide the name and location of the massage establishment for which the license or permit was denied, suspended or revoked, the date of the denial, suspension or revocation, and the reason or reasons for the denial, suspension or revocation;

20. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, regarding whether the declarant has been a sole proprietor, general partner, officer, or director of any massage establishment or other massage business that has had a previous massage establishment permit or other massage permit issued pursuant to this chapter or any other similar massage ordinance of the city or other jurisdiction which was denied, suspended or revoked; and if any such denial, suspension or revocation occurred, the declarant shall provide the name and location of the massage establishment or business for which the permit was denied, suspended or revoked, the date of the denial, suspension or revocation, and the reason or reasons for the denial, suspension or revocation;

21. A certified statement from the real property owner authorizing the proposed use of the premises as a massage establishment; and

22. A sketch or diagram showing the configuration of the premises of the massage establishment, drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches, including a statement of total floor space occupied by the massage establishment.

C. The applicant shall provide proof of legal title or a possessory or leasehold interest in the real property upon which the proposed massage establishment will be operated.

D. The applicant and the prospective on-site manager, if other than the applicant, shall provide the police department with the current processing fee and with the authorization to conduct the necessary background investigations to determine the truthfulness and correctness of the information provided by the applicant and to determine whether the applicant is qualified pursuant to this chapter to receive the requested massage therapy establishment permit.

E. The applicant and the prospective on-site manager, if other than the applicant, shall date and sign the application under penalty of perjury that the information contained in the application is true and correct.

F. The applicant shall pay an application deposit fee of $200.00 at the time of filing an application pursuant to this section, to pay for the administrative costs associated with the review of the application. If additional funds are necessary to cover the above costs, the applicant shall pay such additional costs to the city before further processing of the application may proceed. Any unused portion of the deposit shall be refunded to the applicant. [Ord. 254 § 3, 2006; Code 1990 § 6.17.11.]

5.20.120 Personal massage therapist permit application.

A. An application for a personal massage therapist permit shall be made on a form provided by the city.

B. The following information and the following documents must be submitted with all applications for personal massage therapist permits:

1. The applicant’s legal name, any aliases and date of birth;

2. The name of the applicant’s massage therapy establishment employer or prospective massage therapy establishment employer;

3. The applicant’s home and business addresses;

4. The previous home addresses of the applicant for the 10 years prior to the filing date of the application and the dates of residency at each such address;

5. The names, addresses and descriptions of all current and former businesses owned, operated or managed by the applicant for the 10 years prior to the filing date of the application and the dates the applicant owned, operated or managed such business;

6. A recent photograph of the applicant;

7. The applicant’s driver’s license number or identification number;

8. The applicant’s fingerprints taken by the police department or other law enforcement agency within the previous 60 days, and approved by the police chief;

9. The applicant’s Social Security number and/or state or federally issued tax identification number;

10. Certified copy of the applicant’s diploma or certificate of graduation from a recognized school of massage and a sealed certified transcript verifying that the applicant has completed at least 100 hours of massage therapy training;

11. A certified statement from a physician licensed to practice medicine in the United States that provides that the applicant has, within 60 days prior to the filing date of the application, been examined by said physician and it has been determined that the applicant is free of any communicable disease which is capable of being transmitted to clients through the physical contact that is normally associated with the massage activities described in this chapter;

12. A list of all of the applicant’s convictions, excluding traffic violations;

13. A declaration signed under penalty of perjury by the applicant that provides that the applicant has not been convicted of any of the following:

a. Pandering as set forth in California Penal Code Section 266(i);

b. Keeping or residing in a house of ill-fame as set forth in California Penal Code Section 315;

c. Keeping a disorderly house as set forth in California Penal Code Section 316;

d. Prevailing upon a person to visit a place of illegal gambling or prostitution as set forth in California Penal Code Section 318;

e. Lewd conduct as set forth in California Penal Code Section 647(a); or

f. Prostitution activities as set forth in California Penal Code Section 647(a) or (b);

14. A declaration signed under penalty of perjury by the applicant that provides that the applicant has not been convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses set forth in California Penal Code Section 266(i), 315, 316, 318, or 647(a) or (b);

15. A declaration signed under penalty of perjury by the applicant that provides that the applicant is not required to register as a sex offender as set forth in California Penal Code Section 290;

16. A declaration signed under penalty of perjury by the applicant that provides that the applicant has not been convicted of any felony offense involving the sale of any controlled substance specified in California Health and Safety Code Section 11054, 11055, 11056, 11057, or 11058;

17. A declaration signed under penalty of perjury by the applicant that provides that the applicant has not been convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as a felony offense involving the sale of any controlled substance specified in California Health and Safety Code Section 11054, 11055, 11056, 11057, or 11058;

18. A declaration signed under penalty of perjury by the applicant regarding whether the applicant has had a previous massage therapy establishment permit, an outcall massage therapist permit, a personal massage therapist permit, or any other massage permit issued pursuant to this chapter or any other similar massage permit ordinance of the city or other jurisdiction, which was denied, suspended or revoked; and if any such denial, suspension or revocation occurred, the applicant shall provide the name and location of the massage therapy establishment or business for which the permit was denied, suspended or revoked, the date of the denial, suspension or revocation, and the reason or reasons for the denial, suspension or revocation; and

19. A declaration signed under penalty of perjury by the applicant regarding whether the applicant has been a sole proprietor, general partner, officer, or director of any massage therapy business that has had a massage therapy establishment permit, an outcall massage therapist permit, a personal massage therapist permit, or any other massage permit issued pursuant to this chapter or any other similar massage permit ordinance of the city, which was denied, suspended or revoked; and if any such denial, suspension or revocation occurred, the applicant shall provide the name and location of the massage establishment or business for which the permit was denied, suspended or revoked, the date of the denial, suspension or revocation, and the reason or reasons for the denial, suspension or revocation.

