Chapter 5.24 MASSAGE THERAPY AND MASSAGE ESTABLISHMENTS

Chapter 5.24
MASSAGE THERAPY AND MASSAGE ESTABLISHMENTS

Sections:

5.24.010 Purpose and intent.

5.24.020 Definitions.

5.24.030 Exemptions.

5.24.040 Minimum requirements for all massage therapists and massage establishments.

5.24.050 Business license required.

5.24.060 Time for compliance with minimum requirements.

5.24.070 Home occupation massage therapist.

5.24.080 Massage establishment permit—Required for massage establishments.

5.24.090 Massage establishment permit—Requirements, denial, suspension and revocation and due process.

5.24.100 Massage therapist permit—Required for massage therapists.

5.24.110 Massage therapist permit—Minimum educational requirements.

5.24.120 Massage therapist permit—Requirements, denial, suspension and revocation and due process.

5.24.130 Out-call massage and on-site massage restrictions.

5.24.140 Health and safety requirements for all massages.

5.24.150 Operating requirements for massage.

5.24.160 Inspection of massage establishment by officials.

5.24.170 Exchange of information.

5.24.180 Nuisance.

5.24.190 Prosecutorial discretion.

5.24.200 Criminal prosecution.

5.24.210 Administrative fines.

5.24.220 Applicability of other ordinances.

5.24.230 Unlawful business practices may be enjoined.

5.24.010 Purpose and intent.

It is the purpose and intent of this chapter to provide for the orderly regulation of individuals and businesses providing massage therapy services, and to prevent and discourage the misuse of massage therapy as a front for prostitution, human trafficking, and related activities in violation of state law while protecting the interests of the public health, safety and welfare of the community by providing certain minimum standards for health and safety, building, sanitation, education, and operation standards for massage therapists and businesses.

It is the further intent of this chapter to update and streamline local massage therapy permitting procedures, while still facilitating and advancing the ethical practice of massage therapy. It is also the intent of the city council that this chapter apply to any business, location or individual that provides massage services regardless of the business name or individual’s title or position. (Ord. 705-2016 § 2 (part), 2016)

5.24.020 Definitions.

For the purpose of this chapter, unless the context clearly requires a different meaning, the words, terms and phrases set forth in this section shall have the meanings given them in this section:

A. “Applicant” shall mean the individual or individuals applying for a massage therapist permit or a massage establishment permit. Only an owner(s) may apply for a massage establishment permit.

B. “California Massage Therapy Council” or “CAMTC” shall mean the nonprofit organization created to regulate the massage industry set forth in Chapter 10.5 of Division 2 of the Business and Professions Code of the state of California (commencing with Section 4600).

C. “CAMTC certificate” shall mean a current and valid certificate issued by the California Massage Therapy Council to a massage practitioner pursuant to Business and Professions Code Section 4601(b) or (c) or any later enacted amendment.

D. “CAMTC certified” shall mean any individual certified by the CAMTC and possessing a valid CAMTC certificate and licensed to practice or administer massage in exchange for any form of compensation within the city of Cloverdale. All persons certified by CAMTC shall have the right to perform or engage in the practice of massage consistent with the Massage Therapy Act, the qualifications established by his or her certification and the provisions of this chapter stated herein.

E. “Chair massage” shall mean any massage given to a person who is fully clothed and sitting in an upright position on a professional bodywork seat, stool, office seat, wheelchair or other chair-like device.

F. “City” shall mean the city of Cloverdale.

G. “Client” shall mean the customer or patron who pays for or receives massage services.

H. “Compensation” means the payment, loan, advance, donation, contribution, deposit, exchange or gift of money or anything of value.

I. “Disqualifying offense” shall mean any offense which disqualifies an applicant from obtaining a permit pursuant to this chapter. Disqualifying offenses are any of the following:

1. The applicant has provided materially false information in his/her application.

2. Within five years immediately preceding the date of the filing of the application, the applicant has been convicted of, or pled guilty to, any of the following offenses: violation of Penal Code Sections 243.4, 261, 266a through 266j, inclusive, 267, 288, 314 to 316 inclusive, 318, 647a, 647b, 647d, 647i, 647j, any offenses requiring registration under Penal Code Section 290 or Health and Safety Code Section 11590; any felony offense involving the possession for sale, sale, transportation, furnishing or giving away of a controlled substance specified in Health and Safety Code Sections 11054 to 11058, inclusive, as amended; violation of any charge related to human trafficking including United States Code Title 18, Chapter 77, Section 1590, 1591 or 1592; any offense in another state which if committed in California, would have been punishable as one or more of the offenses mentioned here; any offense involving the use of force or violence upon the person of another; or any offense involving theft, embezzlement or moral turpitude.

3. Any violation of any provision of this chapter resulting in a suspension or revocation of any permit issued under this chapter, or a violation of a similar law in any other jurisdiction, which resulted in a suspension or revocation of a permit under that law.

J. “Employs or retains” shall mean a person that is a directly paid employee of the massage establishment; or an independent contractor who receives compensation for massage therapy provided to patrons of the massage establishment; or a person that receives a referral of patrons from the massage establishment and, at any time before or after the referral, arranges in any way for compensation to flow to the massage establishment operator (regardless of whether the parties involved acknowledge that compensation is flowing in exchange for the referral, or whether such parties record such compensation in their financial records).

K. “Employee” shall mean any person employed by a massage business who may render any service to the business and who receives any form of compensation from the business. For the purposes of this chapter, the term “employee” shall include independent contractors, agents and volunteers.

L. “Home occupation massage therapist” shall mean a massage therapist that practices massage within his or her own residence. All home occupation massage therapists are subject to the requirements for home occupation permits as set forth in Section 18.03.190 and no more than two massage therapists may operate as home occupation massage therapists in any single residence.

M. “Inspector” shall mean the person or persons designated by the permit authority to conduct any inspections required or permitted under this chapter.

N. “Manager” shall mean a person who supervises, manages, directs, organizes, controls, or in any other way is responsible for, or in charge of the conduct of, the activities within a massage business. Evidence of management includes, but is not limited to, evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules or purchase supplies. A manager may also be an owner.

O. “Massage” and “massage therapy,” for purposes of this chapter, are used interchangeably and shall mean the skillful application of touch, and any method of treating the external parts of the body for remedial, health or hygienic purposes for any form of compensation by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating, of the external parts of the body with hands or other parts of the body by a practitioner to produce increased awareness, relaxation, pain relief, injury rehabilitation or neuromuscular reeducation, with or without the aid of any mechanical or electrical apparatus or appliances; or with or without such supplementary aids as rubbing alcohol, liniments, antiseptic, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice; or by baths, including but not limited to Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, mud, fermentation or any other type of bath.

