Chapter 5.36
MASSAGE PRACTITIONERS AND MASSAGE ESTABLISHMENTS
Sections:
5.36.020 California Massage Therapy Council certificate required – Effective date.
5.36.030 Display, possession and notification of certification.
5.36.050 Business license required.
5.36.080 Health and safety regulations for massage establishments.
5.36.100 Grounds for suspension or revocation of business license.
5.36.110 Suspension or revocation of business license or conditional use permit and appeal.
Prior legislation: 1964 Code §§ 15B.1 through 15B.16 and 15B.18 through 15B.24 and Ords. 1232, 04-1906 and 09-1975.
5.36.010 Definitions.
For the purposes of this chapter, the words and phrases shall have the definitions listed below:
A. “California Massage Therapy Council” means the state-organized nonprofit organization created to regulate the massage industry as set forth in Chapter 10.5 of Division 2 of the Business and Professions Code of the state (commencing with Section 4600).
B. “Massage” means any method of treating the external parts of the body for remedial, hygienic, relaxation or any other reason or purpose, whether by means of pressure on, friction against or stroking, kneading, tapping, pounding, vibrating, rubbing or other manner of touching external parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powders, creams, ointment or other similar preparations commonly used in this practice. This definition exempts massage of the hands and feet of a seated customer or client when conducted solely for the purposes of administering manicures or pedicures and conducted by California licensed manicurists, pedicurists, beauticians, cosmetologists, or aestheticians. Also exempted is massage above the neck of a seated customer or client when conducted solely for the purposes of administering hair cutting, hair styling, facial hair removal, or nonpermanent makeup application to the face when conducted by California licensed barbers, hairdressers, beauticians, or cosmetologists.
C. “Massage establishment” means any business conducted within the city of Covina where any person, firm, association, partnership, corporation or combination of individuals engages in, conducts, carries on or permits to be conducted or carried on, for money or any other consideration, administration to another person of a massage, bath or health treatment involving massages or baths.
D. “Massage practitioner” means any person who administers to another person a massage either as an individual or within a massage establishment in exchange for anything of value whatsoever. The terms “massage therapist” and “massage technician” are included within this definition for purposes of this chapter.
E. “Operator” means all persons who have an ownership interest in a massage establishment and are responsible for the day-to-day operations of the massage establishment.
F. “Person” means any individual, corporation, partnership, association or other group or combination of the same acting as an entity. (Ord. 11-1997 § 1, 2011.)
5.36.020 California Massage Therapy Council certificate required – Effective date.
A. On or after January 1, 2012, any person engaged in the practice of massage must possess a current and valid certificate issued by the California Massage Therapy Council. Prior to engaging in, conducting or administering massage within the city for money or other consideration, a massage practitioner shall file a copy of his or her California Massage Therapy Council certificate with the Covina finance director or designee. Compliance with this section shall not excuse a massage practitioner for failing to obtain a Covina business license as required by this code.
B. On or after January 1, 2012, no massage establishment may allow any person to engage in the practice of massage unless that person possesses a current and valid certificate issued by the California Massage Therapy Council. Compliance with this section shall not excuse a massage establishment for failing to obtain a Covina business license and a conditional use permit as required by the Covina Zoning Code.
C. Prior to January 1, 2012, any person engaged in the practice of massage may do so pursuant to either a current and valid California Massage Therapy Council certificate or a city massage permit. Prior to January 1, 2012, a city massage permit shall be deemed equivalent to a California Massage Therapy Council certificate for purposes of compliance with this chapter. All city massage permits shall expire on January 1, 2012. Commencing on the effective date of the ordinance codified in this chapter, no further city massage permits will be issued or renewed.
D. Any city massage permit remaining in effect may be suspended or revoked for violations of this chapter, this code or state law pursuant to the procedures contained in Chapter 5.04 CMC for the suspension or revocation of a city business license. Any conditional use permit remaining in effect may be revoked for violations of this chapter, this code or state law pursuant to the procedures contained in Chapter 17.62 CMC for the revocation of a conditional use permit. (Ord. 11-1997 § 1, 2011.)
5.36.030 Display, possession and notification of certification.
A. Every person engaging in or carrying on the business of massage practitioner shall display a copy of his or her valid California Massage Therapy Council certificate in a conspicuous place. All massage practitioners shall notify the Covina finance director or designee of a change in the practitioner’s home address, and the address of the massage establishment where the practitioner is regularly employed or retained to provide massage, within 30 calendar days after such change.
B. Every person who owns or operates a massage establishment pursuant to this chapter shall maintain copies of California Massage Therapy Council certificates of each person engaging in or carrying on the business of a massage practitioner within that establishment or premises. All persons owning or operating a massage establishment pursuant to this chapter shall provide the Covina finance director or designee with a copy or other evidence of the California Massage Therapy Council certification of every massage practitioner who is employed by or operating out of the massage establishment, within 30 calendar days after the commencement of such massage practitioner’s period of employment. (Ord. 11-1997 § 1, 2011.)