C. The applicant shall provide the police department with the current processing fee and with the authorization to conduct the necessary background investigations to determine the truthfulness and correctness of the information provided by the applicant and whether the applicant is qualified pursuant to this chapter to receive the requested personal massage therapist permit.

D. The applicant shall date and sign the application under penalty of perjury that the information contained in the application is true and correct.

E. The applicant shall pay an application deposit fee of $100.00 at the time of filing an application pursuant to this section to pay for the administrative costs associated with the review of the application. If additional funds are necessary to cover the above costs, the applicant shall pay such additional costs to the city before further processing of the application may proceed. Any unused portion of the deposit shall be refunded to the applicant. [Ord. 254 § 3, 2006; Code 1990 § 6.17.12.]

5.20.130 Outcall massage therapist permit application.

A. An application for an outcall massage therapist permit shall be made on a form provided by the city.

B. The following information and the following documents shall be submitted with all applications for an outcall massage therapist permit:

1. The applicant’s legal name, any aliases and date of birth;

2. The jurisdictions where the applicant plans to provide outcall massage therapist services;

3. The applicant’s home and business address;

4. The name of applicant’s current or proposed business;

5. The business telephone number the applicant is using or plans to use as a contact telephone number for clients;

6. The previous home addresses of the applicant for the 10 years prior to the filing date of the application and the dates of residency at each such address;

7. The names, addresses and descriptions of all current and former businesses owned, operated or managed by the applicant for the 10 years prior to the filing date of the application and the dates applicant owned, operated or managed such business;

8. A recent photograph of the applicant;

9. The applicant’s driver’s license number, permit number, or identification number;

10. The applicant’s Social Security number and/or state or federally issued tax identification number;

11. The applicant’s fingerprints taken by the police department or other law enforcement agency within the previous 60 days, and approved by the police chief;

12. Certified copy of the applicant’s diploma or certificate of graduation from a recognized school of massage and a sealed certified transcript verifying that the applicant has completed at least 100 hours of massage therapy training;

13. A certified statement from a physician licensed to practice medicine in the United States that provides that the applicant has, within 60 days prior to filing date of the application, been examined by such physician and it has been determined that the applicant is free of any communicable disease which is capable of being transmitted to clients through the type of physical contact that is normally associated with the massage activities described in this chapter;

14. A list of all of applicant’s convictions, excluding traffic violations;

15. A declaration signed under penalty of perjury by the applicant that provides that the applicant has not been convicted of any of the following:

a. Pandering as set forth in California Penal Code Section 266(i);

b. Keeping or residing in a house of ill-fame as set forth in California Penal Code Section 315;

c. Keeping a disorderly house as set forth in California Penal Code Section 316;

d. Prevailing upon a person to visit a place of illegal gambling or prostitution as set forth in California Penal Code Section 318;

e. Lewd conduct as set forth in California Penal Code Section 647(a); or

f. Prostitution activities as set forth in California Penal Code Section 647(a) or (b);

16. A declaration signed under penalty of perjury by the applicant that provides that the applicant has not been convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses set forth in California Penal Code Section 266(i), 315, 316, 318, or 647(a) or (b);

17. A declaration signed under penalty of perjury by the applicant that provides that the applicant is not required to register as a sex offender as set forth in California Penal Code Section 290;

18. A declaration signed under penalty of perjury by the applicant that provides that the applicant has not been convicted of any felony offense involving the sale of any controlled substance specified in California Health and Safety Code Section 11054, 11055, 11056, 11057, or 11058;

19. A declaration signed under penalty of perjury by the applicant that provides that the applicant has not been convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as a felony offense involving the sale of any controlled substance specified in California Health and Safety Code Section 11054, 11055, 11056, 11057, or 11058;

20. A declaration signed under penalty of perjury by the applicant regarding whether the applicant has had a previous massage therapy establishment permit, an outcall massage therapist permit, a personal massage therapist permit, or any other massage permit issued pursuant to this chapter or any other similar massage permit ordinance of the city or other jurisdiction, which was denied, suspended or revoked; and if any such denial, suspension or revocation occurred, the applicant shall provide the name and location of the massage establishment or business for which the permit was denied, suspended or revoked, the date of the denial, suspension or revocation, and the reason or reasons for the denial, suspension or revocation;

21. a. A declaration signed under penalty of perjury by the applicant regarding whether the applicant has been a sole proprietor, general partner, officer, or director of any massage therapy business that has had a massage therapy establishment permit, an outcall massage therapist permit, a personal massage therapist permit, or any other massage permit issued under this chapter or any other similar massage permit ordinance of the city or other jurisdiction, denied, suspended or revoked;

b. If any such denial, suspension or revocation occurred, the applicant shall provide the name and location of the massage establishment for which the permit was denied, suspended or revoked, the date of the denial, suspension or revocation, and the reason or reasons for the denial, suspension or revocation.

D. The applicant shall date and sign the application under penalty of perjury that the information contained in the application is true and correct.