P. “Massage business” shall mean any business that offers massage in exchange for compensation, whether at a fixed place of business or at a location designated by the customer or client through out-call or on-site massage services. The term “massage business” includes a massage therapist permit holder or CAMTC certificate holder who is the sole owner, operator and employee of a massage business operating as a sole proprietorship and also includes home occupation massage therapists. For the purposes of this chapter, the term “massage business” shall include those businesses that provide separate massage services, such as spas and day spas, but shall not apply to massages performed to limited areas of the neck, face and/or scalp, hands or feet of the clients when that massage is accessory to and within the scope of a barber’s, cosmetologist’s and esthetician’s state license.

Q. “Massage establishment” shall mean any business or establishment that offers massage therapy in exchange for compensation at a fixed place of business. Any business or establishment that offers any combination of massage therapy and bath facilities including, but not limited to, showers, baths, wet and dry heat rooms, pools and hot tubs, shall be deemed a massage establishment under this chapter. For the purposes of this chapter, the term “massage establishment” shall include those businesses that provide separate massage services, such as spas and day spas, but shall not apply to massages performed to limited areas of the neck, face and/or scalp, hands or feet of the clients when that massage is an accessory to and within the scope of a barber’s, cosmetologist’s, and esthetician’s state license.

R. “Massage establishment owner” or “owner of a massage establishment” or “owner” shall mean and include any of the following persons:

1. The sole proprietor of a sole proprietorship operating a massage establishment.

2. Any general partner of a general or limited partnership that owns a massage establishment.

3. Any person who has a ten percent or greater ownership interest in a corporation that owns a massage establishment.

4. Any person who is a member of a limited liability company that owns a massage establishment.

5. Any person who has a ten percent or greater ownership interest in any other type of business association that owns a massage business.

S. “Massage establishment permit” or “permit holder” means the city-issued permit required by this chapter to operate a massage establishment. Only an owner(s) may apply for a massage establishment permit.

T. “Massage therapist permit” or “permit holder” means the city-issued permit required by this chapter to operate as a massage therapist.

U. “On-site massage” shall mean a massage given to an individual who remains fully clothed during the massage and at a location other than a massage business, and is limited to massages that take place at malls, business offices, sports complexes, convention centers and public events.

V. “Operator” or “massage establishment operator” or “massage business operator” shall mean any and all owners or managers of a massage establishment.

W. “Out-call massage service” shall mean the engaging in or carrying on of massage therapy for compensation at a location other than a duly licensed massage establishment that has been permitted pursuant to this chapter.

X. “Patron” shall mean an individual on the premises of a massage establishment for the purpose of receiving massage therapy.

Y. “Permit authority” means the chief of police, or his or her designee, charged with the administration of this chapter.

Z. “Person” shall mean any individual, firm, association, partnership, corporation, joint venture, limited liability company or combination of individuals.

AA. “Reception and waiting area” shall mean the area immediately inside the main entry door of the massage establishment, dedicated to the reception and waiting of patrons, clients and visitors of the massage establishment, which is not a massage therapy room or otherwise used for the provision of massage therapy services.

BB. “Recognized school” shall mean a school of massage which entails the following:

1. Teaches the theory, ethics, practice including anatomy and physiology, profession and work of massage; and

2. Requires a residence course of study to be given and completed before the student is furnished with a diploma, certificate of learning or completion or degree in massage; and

3. The massage program provides an organized plan of study of massage and related subjects for a minimum of three hundred hours and has been approved by the State of California Consumer Bureau, or the Department of Consumer Affairs or an accredited college, university or junior college established pursuant to Education Code Section 100850, or if said school is not located in California, has complied with the standards commensurate with those of a school of equal or greater training that is approved by the corresponding agency in another state, or accredited by an agency recognized by the United States Department of Education.

CC. “Sole proprietorship” shall mean a massage business where the owner owns one hundred percent of the business, is the only person who provides massage services for compensation for that business, and has no other employees or independent contractors that perform massage therapy services for the business.

DD. “Spa” or “day spa” shall mean a business that offers a variety of services intended to meet personal needs of individuals such as skin treatment, manicures and pedicures and massage.

EE. “Visitor” shall mean any individual not retained or employed by the massage establishment and not receiving or waiting to receive massage therapy services, but excluding law enforcement personnel or governmental officials performing governmental business. (Ord. 705-2016 § 2 (part), 2016)

5.24.030 Exemptions.

The provisions of this chapter shall not apply to the following classes of individuals or businesses while engaged in the performance of their duties in their respective professions:

A. Physicians, surgeons, chiropractors, osteopaths, podiatrists, acupuncturists, physical therapists, nurses or any other person duly licensed to practice any healing art and/or their respective profession under the provisions of Division 2 (commencing with Section 500) of the Business and Professions Code when engaging in such practice within the scope of his or her license.

B. Persons operating or employed at hospitals, nursing homes, sanitariums or any other health facility duly licensed by the state of California.

C. Trainers of any amateur, semi-professional or professional athlete or athletic team, so long as such persons do not practice massage therapy as their primary occupation at any location where they provide such services in the city, and the practice of massage is limited to such athletes and athletic teams.

D. Barbers, cosmetologists or estheticians who are duly licensed under the laws of the state of California, while engaging in practices within the scope of their licenses, so long as the barber, cosmetologist or esthetician limits any massages he/she performs in the course of his/her professional duties to the neck, face and/or scalp, hands or feet of the clients when that massage is accessory to and within the scope of the barber’s, cosmetologist’s and esthetician’s state license.

E. Enrolled students of a school of massage when they are performing massage within the city as part of a formal, supervised, internship or training program operated by the school, without compensation other than school credit, on the premises of a massage establishment duly authorized to operate pursuant to the terms of this chapter; and provided that the operator of the massage establishment has first notified the permit authority in writing of the name, residence address and school of the students and the dates of the trainings.

F. Persons performing a therapeutic modality for which the state does not offer licenses or certification under the provisions of Division 2 (commencing with Section 500) of the Business and Professions Code and the modality is performed with minimal touching and the client remains fully clothed at all times, such as reiki, reflexology that is performed only to the hands, feet and neck area of a patron’s body, or the Bowen Technique and/or somatic practitioners who use no physical touch of any kind at any time in their practice.

G. Persons administering massages or health treatments at single-occurrence athletic, recreational or educational events. (Ord. 705-2016 § 2 (part), 2016)

5.24.040 Minimum requirements for all massage therapists and massage establishments.

A. Massage Therapists. It shall be unlawful for any person to perform or engage in the practice of massage therapy for compensation within the city unless that person possesses one of the following:

1. A current, valid, unsuspended and unrevoked CAMTC certificate as defined in Section 5.24.020(C); or

2. A current, valid, unsuspended and unrevoked massage therapist permit pursuant to Section 5.24.100.

B. Massage Establishments. It shall be unlawful for any massage business or establishment, owner or manager, to employ or retain any person to practice massage therapy for compensation, or to allow any person to perform massage therapy for compensation, unless that person possesses either a CAMTC certificate or a massage therapist permit.

C. Massage Establishments. It shall be unlawful for any massage establishment to operate without possessing a current, valid, unsuspended and unrevoked massage establishment permit pursuant to Section 5.24.080. (Ord. 705-2016 § 2 (part), 2016)

5.24.050 Business license required.

In addition to the minimum requirements set forth in Section 5.24.040, it shall be unlawful to transact and carry on any business, trade, profession, calling or occupation relating to massage without first having procured a business license from the city to transact or carry on said business, trade, profession, calling or occupation, pursuant to Chapter 5.04 and the definitions stated therein.

The fee for a city business license shall be assessed pursuant to Section 5.04.170, as amended by council from time to time. (Ord. 705-2016 § 2 (part), 2016)

5.24.060 Time for compliance with minimum requirements.

A. Upon application for a business license pursuant to Chapter 5.04 or renewal of an existing business license for a massage business, the applicant shall show proof of compliance with Section 5.24.040.

B. All persons, massage businesses or establishments, including its owners, operators, managers and employees shall comply with all other applicable sections of this chapter upon its effective date. (Ord. 705-2016 § 2 (part), 2016)

5.24.070 Home occupation massage therapist.

Any massage therapist conducting, performing, engaging in or giving massages at their residence is deemed a home occupation massage therapist and must obtain a home occupation permit pursuant to Section 18.03.190 and comply with the standards set forth in Section 18.09.120. The massage therapist conducting, performing, engaging in or giving massages shall also comply with the requirements of Section 5.24.040(A). (Ord. 705-2016 § 2 (part), 2016)

5.24.080 Massage establishment permit—Required for massage establishments.

A. Valid Permit Required. It is unlawful and a violation of this chapter for any person, firm, association, corporation, limited partnership, limited liability company or other entity to own, operate, engage in, conduct, permit or carry on in any way a massage establishment without a valid, unsuspended, unrevoked massage establishment permit.

B. Single Permit for Each Location. Only one massage establishment permit shall be granted for each fixed location where any of the massage therapy occurs. The owner of the massage establishment, as defined in this chapter, shall hold the permit. If there are multiple owners, the chief of police, or his or her designee, will issue the permit to one of the owners.

C. Permit Not Issued if Disqualifying Offenses Committed. A massage establishment permit shall not be issued to any massage establishment where any owner(s), operator(s), manager(s), employee(s), massage therapist(s), or any other individual associated with the massage establishment has committed a disqualifying offense as defined in Section 5.24.020(I). (Ord. 705-2016 § 2 (part), 2016)

5.24.090 Massage establishment permit—Requirements, denial, suspension and revocation and due process.

A. Application. Any applicant wishing to obtain a massage establishment permit shall personally appear at the police department and file an application on a form provided by the chief of police, or his or her designee. The application shall include the following information:

1. The name, address and telephone number of the applicant and all persons to be directly or indirectly interested in the permit, such as other owner(s), if issued;

2. A copy of the applicant’s government issued identification card;

3. The name, address and telephone number of the massage establishment;

4. The form of business under which the applicant will be conducting the massage establishment, i.e., corporation, general or limited partnership, limited liability company, or other form. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of its officers, directors, and each shareholder holding more than ten percent of the stock of the corporation. If the applicant is a general or limited partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply. If the applicant is a limited liability company, the application shall set forth the name and residence address of each of the members. If one or more of the members is a partnership, limited liability company, or corporation, the provisions of this section pertaining to a partnership, limited liability company or corporate applicant shall apply, as applicable;

5. The name and address of the owner of the real property upon, in or from which the massage establishment is to be operated. In the event the applicant is not the legal owner of the property, the application shall be accompanied by a copy of any written lease between the applicant and the property owner authorizing use of the premises for a massage establishment, or, alternatively, if there is no written lease, then a written, notarized acknowledgment from the property owner that the property owner has been advised that a massage establishment will be operated by the applicant upon, in or from the property owner’s property;

6. A description of the proposed massage establishment, including the type of treatments to be administered;

7. The name and address of all persons currently employed or intended to be employed, the nature of work each employee is intended to perform and for each person that the massage establishment does or will employ or retain to perform massage therapy for compensation, whether on-site or out-call, a copy of each massage therapist’s current government issued identification card and a copy of either their CAMTC certificate or their massage therapist permit;

8. Whether any license or permit has ever been issued to the applicant by any jurisdiction under the provisions of any ordinance or statute governing massage or somatic practice, and as to any such license or permit, the name and address of the issuing authority, the effective dates of such license or permit, whether such license or permit was ever suspended, revoked, withdrawn or denied, and copies of any documentary materials relating to such suspension, revocation, withdrawal or denial;

9. Whether the applicant or any other owner(s), employee(s) or intended employee(s) has within the five years immediately preceding the date of application been convicted in any state of any felony;

10. Whether the applicant or any other owner(s), employee(s) or intended employee(s) is currently required to register under the provisions of Section 290 of the California Penal Code;

11. The applicant’s business, occupation and employment history for five years preceding the date of application, and the inclusive dates of same;

12. One set of fingerprints and photographs of the applicant and any other person interested in the permit, such as any other owner(s), in a form satisfactory to the chief of police, or his or her designee. At the time of the fingerprinting, the applicant shall pay the police department the fingerprinting fee and the cost of obtaining criminal history information and conducting a background investigation. Fees are set forth in the city’s fee schedule in amounts established by resolution of city council and may be amended by council from time to time. Any applicant who is CAMTC certified shall not be subject to a background check or fingerprinting and shall be exempt from this subsection (A)(12);

13. A written statement that neither the applicant nor any persons to be directly or indirectly interested in the permit, if granted, have knowingly made any false, misleading, or fraudulent statement of facts in the application for the permit or in any other document required by the city of Cloverdale;

14. Certification, under penalty of perjury, that neither the applicant, nor any other owner(s), employee(s) or intended employee(s), have committed any disqualifying offenses as defined by Section 5.24.020(I);

15. Such other information as may be required by the chief of police, or his or her designee, or any other city official to determine compliance with any other eligibility requirements for issuance of the permit as specified by federal, state or local law.

B. Application Fee. An application for a massage establishment permit shall be accompanied by a fee as established by the city’s master fee schedule.

C. Issuance. The chief of police, or his or her designee, shall grant a massage establishment permit to an applicant who has satisfied the requirements of this section and all other applicable laws, including, but not limited to, the city’s building, zoning and health regulations. The massage establishment permit shall be nontransferable and cannot be sold.

D. Denial. The chief of police, or his or her designee, shall determine, based on the background investigation, fingerprints and the information submitted with the application, whether a massage establishment permit shall be issued. If the chief of police, or his or her designee, determines that the applicant is disqualified due to a disqualifying offense, the chief of police, or his or her designee, shall inform the applicant in writing and specify the reasons for the denial.

E. Notice of Denial—Appeal—Judicial Review. If an application for a massage establishment permit is denied, the chief of police, or his or her designee, shall serve on the applicant, in a manner that conforms to Chapter 1.20, a written notice of denial which shall specify the grounds for the denial.

1. Any applicant aggrieved by the decision of the chief of police, or his or her designee, may appeal that decision to the city manager, or his or her designee, by filing a notice of appeal within ten days of being notified of the decision.