E. The applicant shall pay an application deposit fee of $100.00 at the time of filing an application pursuant to this section to pay for the administrative costs associated with the city’s or law enforcement’s review of the application. If additional funds are necessary to cover the above costs, the applicant shall pay such additional costs to the city before further processing of the application may proceed. Any unused portion of the deposit shall be refunded to the applicant. [Ord. 254 § 3, 2006; Code 1990 § 6.17.13.]

5.20.140 Processing applications.

A. All applications shall be submitted to the community development department of the city.

B. Upon receipt of an application and payment of the application deposit fee, the city shall immediately stamp the application as received on that date.

C. The filing of concurrent applications by a single individual for personal and outcall massage therapist permits shall require only one application deposit fee for both applications.

D. The application will not be accepted unless the application deposit fee and proof of the fingerprinting are submitted with the respective application.

E. Not later than 30 days after the city has received the application, the city shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant.

F. In the event the determination is made that the application is not complete, then the written determination shall specify those parts of the application that are incomplete and shall indicate the manner in which they may be made complete.

G. If the written determination is not made within 30 days after receipt of the application, the application shall be deemed complete for purposes of this chapter.

H. After the application has been deemed complete, the application shall be submitted to the police department, planning division, building and safety division, fire department, and divisions thereof for their respective review and investigation to determine the accuracy of the information contained in the application and compliance with all applicable regulations.

I. Each department or division identified in this section shall submit their comments regarding their respective review and investigation of the subject application to the city manager or his or her designee.

J. The city manager, or his or her designee, shall grant or deny an application within 60 business days of receipt of a complete application.

K. Upon the expiration of the sixtieth day after receipt of a complete application, if the city manager, or his or her designee, has not provided written notice of denial or approval of the application to the applicant, the application shall be deemed tentatively granted and the applicant shall be excused from the requirement that a duly issued permit be posted at the premises until such time as a final decision is made on the subject application pursuant to this chapter. [Ord. 254 § 3, 2006; Code 1990 § 6.17.14.]

5.20.150 Denial of application and grounds for denial.

A. An application for a massage therapy permit shall be denied upon a showing of any of the following:

1. The location of the business does not comply with all applicable zoning laws or the provisions of this chapter;

2. The configuration and/or proposed or actual construction of the premises, as set out in the sketch or plan submitted with the application, reveals a violation of an applicable health, fire, building, safety or zoning regulation or law of the federal government, state of California, county of Riverside, or ordinance of the city, including those set forth in this chapter;

3. The applicant or the prospective on-site manager, if other than the applicant, is not 18 years of age or older;

4. The application contains false information;

5. The applicant or the prospective on-site manager, if other than the applicant, did not receive a diploma or a certificate of graduation from a recognized school of massage which verifies that he or she has obtained the requisite number of hours of massage therapy training;

6. The applicant or the prospective on-site manager, if other than the applicant, was convicted of at least one of the following offenses:

a. Pandering as set forth in California Penal Code Section 266(i);

b. Keeping or residing in a house of ill-fame as set forth in California Penal Code Section 315;

c. Keeping a disorderly house as set forth in California Penal Code Section 316;

d. Prevailing upon a person to visit a place of illegal gambling or prostitution as set forth in California Penal Code Section 318;

e. Lewd conduct as set forth in California Penal Code Section 647(a); or

f. Prostitution activities as set forth in California Penal Code Section 647(a) or (b);

7. The applicant, or the prospective on-site manager, if other than the applicant, was convicted in another state of an offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses set forth in California Penal Code Section 266(i), 315, 316, 318, or 647(a) or (b);

8. The applicant, or the prospective on-site manager, if other than the applicant, is required to register as a sex offender as set forth in California Penal Code Section 290;

9. The applicant, or the prospective on-site manager, if other than the applicant, was convicted of a felony offense involving the sale of any one of the controlled substances specified in California Health and Safety Code Section 11054, 11055, 11056, 11057, or 11058;

10. The applicant, or the prospective on-site manager if other than the applicant, was convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as a felony offense involving the sale of a controlled substance specified in California Health and Safety Code Section 11054, 11055, 11056, 11057, or 11058.

B. Mandatory Permit Denial. Notwithstanding any other provision of this code, a massage therapy permit shall be denied upon a showing by the city that the massage personnel or the owners or operators of the proposed massage business are required to register under the provisions of California Penal Code Section 290.

C. If the city manager or his or her designee denies the application, he or she shall notify the applicant of the denial in writing and state the reason(s) for the denial.

D. Any subsequent information submitted to cure the grounds of a denied application shall be treated as a new application. [Ord. 254 § 3, 2006; Code 1990 § 6.17.15.]

5.20.160 Exemptions.

A massage therapy permit shall not be required for therapists that are supporting a local athletic program or event when massage services are being provided to the participants of the event. [Ord. 254 § 3, 2006; Code 1990 § 6.17.16.]

5.20.170 Appeal of denial.

A. An applicant may contest the denial of an application for any permit, other than a special massage therapy permit or a temporary massage therapy permit, described in this chapter by filing an appeal to the city council that conforms to the following requirements:

1. All appeals shall be in writing and shall contain the following information:

a. Name(s) of the person filing the appeal (“appellants”);

b. A brief statement in ordinary and concise language of the relief sought and the reasons why the permit should be issued; and

c. The signatures of all parties named as appellants and their mailing addresses.

2. Any appeal filed that fails to provide all of the information required by this section shall be deemed incomplete.

3. A complete and proper appeal of the denial of a permit application shall be filed with the city clerk within 10 calendar days of service of the letter denying the application.

4. Any appeal not timely filed shall be rejected.

5. A filing fee as established by city council resolution or any amendments thereto for an appeal must be paid to the city at or prior to the time of the filing of the appeal.

6. Any appeal of a denial of a permit application filed without payment of the filing fee shall be deemed incomplete.

7. Not later than 30 calendar days from the date the appeal is filed, the city clerk or his or her designee shall determine whether the appeal is complete.

8. If the appeal is determined to be incomplete, the city clerk, or his or her designee, shall immediately mail to the appellant a notice of incomplete filing that shall provide a written explanation of each reason why the appeal has been determined to be incomplete.

9. If service of the notice of incomplete filing is completed within 10 calendar days from the date the appeal is filed, the 10-calendar-day time period within which to file a completed appeal shall not be extended.

B. Failure to timely and properly file an appeal shall constitute a waiver of all rights to an appeal hearing.

C. As soon as practicable, after receiving the written appeal, the city clerk shall schedule a public hearing before the city council at the next regularly scheduled city council meeting for which there is sufficient time to have the matter properly noticed.

D. As soon as practicable, after scheduling the appeal hearing, the city clerk shall prepare a notice of appeal hearing (“hearing notice”) which shall be in substantially the same form as follows:

You are hereby notified that a hearing will be held before the city council at _______ on the _____ day of __________, at the hour of ________, to hear your appeal of the city manager’s denial of your massage permit application. You may be present at the hearing. You may be, but need not be, represented by an attorney. You may present any relevant evidence at the hearing.

E. In addition to any other public hearing notice requirements as may be required by any applicable law, the city clerk, or his or her designee, shall cause a copy of the hearing notice to be provided to the appellant at least 10 days prior to the public hearing date either by causing a copy of the notice to be delivered to the appellant personally or by causing a copy of the notice to be delivered by certified mail, postage prepaid, return receipt requested, and addressed to the appellant at the address shown on the appeal.

F. Proof of service of the hearing notice shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made.

G. The declaration pertaining to the proof of service shall be affixed to a copy of the hearing notice.

H. The city clerk, or his or her designee, shall cause a copy of the hearing notice to be provided to the city manager.

I. The city manager, or his or her designee, shall prepare an appeal hearing packet for the city council to review prior to the hearing.

J. The appeal hearing packet shall include a copy of the city manager’s findings and decision on the application for the permit, a staff report, and any other relevant evidence.

K. The city council shall review all relevant evidence and hear all relevant oral testimony submitted by, for and against the appellant and the appellant shall be provided with a reasonable opportunity to be heard on the matter at the public hearing.

L. The city council shall consider at the appeal hearing only those matters or issues which were specifically raised by the appellant in his or her written appeal and which are relevant to the issues of the hearing.

M. The city council has the authority to determine the relevance of any evidence to the hearing.

N. The city council has the authority to exclude unduly repetitious and cumulative evidence regardless of its relevancy.

O. The city council shall not have the authority to waive any requirements of the municipal code and/or any applicable statutes, rules, codes or regulations.

P. If the appellant fails to attend the scheduled appeal hearing, the appeal hearing shall proceed without the appellant and the appellant shall be deemed to have waived his or her rights to be orally heard at the hearing.

Q. The city council may take the following actions:

1. Reject the city manager’s findings and determinations based upon the conclusion that the city manager misapplied the provisions of this chapter and reverse the city manager’s decision;

2. Modify the city manager’s findings and determinations to conform to the application of the provisions of this chapter and reverse or affirm the city manager’s decision;

3. Accept the city manager’s findings and determinations on the grounds that the city manager properly applied the provisions of this chapter to the appellant and application and affirm the city manager’s decision; or

4. Remand the matter to the city manager with instructions to reconsider the application in light of new information presented to the city council prior to or at the public hearing.

R. The city council shall prepare and serve a written notice of decision upon the appellant(s) and the city manager within 30 calendar days from the date the public hearing is deemed closed.

S. The notice of decision shall state whether the city manager’s decision has been either upheld in full or in part or rescinded in full or in part.

T. The notice of decision shall also contain a brief summary of the evidence considered, findings of fact, and the effective date of the decision.

U. The city clerk shall cause a copy of the notice of decision to be provided to the appellant(s) by causing a copy of the notice to be delivered to the appellant(s) personally or by causing a copy of the notice to be delivered to the appellant(s) by certified mail, postage prepaid, return receipt requested, and addressed to all the addresses shown on the application.

V. Proof of service of the notice of decision shall be certified at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the date and manner in which service was made.

W. The declaration regarding the notice of decision shall be affixed to a copy of the notice of decision.

X. The decision of the city council shall be final. [Ord. 254 § 3, 2006; Code 1990 § 6.17.17.]

5.20.180 Current information.

During the effective duration of the permit, the permittee shall promptly update, correct or supplement the information contained in his or her application on file with the city when necessary to keep the information contained therein current and accurate. [Ord. 254 § 3, 2006; Code 1990 § 6.17.18.]

5.20.190 Renewal of permit.

A. All permits shall expire one year from the date they are issued.

B. Applications for renewal of a permit shall be made 30 days prior to the expiration date of the permit in accordance with the applicable application procedures set forth in this chapter.