2. The city manager, or his designee, shall schedule a hearing within thirty days and provide written notice of the time, date and location of the hearing to the appellant. The hearing shall be conducted pursuant to Chapter 1.20. The city manager, or his or her designee, shall render a decision within thirty days of the conclusion of the hearing, unless the parties agree otherwise.

3. The written decision of the city manager, or his or her designee, may be appealed and shall be subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6.

F. Display of Permit. Each holder of a massage establishment permit shall display that permit in an open and conspicuous place on the premises visible from the main entry door and/or reception and waiting area of the massage establishment. The home address of any employee need not be displayed.

G. Term. A massage establishment permit issued pursuant to the terms of this chapter shall be valid for a term of one year from the date of issuance, and, unless suspended or revoked, must be renewed by the applicant annually so long as the applicant is operating within the city. A massage establishment permit may not be renewed or amended by the applicant unless and until all due and unpaid citations issued to the owner, operator, manager or any employee of the establishment, pursuant to this chapter, are paid in full. Citations shall not be deemed to be due and unpaid until the thirty-day period for appeal of the citation has passed.

H. Amendments. Whenever the information provided in the application for a massage establishment permit on file with the city changes, for example by a change in employees, the applicant shall, within ten business days after such change, file with the chief of police, or his or her designee, an application for amendment to the massage establishment permit to reflect such change. An application for an amendment to a massage establishment permit shall be accompanied by a fee as established by the city’s master fee schedule. It shall be unlawful and a violation of this chapter for any owner or manager to allow any person to perform massage therapy for compensation unless and until an amended massage establishment permit has been issued by the chief of police, or his or her designee.

I. Grounds for Suspension or Revocation. For the purpose of enforcing the requirements of this chapter, the massage establishment owner, operator and/or manager shall be responsible for the conduct of all massage establishment employees, agents, independent contractors or other representatives while such persons are on the premises of the massage establishment or providing out-call massage services on behalf of the massage establishment.

1. In addition to any other remedy available to the city, any massage establishment permit issued pursuant to this chapter may be suspended or revoked by the chief of police, or his or her designee, after a hearing, where it is found by a preponderance of the evidence, that one or more of the following have occurred on even a single occasion:

a. The permit holder, or any person employed or retained by the massage establishment, has been found to have violated any provision of this chapter; or

b. The permit holder, or any person employed or retained by the massage establishment has been convicted in a court of competent jurisdiction of having violated, or has engaged in conduct constituting a violation of a provision or provisions of this chapter or the Massage Therapy Act or some other state or federal law, including any of the following violation(s) of Penal Code Sections 243.4, 261, 266a through 266j, inclusive, 267, 288, 314 to 316, inclusive, 318, 647a, 647b, 647d, 647i, 647j, any offenses requiring registration under Penal Code Section 290 or Health and Safety Code Section 11590; any felony offense involving the possession for sale, sale, transportation, furnishing or giving away of a controlled substance specified in Health and Safety Code Sections 11054 to 11058, inclusive, as amended; any offense in another state which, if committed in California, would have been punishable as one or more of the offenses mentioned here, any offense involving the use of force or violence upon the person of another, or any offense involving the use of force or violence upon the person of another, or any offense involving theft, embezzlement or moral turpitude; or

c. The permit holder, or any person employed or retained by the massage establishment, has been subject to a permanent injunction against the conducting or maintaining of a nuisance pursuant to this municipal code, or Sections 11225 through 11235 of the California Penal Code, or any similar provision of law in any jurisdiction outside the state of California; or

d. The permit holder, or any person employed or retained by the massage establishment, has engaged in fraud or misrepresentation or has knowingly made a misstatement of material fact while working in or for the massage establishment; or

e. A massage establishment permit was obtained with fraudulent or deceitful information; or

f. The permit holder has continued to operate or conduct massages after the massage establishment permit was suspended; or

g. Massage treatments are or have been performed on the premises of the massage establishment, with or without the permit holder’s actual knowledge, by any person who does not possess a CAMTC certificate or a massage therapist permit; or

h. The massage establishment is not being maintained in compliance with the provisions of this chapter, the Massage Therapy Act (Business and Professions Code Sections 4600 through 4621), any other provision of the Cloverdale Municipal Code or any other local, state or federal law and the permit holder has failed to promptly remedy any deficiency for which they have received notice; or

i. There have been one or more acts prohibited under California Penal Code Section 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22 taking place on the premises of the massage establishment, whether or not any criminal prosecution has been pursued or conviction obtained for such acts, and whether or not they occurred with or without the actual knowledge of the permit holder; or

j. The permit holder has committed a disqualifying offense pursuant to Section 5.24.020(I).

2. Upon revocation of a massage establishment permit, the permit holder shall ensure that the massage establishment immediately ceases any operation or business related to massage.

J. Process of Suspension or Revocation.

1. The chief of police, or his or her designee, before revoking or suspending any massage establishment permit, shall serve the permit holder and/or the massage establishment owner(s), operator(s) and/or manager(s) with written notice of revocation or suspension in a manner that conforms to Chapter 1.20 and a date for the hearing on the matter. The notice shall state the basis for the potential revocation or suspension and the date and time for the hearing.

2. The hearing shall be conducted by the chief of police, or his or her designee, and shall be an informal proceeding. The chief of police, or his or her designee, shall consider the facts and evidence and shall make a determination, based upon a preponderance of the evidence, whether the massage establishment permit should be revoked or suspended.

3. The chief of police, or his or her designee, shall serve the permit holder and/or the massage establishment owner(s), operator(s) and/or manager(s) with written notice of revocation or suspension in the manner set forth in Chapter 1.20. The notice shall state the grounds for revocation or suspension.

4. Any permit holder aggrieved by the decision of the chief of police, or his or her designee, may appeal that decision to the city manager, or his or her designee, by filing a notice of appeal within ten days of being notified of the decision.

5. The city manager, or his or her designee, shall schedule a hearing within thirty days and provide written notice of the time, date and location of the hearing to the appellant. The hearing shall be conducted pursuant to Chapter 1.20. The city manager, or his or her designee, shall render a decision within thirty days of the conclusion of the hearing, unless the parties agree otherwise.

6. The written decision of the city manager, or his or her designee, may be appealed and shall be subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6. (Ord. 705-2016 § 2 (part), 2016)

5.24.100 Massage therapist permit—Required for massage therapists.

A. Valid Permit Required. It is unlawful and a violation of this chapter for any person, who is not CAMTC certified, to perform or engage in the practice of massage therapy in the city of Cloverdale without a valid, unsuspended, unrevoked, massage therapist permit.

B. Permit Not Issued if Disqualifying Offenses Committed. A massage therapist permit shall not be issued to any massage therapist where the applicant has committed a disqualifying offense as defined in Section 5.24.020(I).