C. The applicant shall pay a renewal application deposit fee of $100.00 at the time of filing a renewal application in addition to any necessary background investigation costs of the police department. Multiple permits held by a single individual can be renewed for a single application deposit fee. If additional funds are necessary to cover the above costs, the applicant shall pay such additional costs to the city before further processing of the renewal application may proceed. Any unused portion of the deposit shall be refunded to the applicant. [Ord. 254 § 3, 2006; Code 1990 § 6.17.19.]

5.20.200 Massage therapy establishments – Inspections.

Representatives of the city including, but not limited to, representatives of the police department, building and safety division, fire department, health department and divisions thereof, may inspect the premises of a massage therapy establishment for the purposes of ensuring compliance with the law at any time such establishment is occupied or open for business pursuant to the inspection provisions set forth in the municipal code, uniform codes adopted by the city, and applicable state and local laws and regulations. [Ord. 254 § 3, 2006; Code 1990 § 6.17.20.]

5.20.210 Massage therapy establishments – Exterior lighting.

Refer to CMC 18.120.110(B)(4). [Ord. 294 § 2, 2009; Ord. 254 § 3, 2006; Code 1990 § 6.17.21.]

5.20.220 Massage therapy establishments – Exterior signage.

A. A recognizable and readable sign that complies with all sign regulations of the city shall be posted at the main entrance of the massage therapy establishment identifying the name of the massage therapy establishment.

B. A recognizable and readable sign that complies with all sign regulations of the city shall be posted at the main entrance of the massage therapy establishment identifying the hours of operation of the massage therapy establishment. [Ord. 254 § 3, 2006; Code 1990 § 6.17.22.]

5.20.230 Massage therapy establishments – Exterior views.

All building openings, entries, windows, etc., of a massage establishment shall be located, covered or screened in such a manner as to prevent an unobstructed view from the exterior of the building into dressing rooms, massage therapy rooms, restrooms, and other areas where patrons of the business may not be fully clothed. [Ord. 254 § 3, 2006; Code 1990 § 6.17.23.]

5.20.240 Massage therapy establishments – Posting requirements.

A. The massage therapy establishment permit shall be posted in a conspicuous place on the premises within the reception area of the massage establishment.

B. A copy of the personal massage therapy permit for each personal massage therapist shall be kept on file on the premises of the massage establishment.

C. A copy of each diploma or certificate of graduation for each personal massage therapist shall be kept on file on the premises of the massage establishment.

D. A recent photograph of each personal massage therapist shall be kept on file on the premises of the massage establishment.

E. A list of massage therapy services available at the massage establishment, a description of services in readily understandable language, and the cost of such services shall be posted in a conspicuous place on the premises within the reception area of the massage establishment. [Ord. 254 § 3, 2006; Code 1990 § 6.17.24.]

5.20.250 Massage therapy establishments – Reception area.

At least one artificial light providing a lighting intensity of not less than 30 foot-candle power at floor level shall be installed in the reception area. [Ord. 254 § 3, 2006; Code 1990 § 6.17.25.]

5.20.260 Massage therapy establishments – Massage therapy rooms.

A. At least one artificial light providing a lighting intensity of not less than 20 foot-candle power at floor level shall be installed in each massage therapy room.

B. There shall be no locks on any massage therapy room or any other device which impedes or obstructs access to the massage therapy room.

C. There shall be walls installed between each massage therapy room and such walls shall contain no openings other than doors between adjacent rooms. [Ord. 254 § 3, 2006; Code 1990 § 6.17.26.]

5.20.270 Massage therapy establishments – Client registration.

A. All massage therapy establishment permittees shall maintain a client registration file that shall include the following information:

1. First, middle and last name of client;

2. Signature of client;

3. Complete address of client;

4. Date and time of visit; and

5. First, middle and last name of personal massage therapist who administered massage services.

B. Every client shall provide the information set forth above and sign his or her name on the client registration form provided by the permittee before any massage services may be provided.

C. All client registration files shall be made available for inspection by the police department or other law enforcement agency upon written request of the police chief within three working days of receiving such request.

D. The information contained in client registration files shall be maintained by the permittee for a period of three calendar years of the last date the respective information was entered into the file. [Ord. 254 § 3, 2006; Code 1990 § 6.17.27.]

5.20.280 Massage therapy establishments – Dress and identification.

A. All employees shall wear nontransparent outer garments covering their specified anatomical areas.

B. All employees shall wear badges that identify their first and/or last names and their employment position with the massage establishment.

C. All massage establishment employees shall possess while on the premises of a massage establishment a valid identification with a photograph of himself or herself at all times while present on the premises of the massage establishment during the hours of operation of the establishment. [Ord. 254 § 3, 2006; Code 1990 § 6.17.28.]

5.20.290 Massage therapy establishments – Hours of operation.

A. Massage therapy establishments are prohibited from operating between the hours of 10:30 p.m. and 7:30 a.m.

B. Permittees shall be prohibited from permitting clients to remain on the premises of the massage establishment after closing hours. [Ord. 254 § 3, 2006; Code 1990 § 6.17.29.]

5.20.300 Massage therapy establishments – Showers, baths and toilets.

A. Only one client shall be permitted in a room containing a shower stall, bath stall or toilet facility at any one time unless otherwise permitted by any applicable local, state, or federal law or regulation or accompanied by a massage therapist for massage therapy purposes.

B. Each room containing a shower, bath and/or toilet shall have a door that is self-closing and locking.

C. An artificial light providing a lighting intensity of not less than 30 foot-candle power at floor level shall be installed in any room containing a shower, bath and/or toilet. [Ord. 254 § 3, 2006; Code 1990 § 6.17.30.]

5.20.310 Massage therapy establishments – Sanitary conditions.

A. The premises of the massage therapy establishment shall have adequate equipment for disinfecting and/or sanitizing nondisposable instruments and materials used in administering massages.

B. All nondisposable instruments and materials shall be disinfected and/or sanitized after each use on each client.

C. All walls, ceilings, floors, showers, bathtubs, water basins, toilets, and all other facilities must be maintained in good repair and in a clean and sanitary condition.

D. All showers, bathtubs, water basins, and toilets shall be thoroughly cleaned at least once each day the massage therapy establishment is in operation.

E. Water basins with hot and cold running water from a potable source and soap dispensers shall be available to clients.

F. A trash receptacle shall be provided in each massage therapy room and any room containing a shower, bathtub, water basin and/or toilet.

G. Bathtubs shall be thoroughly cleaned after each use.

H. All clients shall be provided clean and sanitary towels, sheets and linens.

I. Towels, sheets and linens shall be provided in sufficient quantity and shall not be used by more than one person unless such towels, sheets and linens have been relaundered.

J. Separate closed cabinets or containers shall be provided for the storage of clean and soiled towels, sheets and linens, and such cabinets or containers shall be plainly marked “clean linen” and “soiled linen.”

K. Massage table cover pads that come into contact with the body of a client shall be clean. [Ord. 254 § 3, 2006; Code 1990 § 6.17.31.]

5.20.320 Massage therapy establishments – Loudspeakers and sound equipment.

Loudspeakers or sound equipment shall not be used by a massage therapy establishment for amplification of sound to a level discernible by the public beyond the walls of the building or leaseable space in which the use is conducted. [Ord. 254 § 3, 2006; Code 1990 § 6.17.32.]

5.20.330 Outcall massage therapy – Client registration.

A. All outcall massage therapists shall maintain a client registration book or appointment book that shall include the following information:

1. First, middle and last name of client;

2. Date and time of visit;

3. Address of location of the subject massage therapy services;

4. First, middle and last name of personal massage therapist who administered massage service.

B. All client registration or appointment books shall be made available for inspection by the police department or other law enforcement agency upon written request of the police chief within three working days of receiving such request.

C. A client registration or appointment book shall be maintained by the permittee for each calendar year and each client registration or appointment book shall be maintained by the permittee for a period of three calendar years. [Ord. 254 § 3, 2006; Code 1990 § 6.17.33.]

5.20.340 Outcall massage service – Dress and identification.

A. All outcall massage therapists shall wear nontransparent outer garments covering their specified anatomical areas while performing any massage services authorized by their respective permit.

B. All outcall massage therapists shall wear badges that identify their first and/or last names.

C. All outcall massage therapists shall possess evidence of their permits and valid identification on their person at all times during the course of providing any services authorized by the subject permit. [Ord. 254 § 3, 2006; Code 1990 § 6.17.34.]

5.20.350 Outcall massage therapists – Hours of services.

A. Outcall massage therapists are prohibited from providing massage services between the hours of 10:30 p.m. and 7:00 a.m.

B. Outcall massage therapists shall notify the manager of any lodging establishment at which services have been requested by a registered guest or guest of the registered guest of such lodging establishment prior to providing massage services to the registered guest or guest of the registered guest. [Ord. 254 § 3, 2006; Code 1990 § 6.17.35.]

5.20.360 Prohibited activities.

A. Any and all employees, including any owner, operator or manager, of a massage therapy establishment and all outcall massage therapists and their clients are prohibited from exposing their specified anatomical areas (including the buttocks of the employee, owner, operator or manager) to each other during the course of the performance or administration of any service pursuant to a validly issued massage therapy permit.

B. Any and all employees, including any owner, operator or manager, of a massage therapy establishment and all outcall massage therapists and their clients are prohibited from touching either their own or one another’s specified anatomical areas during the course of the performance or administration of any service pursuant to a validly issued massage therapy permit.

C. Any and all employees, including any owner, operator or manager, of a massage therapy establishment and all outcall massage therapists are prohibited from being in a state of full nudity or semi-nudity (which includes exposure of the buttocks of any employee, owner, operator or manager) during the course of the performance or administration of any service pursuant to a validly issued massage therapy permit.

D. Any and all employees, including any owner, operator or manager, of a massage therapy establishment and all outcall massage therapists and their clients are prohibited from engaging in any specified sexual activities during the course of the performance or administration of any service pursuant to a validly issued massage therapy permit.

E. Any and all employees, including any owner, operator or manager, of a massage therapy establishment and all outcall massage therapists shall be prohibited from performing or administering any massage services to a minor unless written permission is provided by the minor’s parent or legal guardian.

F. Any and all employees, including any owner, operator or manager, of a massage therapy establishment and outcall massage therapists shall be prohibited from performing or administering any massage services and charging any amount that is not posted on the list of services and charges.

G. No permittee shall employ any person less than 18 years of age.

H. No permittee shall operate, maintain, run or manage any massage therapy establishment or outcall massage therapy services under any business name not specified in the permit.

I. No permittee shall provide alcoholic beverages to clients either on the premises of a massage therapy establishment or during the course of providing any services as an outcall massage therapist.

J. No permittee shall be permitted to transfer or assign any permit issued pursuant to this chapter to another person, entity, or to another location which shall include another legal parcel or another address. [Ord. 254 § 3, 2006; Code 1990 § 6.17.36.]