C. Any massage therapist who possesses a CAMTC certificate shall be exempt from the requirements of this section. (Ord. 705-2016 § 2 (part), 2016)

5.24.110 Massage therapist permit—Minimum educational requirements.

A. Massage therapist applicants must provide the chief of police, or his or her designee, with evidence that they possess at least two of the following minimum qualifications before a massage therapist permit may be issued:

1. An original copy of a diploma, certificate or academic transcript that demonstrates completion of three hundred hours of in-class instruction from a recognized school; or

2. Satisfactory passage of the Board certification examination, or its equivalent, offered by the National Certification Board for Therapeutic Massage and Bodywork; or

3. Membership in good standing in a national professional massage organization or association that requires its members to have the following:

a. Substantiation of at least one hundred hours of massage training or education;

b. Possession of practitioner’s liability insurance coverage in the minimum amount of one million dollars per event;

c. Adherence to a code of ethics; and

d. Renewal of membership at a minimum of once every two years; or

4. The applicant has a longstanding (over twenty years) history of conducting massages in the city without any complaints or municipal code violations. (Ord. 705-2016 § 2 (part), 2016)

5.24.120 Massage therapist permit—Requirements, denial, suspension and revocation and due process.

A. Application. Any applicant wishing to obtain a massage therapist permit shall personally appear at the police department and file an application on a form provided by the chief of police, or his or her designee. The application shall include the following information:

1. If the applicant is a U.S. citizen, his or her social security number, driver’s license number, birth certificate, address and telephone number;

2. If the applicant is not a U.S. citizen, his or her original Immigration and Naturalization Service documents, to be verified by the chief of police, or his or her designee;

3. The name, address and telephone number of the massage establishment where the applicant intends to be employed or if the applicant is a sole proprietorship or the owner of a business then the name, address and telephone number of that business;

4. The form of business under which the applicant will be conducting the massage, i.e., sole practitioner, corporation, general or limited partnership, limited liability company, or other form. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of its officers, directors, and each shareholder holding more than ten percent of the stock of the corporation. If the applicant is a general or limited partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply. If the applicant is a limited liability company, the application shall set forth the name and residence address of each of the members. If one or more of the members is a partnership, limited liability company, or corporation, the provisions of this section pertaining to a partnership, limited liability company, or corporate applicant shall apply, as applicable;

5. The name and address of the owner of the real property upon, in, or from which the massage establishment is to be operated. In the event the applicant is not the legal owner of the property, the application shall be accompanied by a copy of any written lease between the applicant and the property owner authorizing use of the premises for a massage establishment, or, alternatively, if there is no written lease, then a written, notarized acknowledgment from the property owner that the property owner has been advised that a massage establishment will be operated by the applicant upon, in, or from the property owner’s property;

6. A description of the types of massage and services that the massage therapist is qualified to offer;

7. The name, address, telephone number of places of residence and employment of the applicant for the last five years;

8. Whether any license or permit has ever been issued to the applicant by any jurisdiction under the provisions of any ordinance or statute governing massage or somatic practice, and as to any such license or permit, the name and address of the issuing authority, the effective dates of such license or permit, whether such license or permit was ever suspended, revoked, withdrawn, or denied; and copies of any documentary materials relating to such suspension, revocation, withdrawal, or denial;

9. Whether the applicant has, within the five years immediately preceding the date of application, been convicted in any state of any felony;

10. Whether the applicant is currently required to register under the provisions of Section 290 of the California Penal Code;

11. One set of fingerprints and photographs for each applicant in a form satisfactory to the chief of police, or his or her designee. At the time of the fingerprinting, the applicant shall pay the police department a fingerprinting fee and the cost of obtaining criminal history information and conducting a background investigation. Fees are set forth in the city’s fee schedule in amounts established by resolution of city council and may be amended by council from time to time;

12. A written statement that neither the applicant nor any persons to be directly or indirectly interested in the permit, if granted, have knowingly made any false, misleading, or fraudulent statement of facts in the application for the permit or in any other document required by the city of Cloverdale;

13. Certification, under penalty of perjury, that the applicant has not committed any disqualifying offenses as defined by Section 5.24.020(I);

14. Such other information as may be required by the chief of police, or his or her designee, or any other city official to determine compliance with any other eligibility requirements for issuance of the permit as specified by federal, state, or local law. The chief of police, or his or her designee, may waive any of the requirements of this section;

15. Any original documents demonstrating the fulfillment of the minimum educational requirements for massage therapists that are not CAMTC certified, as set forth in Section 5.24.110.

B. Home Occupation Massage Therapist. An application by a person conducting, performing, engaging in or giving massages at their residence is deemed a home occupation massage therapist and must indicate in the application for a massage therapist permit such an intent to operate as such.

C. Application Fee. An application for a massage therapist permit shall be accompanied by a fee as established by the city’s master fee schedule.

D. Issuance. The chief of police, or his or her designee, shall grant a massage therapist permit to an applicant who has satisfied the requirements of this section and all other applicable laws, including, but not limited to, the city’s building, zoning, and health regulations. The massage therapist permit shall be nontransferable and cannot be sold.

E. Denial. The chief of police, or his or her designee, shall determine, based on the background investigation, fingerprints and the information submitted with the application, whether a massage therapist permit shall be issued. If the chief of police, or his or her designee, determines that the applicant is disqualified due to a disqualifying offense, the chief of police, or his or her designee, shall inform the applicant in writing and specify the reasons for the denial.

F. Notice of Denial—Appeal—Judicial Review. If an application for a massage therapist permit is denied, the chief of police, or his or her designee, shall serve on the applicant, in a manner that conforms to Chapter 1.20, a written notice of denial which shall specify the grounds for the denial.

2. The city manager, or his or her designee, shall schedule a hearing within thirty days and provide written notice of the time, date and location of the hearing to the appellant. The hearing shall be conducted pursuant to Chapter 1.20. The city manager, or his or her designee, shall render a decision within thirty days of the conclusion of the hearing, unless the parties agree otherwise.

G. Display of Permit. Each holder of a massage therapist permit shall display that permit in an open and conspicuous place on the premises visible from the main entry door and/or reception and waiting area of the massage establishment. The home address of any employee need not be displayed.

H. Term. A massage therapist permit issued pursuant to the terms of this chapter shall be valid for a term of one year from the date of issuance, and, unless suspended or revoked, must be renewed by the applicant annually so long as the applicant is operating within the city. A massage therapist permit may not be renewed or amended by the applicant unless and until all due and unpaid citations issued to the owner, operator, manager or any employee of the establishment, pursuant to this chapter, are paid in full. Citations shall not be deemed to be due and unpaid until the thirty-day period for appeal of the citation has passed.

I. Amendments. Whenever the information provided in the application for a massage therapist permit on file with the city changes, for example by a change in address or telephone number, the applicant shall, within ten business days after such change, file with the chief of police, or his or her designee, an application for amendment to the massage therapist permit to reflect such change. An application for an amendment to a massage therapist permit shall be accompanied by a fee as established by the city’s master fee schedule. It shall be unlawful and a violation of this chapter for any owner or manager to allow any person to perform massage therapy for compensation unless and until an amended massage therapist permit has been issued by the chief of police, or his or her designee. A massage therapist permit may not be renewed or amended by the applicant unless and until due and unpaid citations issued to the operator pursuant to this chapter are paid in full. Citations shall not be deemed to be due and unpaid until the thirty-day period for appeal of the citation has passed.