5.20.370 Transfer of ownership.

All transfers of ownership of any business operating pursuant to a permit validly issued pursuant to this chapter shall result in the automatic termination of the permit. [Ord. 254 § 3, 2006; Code 1990 § 6.17.37.]

5.20.380 Relocation.

Relocation of any business operating pursuant to this chapter shall result in the automatic termination of the subject permit. [Ord. 254 § 3, 2006; Code 1990 § 6.17.38.]

5.20.390 Change of on-site manager.

A change of the on-site manager of a massage establishment without submitting a new massage establishment permit application shall result in the automatic termination of the subject permit. [Ord. 254 § 3, 2006; Code 1990 § 6.17.39.]

5.20.400 Reference applies to amendments.

Whenever a reference is made to any part of the municipal code or to any ordinance of the city, reference applies to all amendments and additions now or hereafter made. [Ord. 254 § 3, 2006; Code 1990 § 6.17.40.]

5.20.410 Computation of time.

A. The time in which any act provided by this chapter is to be done is computed by excluding the first day and including the last, unless the last day is a holiday that is also excluded.

B. If the last day for the performance of any act set forth in this chapter is a holiday, then the time in which to perform the act is extended to and including the next day which is not a holiday.

C. If the last day for the performance of any act provided by this chapter is a Saturday or Sunday, then the time in which to perform the act is extended to and including the next Monday. [Ord. 254 § 3, 2006; Code 1990 § 6.17.41.]

5.20.420 Nonconforming uses and permits.

A. All permittees currently legally permitted to engage in massage therapy business activities which are in noncompliance as a result of an amendment to this chapter shall be deemed legally nonconforming and will be allowed to continue operation provided they are in compliance with all limitations and requirements of their original permit except as noted below.

B. Any expansion of massage services beyond those specified in the original approval shall require a newly issued permit pursuant to this chapter.

C. All legal nonconforming individual permittees shall come into compliance with all licensing and operational criteria identified in this chapter by September 18, 2007.

D. All legal nonconforming establishment applicants and the prospective on-site manager(s), if other than the applicant, shall come into compliance with all licensing and operational criteria identified in this chapter by September 18, 2007.

E. All legal nonconforming establishments shall come into compliance with all licensing and operational criteria identified in this chapter by September 18, 2007. [Ord. 254 § 3, 2006; Code 1990 § 6.17.42.]

5.20.430 Suspension and revocation.

A. A massage permit validly issued pursuant to this chapter shall be subject to suspension or revocation for the following reasons:

1. The permittee, any of its employees, or massage therapists working for the permittee as independent contractors engages in any of the prohibited activities described in CMC 5.20.360;

2. The permittee, any of its employees, or massage therapists working for the permittee as independent contractors are convicted of any of the following:

a. Pandering as set forth in California Penal Code Section 266(i);

b. Keeping or residing in a house of ill-fame as set forth in California Penal Code Section 315;

c. Keeping a disorderly house as set forth in California Penal Code Section 316;

d. Prevailing upon a person to visit a place of illegal gambling or prostitution as set forth in California Penal Code Section 318;

e. Lewd conduct as set forth in California Penal Code Section 647(a); or

f. Prostitution activities as set forth in California Penal Code Section 647(a) or (b);

3. The permittee, any of its employees, or massage therapists working for the permittee as independent contractors are convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses set forth in California Penal Code Section 266(i), 315, 316, 318, or 647(a) or (b);

4. The permittee, any of its employees, or massage therapists working for the permittee as independent contractors are required to register as a sex offender as set forth in California Penal Code Section 290;

5. The permittee, any of its employees, or massage therapists working for the permittee as independent contractors are convicted of any felony offense involving the sale of any controlled substance specified in California Health and Safety Code Section 11054, 11055, 11056, 11057, or 11058;

6. The permittee, any of its employees, or massage therapists working for the permittee as independent contractors are convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as a felony offense involving the sale of any controlled substance specified in California Health and Safety Code Section 11054, 11055, 11056, 11057, or 11058;

7. The permittee fails to provide information pursuant to CMC 5.20.150;

8. A certified statement from the real property owner is received by the city indicating that the permittee is not authorized to operate, run or manage a massage establishment on the subject premises;

9. The actual physical configuration of the premises does not conform to the sketch or diagram submitted with the approved application;

10. It is discovered by the city manager that information contained in the approved application was false;

11. Permittee has knowledge that a client has contracted a communicable disease such as tuberculosis or a sexually transmitted disease from the permittee, any of the permittee’s employees, or any massage therapists working for the permittee as an independent contractor through physical contact with the permittee or the permittee’s employees during the course of providing massage therapy services pursuant to a massage therapy permit;

12. The permittee, any of the permittee’s employees or any massage therapists working for the permittee as an independent contractor refuse to permit representatives of the city, including, but not limited to, the police department, community development/planning department, building and safety division, fire department, health department and divisions thereof, to inspect the premises of a massage establishment pursuant to CMC 5.20.200;

13. The permittee fails to comply with the following provisions:

a. The exterior lighting requirements set forth in CMC 5.20.180;

b. The exterior signage requirements set forth in CMC 5.20.190;

c. The exterior view requirements set forth in CMC 5.20.200;

d. The posting requirements set forth in CMC 5.20.210;

e. The reception area requirements set forth in CMC 5.20.220;

f. The massage therapy room requirements set forth in CMC 5.20.230;

g. The client registration requirements set forth in CMC 5.20.270 and 5.20.330;

h. The dress and identification requirements set forth in CMC 5.20.280 and 5.20.340;

i. The hours of operation and services requirements set forth in CMC 5.20.290 and 5.20.350;

j. The shower, bath and toilet requirements set forth in CMC 5.20.300;

k. The sanitary conditions requirements set forth in CMC 5.20.310; and/or

l. The loudspeaker or sound equipment requirements set forth in CMC 5.20.320.