J. Grounds for Suspension or Revocation.

1. In addition to any other remedy available to the city, any massage therapist permit, issued pursuant to this chapter, may be suspended or revoked by the chief of police, or his or her designee, after a hearing, where it is found by a preponderance of the evidence, that one or more of the following have occurred on even a single occasion:

a. The permit holder, or any person employed or retained by the permit holder, has been found to have violated any provision of this chapter; or

b. The permit holder, or any person employed or retained by the permit holder, has been convicted in a court of competent jurisdiction of having violated, or has engaged in conduct constituting a violation of a provision or provisions of this chapter or the Massage Therapy Act or some other state or federal law, including any of the following violation(s) of Penal Code Sections 243.4, 261, 266a through 266j, inclusive, 267, 288, 314 to 316, inclusive, 318, 647a, 647b, 647d, 647i, 647j, any offenses requiring registration under Penal Code Section 290 or Health and Safety Code Section 11590; any felony offense involving the possession for sale, sale, transportation, furnishing, or giving away of a controlled substance specified in Health and Safety Code Sections 11054 to 11058, inclusive, as amended; any offense in another state which, if committed in California, would have been punishable as one or more of the offenses mentioned here, any offense involving the use of force or violence upon the person of another, or any offense involving the use of force or violence upon the person of another, or any offense involving theft, embezzlement, or moral turpitude; or

c. The permit holder, or any person employed or retained by the permit holder, has been subject to a permanent injunction against the conducting or maintaining of a nuisance pursuant to this municipal code, or Sections 11225 through 11235 of the California Penal Code, or any similar provision of law in any jurisdiction outside the state of California; or

d. The permit holder, or any person employed or retained by the permit holder, has engaged in fraud or misrepresentation or has knowingly made a misstatement of material fact while working in or for the massage establishment; or

e. A massage therapist permit was obtained with fraudulent or deceitful information; or

f. The permit holder has continued to operate or conduct massages after the massage therapist permit was suspended; or

g. Massage treatments are or have been performed by any person who does not possess a CAMTC certificate or a massage therapist permit; or

h. The permit holder is not complying with the provisions of this chapter, the Massage Therapy Act (Business and Professions Code Sections 4600 through 4621), any other provision of the Cloverdale Municipal Code or any other local, state or federal law and the permit holder has failed to promptly remedy any deficiency for which they have received notice; or

j. The permit holder has committed a disqualifying offense pursuant to Section 5.24.020(I).

2. Upon revocation of a massage therapist permit, the permit holder shall ensure that he or she immediately ceases any performance or engagement in massage therapy.

K. Process of Suspension or Revocation.

1. The chief of police, or his or her designee, before revoking or suspending any massage therapist permit, shall serve the permit holder and/or the massage establishment owner(s), operator(s) and/or manager(s) with written notice of revocation or suspension in a manner that conforms to Chapter 1.20 and a date for the hearing on the matter. The notice shall state the basis for the potential revocation or suspension and the date and time for the hearing.

5.24.130 Out-call massage and on-site massage restrictions.

A. No person or massage business shall perform either on-site massage or out-call massage for compensation without possessing either a CAMTC certificate or a massage therapist or establishment permit in conjunction with a valid city business license and any other city permits that may be necessary.

B. Out-call massage and on-site massage shall only be conducted between the hours of seven a.m. and ten p.m.

C. Out-call massage or on-site massage shall not be conducted in a hotel/motel room or any other similar location used primarily for transitory habitation purposes. (Ord. 705-2016 § 2 (part), 2016)

5.24.140 Health and safety requirements for all massages.

Except as otherwise specifically provided in this chapter, all massage business owners, operators, employees, sole proprietors, independent contractors, home occupation massage therapists, and any person performing massage within the city shall comply with all of the following health and safety requirements. The chief of police, or his or her designee, may waive any of the requirements of this section if the chief of police, or his or her designee, determines that such a waiver will have no impact on public safety or neighborhood quality of life. The chief of police, or his or her designee, will also take into consideration whether compliance with the requirements of this section would place an undue financial burden on or would be physically infeasible.

A. The massage establishment and massage therapists shall at all times be equipped with an adequate supply of clean, sanitary towels, nondisposable coverings, and linens, and all massage tables shall be covered with a clean sheet or other clean covering for each patron. After a towel, covering, or linen has been used once, it shall be deposited in a closed receptacle and not used again until properly laundered and sanitized. Towels, nondisposable coverings, and linens shall be laundered either by regular commercial laundering, or by a noncommercial laundering process that includes immersion in water at least one hundred forty degrees Fahrenheit for not less than fifteen minutes during the washing or rinsing operation. Clean towels, coverings, and linens shall be stored in closed, clean cabinets when not in use. Towels, nondisposable coverings, and linens shall not be used on more than one client, unless they have first been laundered and disinfected. Disposable towels and disposable coverings shall not be used on more than one client. Soiled linens and paper towels shall deposited in separate receptacles.

B. In a massage establishment, all massage therapy rooms or cubicles, wet and dry heat rooms, toilet rooms, steam or vapor rooms or cabinets, shower compartments, bathrooms, hot tubs, whirlpool baths and pools shall be thoroughly cleaned and disinfected as needed, and at least once each business day when the premises have been or will be open and such facilities in use, with a hospital-grade disinfectant. All bathtubs shall be thoroughly cleaned and disinfected after each use with a hospital-grade disinfectant. All walls, ceilings, floors and other physical facilities for the establishment shall be in good repair and maintained in a clean and sanitary condition.

C. All equipment used for massage shall be maintained in a clean and sanitary condition. Instruments utilized in performing massage techniques shall not be used on more than one client unless they have been sterilized, using standard sterilization methods.

D. All liquids, creams or other preparations used on or made available to patrons shall be kept in clean and closed containers. Powders may be kept in clean shakers. All bottles and containers shall be distinctly and correctly labeled to disclose their contents. When only a portion of a liquid, cream or other preparation is to be used on or made available to a patron, it shall be removed from the container in such a way as not to contaminate the remaining portion.

E. No invasive procedures shall be performed on any patron. Invasive procedures include, but are not limited to:

1. Application of electricity that contracts the muscle;

2. Penetration of the skin by metal needles;

3. Removal of skin by means of any razor-edged instrument or other device or tool; and

4. Other similar procedures.

F. All bathrobes, bathing suits, and/or other garments that are provided for the use of patrons shall be fully disposable and not used by more than one patron, or shall be laundered after each use pursuant to subsection A of this section.

G. All combs, brushes, and/or other personal items of grooming or hygiene that are provided for the use of patrons shall be either fully disposable and not used by more than one patron, or shall be fully disinfected after each use.

H. No patrons shall be allowed to use any shower facilities unless such patrons are wearing slip-resistant sandals or flip-flops while in the shower compartment. All footwear such as sandals or flip-flops that are provided for the use of patrons either shall be fully disposable and not used by more than one patron, or shall be fully disinfected after each use.

I. No massage shall be given unless the client’s genitalia and female breasts are, at all times, fully covered. Genitalia shall include the genitals, anus, and perineum of any person. The patron’s genitals, pubic area, anus, and areola must be fully draped at all times while any individual employed or retained by the massage establishment to practice massage for compensation, or any other employee or operator of the massage establishment, is in the massage therapy room or cubicle with the patron. No massage therapy shall be provided for sexual gratification by intentional contact, or occasional and repetitive contact, with the genitals, pubic area, anus, or areola of a patron, either covered or uncovered.

J. No massage establishment shall have any alcohol for consumption or illegal controlled substance on the premises at any time except for those massage establishments who obtain authorization from the chief of police, or his or her designee, and any necessary licenses from the state of California that may be necessary to provide minimal quantities of alcohol to a client as a part of the establishment’s services for specific occasions throughout the year such as Mother’s Day, Easter, etc.

K. No massage shall be given by any massage therapist who is consuming, or under the influence of, any alcoholic beverage or illegal controlled substance.

L. The following attire and physical hygiene requirements shall be applicable to all employees and any other persons who work permanently or temporarily on the premises of a massage establishment within the city, including, but not limited to, all persons who are employed or retained to practice massage for the massage establishment and any person performing massage:

1. No person shall dress in:

a. Attire that is transparent, see-through, or substantially exposes the person’s undergarments;

b. Swim attire, if not providing a water-based massage modality approved by the California Massage Therapy Council;

c. A manner that exposes the person’s breasts, buttocks, or genitals; and

d. A manner that constitutes a violation of Section 314 of the California Penal Code.

2. No massage establishment operator, employee, or visitor shall, while on the premises of a massage establishment or while performing any out-call massage service, and while in the presence of any patron, customer, employee or visitor, expose his or her genitals, buttocks or chest.

M. All massage therapists shall thoroughly wash their hands with soap and water or any equally effective cleansing agent immediately before providing massage therapy to a patron. No massage therapy shall be provided upon a surface of the skin or scalp of a patron where such skin is inflamed, broken (e.g., abraded or cut), or where a skin infection or eruption is present.

N. No massage therapist or massage establishment shall place, publish or distribute or cause to be placed, published or distributed any advertising material that depicts any portion of the human body that would reasonably suggest to prospective customers that services prohibited by this chapter are available, nor shall any massage therapist or massage establishment employ language in any advertising text or business name that would reasonably suggest to a prospective client that any service is available that is prohibited under this chapter.

O. A massage therapist shall not violate the provisions of Sections 647(a) (soliciting to engage in lewd or dissolute conduct in a public place) and 647(b) (soliciting to engage in or engaging in any act of prostitution) of the California Penal Code, or any other state law involving a crime of moral turpitude, and such practices shall not be allowed or permitted by the massage business. (Ord. 705-2016 § 2 (part), 2016)

5.24.150 Operating requirements for massage.

Except as otherwise specifically provided, the following operational requirements shall be applicable to all massage establishments located within the city. The chief of police, or his or her designee, may waive any of the requirements of this section if the chief of police, or his designee, determines that such a waiver will have no impact on public safety or neighborhood quality of life. The chief of police, or his or her designee, will also take into consideration whether compliance with the requirements of this section would place an undue financial burden on or would be physically infeasible.

A. The CAMTC certificate or the massage therapist permit shall be displayed in the reception area or in the area where massage is to be performed for all massage therapists performing or engaging in massage for the massage establishment or anyone performing or engaging in massage as an out-call, or a home occupation massage therapist. CAMTC certificates or the massage therapist permit of former employees, independent contractors, and volunteers shall be removed as soon as those massage therapists are no longer performing massage at a massage establishment. No owner, operator or manager of a massage establishment shall allow or permit a person to administer massage for such establishment unless the practitioner possesses a valid CAMTC certificate or a massage therapist permit.

B. Massage performed at a massage establishment shall only be performed between the hours of seven a.m. and ten p.m. No massage business shall be open and no massage shall be provided between ten p.m. and seven a.m. A massage commenced prior to ten p.m. shall terminate prior to ten p.m. and all clients shall exit the massage establishment prior to ten p.m. The hours of operation of the massage establishment shall be displayed in a conspicuous, public place in the reception and waiting area and in any front window clearly visible from outside of the massage establishment.

C. Patrons and visitors shall be permitted in the massage establishment only during the hours of operation.

D. During the hours of operation, patrons shall be permitted in massage therapy rooms only if at least one duly authorized massage therapist is present on the premises of the massage establishment.

E. During the hours of operation, visitors shall not be permitted in massage therapy rooms of massage establishments except as follows:

1. The parents or guardian of a patron who is a minor child may be present in the massage therapy room with that minor child;

2. The minor child of a patron may be present in the massage therapy room with the patron when necessary for the supervision of the child; or

3. The conservator, aid, or other caretaker of a patron who is elderly or disabled may be present in the massage therapy room with that elderly or disabled person.

F. During the hours of operation, except as otherwise provided herein, no visitors shall be permitted in massage therapy rooms, dressing rooms, showers, or any other room or part of the massage establishment premises other than the reception and waiting area or the restrooms.

G. Except for a patron who is inside a massage therapy room for the purpose of receiving a massage, no patrons or visitors shall be permitted in or on the massage establishment premises at any time who are less than fully clothed in outer garments of nontransparent material, or who display or expose themselves in underclothing or similar intimate apparel.

H. A list of services available and the cost of such services shall be posted in an open and conspicuous public place on the premises, such as the reception area within the massage establishment, or provided to patrons before services are rendered as an out-call massage therapist or a home occupation massage therapist. The services shall be described in English and may also be described in such other languages as may be convenient. Out-call service providers shall provide such a list to clients in advance of performing any service. No massage establishment operator, owner, or manager shall permit, and no massage therapist shall offer to perform any service other than those posted or listed, as required herein, nor shall an owner, manager, or operator nor a massage therapist offer or charge a fee for any service other than those on the list of available services posted in the reception area or provided to the client in advance of any services.

I. One main entry door shall be provided for patron entry to the massage establishment, which shall open to an interior patron reception and waiting area immediately. All patrons and any persons other than individuals employed or retained by the massage establishment shall be required to enter and exit through the main entry door. Unless the massage establishment is a sole proprietorship, the main entry door shall be unlocked at all times during business hours.

J. No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises.

K. All interior doors of a massage establishment, including massage therapy rooms or cubicles, but excluding individual dressing rooms and toilet rooms, shall be incapable of being locked and shall not be blocked to prevent opening. Draw drapes, curtain enclosures, or accordion-pleated closures in lieu of doors are acceptable on all inner massage therapy rooms or cubicles.

L. Minimum lighting equivalent to at least one forty-watt light shall be provided in any area, cubicle, or room where massage is to be performed.