B. Revocation or suspension of any permit validly issued pursuant to this chapter shall be accomplished pursuant to the procedures set forth in the municipal code, applicable ordinance(s) of the city, and state law. [Ord. 254 § 3, 2006; Code 1990 § 6.17.43.]

5.20.440 Enforcement – Separate offense for each day.

Any person who violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be punished accordingly. [Ord. 254 § 3, 2006; Code 1990 § 6.17.44.]

5.20.450 Public nuisance.

Any violation of CMC 5.20.030(A), (B) or (C), 5.20.050(A), 5.20.180, 5.20.210, 5.20.220, 5.20.230, 5.20.240, 5.20.250, 5.20.260, 5.20.270, 5.20.280, 5.20.290, 5.20.300, 5.20.310, 5.20.320, 5.20.330, 5.20.340, 5.20.350 or 5.20.360 by any person responsible for committing, causing or maintaining such violation shall constitute a public nuisance which shall be subject to the provisions of CMC 8.05.190. [Ord. 254 § 3, 2006; Code 1990 § 6.17.45.]

5.20.460 Criminal penalties.

A. Any person who violates, causes, maintains or permits another person to violate any provision of this chapter commits an infraction. Any person convicted of an infraction shall be subject to a fine to the maximum amount permitted by state law. Any person twice convicted of an infraction for repeat violations of the same provision within a one-year period may be charged with a misdemeanor upon being issued a citation for the repeated violation of the same provision. Any person convicted of a misdemeanor shall be subject to punishment to the maximum permitted by state law.

B. Pursuant to Government Code Section 36900(a), the city attorney may prosecute these violations in the name of the people of the state of California. [Ord. 254 § 3, 2006; Code 1990 § 6.17.46.]

5.20.470 Civil fines.

A. Any person convicted of an infraction, for each separate violation of CMC 5.20.030(A), (B) or (C), 5.20.050(A), 5.20.180, 5.20.210, 5.20.220, 5.20.230, 5.20.240, 5.20.250, 5.20.260, 5.20.270, 5.20.280, 5.20.290, 5.20.300, 5.20.310, 5.20.320, 5.20.330, 5.20.340, 5.20.350 or 5.20.360 shall be subject to:

1. A fine in an amount not to exceed $250.00 for a first conviction of an offense;

2. A fine in an amount not to exceed $500.00 for a second conviction of the same offense within a 12-month period from the date of the first offense; and

3. A fine in an amount not to exceed $750.00 for a third conviction of the same offense within a 12-month period from the date of the first offense.

B. The fine for a fourth and subsequent convictions of the same offense within a 12-month period of the date from the first offense shall be $1,000. [Ord. 254 § 3, 2006; Code 1990 § 6.17.47.]

5.20.480 Civil injunction.

The violation of any provision of this chapter shall be and is declared to be contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief. [Ord. 254 § 3, 2006; Code 1990 § 6.17.48.]

5.20.490 Administrative remedies.

A. In addition to the civil remedies and criminal penalties set forth above, any person that is responsible for committing, causing or maintaining any violation of this chapter may be subject to administrative remedies, as set forth by city ordinance.

B. Nothing in this section shall preclude the city from also issuing an infraction or misdemeanor citation upon the occurrence of the same subject offense on a separate day. [Ord. 254 § 3, 2006; Code 1990 § 6.17.49.]

5.20.500 Additional remedies.

A. Any violation of CMC 5.20.030(A), (B) or (C), 5.20.050(A), 5.20.180, 5.20.210, 5.20.220, 524.230, 5.20.240, 5.20.250, 5.20.260, 5.20.270, 5.20.280, 5.20.290, 5.20.300, 5.20.310, 5.20.320, 5.20.330, 5.20.340, 5.20.350 or 5.20.360 by the holder of any city permit and/or city license validly issued pursuant to this or any other chapter of the municipal code shall constitute grounds for modification, suspension and/or revocation of said permit and/or license pursuant to the provisions set forth in the municipal code.

B. Nothing in this chapter shall preclude the city from pursuing other remedies provided by city ordinance, uniform codes adopted by the city, or by state or federal law, including, but not limited to, denial or revocation of certificates of occupancy, issuance of stop work orders and injunctive relief. [Ord. 254 § 3, 2006; Code 1990 § 6.17.50.]

5.20.510 Regulations nonexclusive.

The provisions of this chapter regulating massage establishments are not intended to be exclusive, and compliance therewith shall not excuse noncompliance with any other regulation(s) pertaining to the operation of businesses as adopted by the city. [Ord. 254 § 3, 2006; Code 1990 § 6.17.51.]

5.20.520 Nonliability of city of Calimesa.

Nothing in this chapter shall be deemed to impose any liability or damages or a duty of care and maintenance upon the city or upon any of its officers or employees. The person in possession of any property or the owner of any property shall have a duty to ensure compliance with the regulations herein. [Ord. 254 § 3, 2006; Code 1990 § 6.17.52.]