M. A massage table shall be used for all massage therapy, with the exception of “Thai,” “Shiatsu,” and similar forms of massage therapy, which may be provided on a padded mat on the floor, provided the patron is fully attired in loose clothing, pajamas, scrubs or similar style of garment. Massage tables shall have a minimum height of eighteen inches.

N. Beds, floor mattresses, and waterbeds are not permitted on the premises of the massage establishment, and no massage establishment, shall be used for residential or sleeping purposes.

O. All locker facilities that may be provided to patrons at a massage establishment shall be fully secured for the protection of the patrons’ valuables, and each patron shall be given control of the key or other means of access.

P. The massage establishment shall meet and be maintained in a condition to comply with all applicable building standards and fire code requirements (as adopted by Title 15), including, but not limited to, those related to the safety of structures, adequacy of the plumbing, lighting, heating, ventilation, waterproofing of rooms in which showers, water or steam baths are used, and the health and cleanliness of the facility.

Q. Clients of the massage establishment shall be furnished with a private dressing room. Dressing rooms need not be separate from the room in which the massage is being performed.

R. Toilet facilities shall be provided in convenient locations within the massage establishment and shall consist of at least one unisex toilet with lavatories or wash basins provided with soap and both hot and cold running water either in the toilet room or vestibule.

S. A minimum of one wash basin shall be available at all times for massage therapists performing massage. The basin shall be located within or as close as practicable to the area devoted to performing of massage services. Soap and sanitary towels shall also be available at each basin.

T. All records of employees, independent contractors, and volunteers who have performed massage for a massage establishment shall be retained for a period of two years and shall be made available to any city inspector upon request.

U. Massage therapists shall be fully clothed at all times. Clothing shall be of a fully opaque, nontransparent material and said garments shall not expose their genitals, pubic areas, buttocks or breasts.

V. Every massage business, including home occupation massage therapists, shall keep a written or electronic record of the date and hour of each treatment administered, the name and address of each patron, the name of the massage therapist administering treatment, and the type of treatment administered. Such written or electronic record shall be available for inspection by the city inspector. Such records shall be kept for a period of two years and shall be open to inspection by the city.

W. No massage establishment shall simultaneously operate as a school of massage or share facilities with a school of massage.

X. No massage establishment shall allow any person to reside within the massage establishment or in any attached structures owned, leased or controlled by the massage establishment owners. This section does not apply to those businesses that have been properly permitted as a home occupation.

Y. All massage establishments must comply with all state and federal laws and regulations pertaining to disabled clients.

Z. All massage establishments must comply with the city’s sign ordinance pursuant to Chapter 18.12. (Ord. 705-2016 § 2 (part), 2016)

5.24.160 Inspection of massage establishment by officials.

A. The investigating and enforcing officials of the city, including, but not limited to, the chief of police, or his or her designees, chief building official, or his or her designees, the chief of the fire department, or his or her designee, shall have the right to enter the massage establishment premises from time to time, during regular business hours, without a search or inspection warrant, for the purpose of making reasonable inspections to observe and enforce compliance with applicable laws, statutes and regulations, and with the provisions of this chapter. The chief building official and/or the chief of the fire department may charge a fee for any safety inspections, which shall be established by council.

B. The violator shall take immediate action to correct each violation noted by the city inspector. A reinspection will be performed within thirty days, or sooner as determined by the city official, to ensure that each violation noted by the city inspector has been corrected. (Ord. 705-2016 § 2 (part), 2016)

5.24.170 Exchange of information.

The city may, from time to time, request information from CAMTC pertaining to any person who possesses a CAMTC certificate and who is engaging in the practice of massage in the city. The requested information may include, but need not be limited to, the current status of a person’s CAMTC certificate, any history of disciplinary action(s) taken against the person, the home and work addresses of the CAMTC certificate holder and any other information that may be necessary to verify facts relevant to administering the provisions of this chapter. (Ord. 705-2016 § 2 (part), 2016)

5.24.180 Nuisance.

Any massage business or establishment operated, conducted or maintained contrary to the provisions of this chapter shall be unlawful and a public nuisance, and the city attorney may, in the exercise of his or her discretion, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in any manner provided by the Cloverdale Municipal Code and by law. All remedies provided for in this chapter are cumulative. (Ord. 705-2016 § 2 (part), 2016)

5.24.190 Prosecutorial discretion.

Pursuant to the city attorney’s prosecutorial discretion, the city may enforce violations of this chapter as criminal, civil and/or administrative violations utilizing administrative remedies. All remedies provided for in this chapter are cumulative. (Ord. 705-2016 § 2 (part), 2016)

5.24.200 Criminal prosecution.

A violation of any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall constitute a misdemeanor and at the discretion of the city attorney, a violation of any provision of this chapter may be prosecuted in a criminal court. Any violation of this chapter prosecuted as a misdemeanor shall be punishable by a fine of not more than one thousand dollars per violation or by imprisonment in the county jail for a period of not more than six months, or by both fine and imprisonment. All remedies provided for in this chapter are cumulative. (Ord. 705-2016 § 2 (part), 2016)

5.24.210 Administrative fines.

A violation of any of the provisions or failing to comply with any of the mandatory requirements of this chapter may result in the issuance of an administrative citation and the city may, at its discretion, seek an administrative fine of up to one thousand dollars.

A. Each violation of any provision of this chapter shall constitute a separate and distinct violation for each and every day during which any violation of any provision of this chapter is committed, continued or permitted by such person.

B. Notice of the assessed fine shall be served by certified mail with the legal violation and supporting facts in accordance with Chapter 1.18. The notice shall contain an advisement of the right to file an appeal and the process for contesting the imposition of the fine with the city. The appeal process and timeline shall follow those procedures and timelines set forth in Chapter 1.18.

C. If an appeal is not filed and the fine is not paid within thirty days from the date of the notice of fine or a notice of determination from the hearing officer, the fine may be referred to a collection agency within or external of the city.

D. Any outstanding amounts owed to the city may be recovered through a lien against any real property owned by the offending party or a personal obligation lien against the offending party. (Ord. 705-2016 § 2 (part), 2016)

5.24.220 Applicability of other ordinances.

Nothing contained in this chapter shall be construed to exempt any person from complying with the provisions of any other applicable ordinance, rule, or regulation, or to exempt a massage establishment or massage therapist from the provisions of any zoning, licensing or other building ordinance, rule or regulation. (Ord. 705-2016 § 2 (part), 2016)

5.24.230 Unlawful business practices may be enjoined.

Any massage establishment or business operated, conducted, or maintained contrary to the provisions of this chapter shall constitute an unlawful business practice pursuant to Business and Professions Code Section 17200 et seq., and the city attorney and/or district attorney may, in the exercise of discretion, in addition to or in lieu of taking any other action permitted by this chapter, commence an action or actions, proceeding or proceedings in an appropriate court of jurisdiction, seeking an injunction prohibiting the unlawful business practice and/or any other remedy available at law, including but not limited to fines, attorneys’ fees and costs. (Ord. 705-2016 § 2 (part), 2016)