5.36.040 Exemptions.
The provisions of this chapter shall not apply to physicians, surgeons, chiropractors, acupuncturists, physical therapists, osteopaths, or other persons licensed to practice any healing art 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. Practical nurses or other persons without qualifications as massage practitioners, whether or not employed by physicians, surgeons, chiropractors, acupuncturists, physical therapists, osteopaths or other persons licensed to practice any healing art, may not give massage or massage procedures. (Ord. 11-1997 § 1, 2011.)
5.36.050 Business license required.
A. Every massage practitioner performing massage within the city as an individual and every person who owns or operates a massage establishment shall possess and maintain a city business license and shall ensure that the applicable business license taxes and fees are paid. A massage practitioner employed by or operating out of a massage establishment shall not be required to possess and maintain a city business license for himself or herself, unless that practitioner also performs massage within the city as an individual outside of the massage establishment. The annual business license tax for massage practitioners and massage establishment owners or operators shall be the amounts set forth in CMC 5.04.510 (plus CMC 5.04.620 for establishments located within the Shoppers Lane parking improvement area). The annual business license application fee for massage practitioners and massage establishment owners or operators shall be the amounts set forth in CMC 5.04.235.
B. Any business license issued pursuant to this chapter shall be expressly contingent upon continuing compliance with this chapter and this code, Chapter 10.5 of Division 2 of the state Business and Professions Code, any applicable term or condition of a California Massage Therapy Council certificate and any applicable rule or regulation issued by the California Massage Therapy Council.
C. All business licenses issued by the city pursuant to this section shall expire on the first day of January of each year. A renewal business license may be issued upon payment of prescribed taxes and fees in accordance with Chapter 5.04 CMC. In the event that a license holder fails to apply to renew his or her business license within those times prescribed by Chapter 5.04 CMC, the license holder shall have to requalify as a new applicant, subject to all provisions and fees herein.
D. An application for a business license to perform massage as an individual or to own or operate a massage establishment shall include the following:
1. All information required by CMC 5.04.160;
2. A copy of the California Massage Therapy Council certificate for the individual practitioner, if the applicant is an individual, or for all massage practitioners employed at or operating out of the massage establishment, if the applicant is a massage establishment; and
3. All business license application taxes and fees as required by CMC 5.04.235, 5.04.510 or 5.04.620 or other applicable provision of this code.
E. Prior to issuing a business license pursuant to this chapter, the city may make reasonable investigations into the information provided in the business license application. The city may deny the application if the applicant provides materially false information or for those other grounds set forth in this code. (Ord. 11-1997 § 1, 2011.)
5.36.060 Changes of business.
Every massage establishment operator or manager shall report immediately to the Covina finance department any and all changes of ownership or management of the massage establishment or business, including, but not limited to, changes of manager or other person principally in charge, stockholders holding more than five percent of the stock of the corporation, officers, directors and partners in any and all changes of name, style or designation under which the business is to be conducted and all changes of address or telephone numbers of the massage business. (Ord. 11-1997 § 1, 2011.)
5.36.070 Zoning.
Massage practitioners and massage establishments that comply with the requirements of this chapter may operate in the same zones, with the same zoning restrictions and requirements, including obtaining a conditional use permit if applicable, as provided for in CMC Title 17 for the following personal or professional businesses:
A. Massage establishments;
B. Barber and/or beauty shops;
C. Educational or health activities including private schools, trade schools and health spas. (Ord. 11-1997 § 1, 2011.)
5.36.080 Health and safety regulations for massage establishments.
A. Zoning. Massage establishments shall be located in a zoning district which permits such use, and shall obtain a conditional use permit to the extent required by CMC Title 17 (see CMC 5.36.070).
B. Massage Tables. A massage table shall be provided in each massage room and the massage shall be performed on this massage table. The tables should have a minimum height of 18 inches. Two-inch-thick foam pads with a maximum width of four feet may be used on a massage table and shall be covered with durable, washable plastic or other waterproof material. Beds, floor mattresses, futons, sofa beds, and waterbeds are not permitted on the premises.
C. Sheets and Towels. All massage establishments shall be provided with clean laundered sheets and towels in sufficient quantity which shall be laundered after each use thereof and stored in a sanitary manner. Receptacles shall be provided for the storage of soiled linens and paper towels. Common use of towels or linen shall not be permitted.
D. Practitioner Garments. All massage practitioners shall wear garments which cover the entire body, exclusive of the head, neck, arms, legs, hands and feet, while giving a massage. The massage practitioner must be fully covered from a point not more than four inches above the center of the kneecap to the base of the neck, excluding the arms. Such garments shall not be transparent.
E. Cleanliness. All facilities for the massage establishment, including wet and dry heat rooms, shower areas, and restrooms, shall be in good repair and shall be thoroughly cleaned and sanitized each day the establishment is in operation. All walls, floors and ceilings of each heat room, shower area and restroom shall be made smooth and easily cleanable. No carpeting shall be installed in any of these areas.
F. Alcoholic Beverages/Drugs. No person shall enter, be in or remain in any part of a massage establishment while in possession of, consuming, using or under the influence of any alcoholic beverage or controlled substance. The owner, operator and manager shall be responsible to ensure that no such person shall enter or remain upon the massage establishment. Service of alcoholic beverages shall not be permitted.
G. Signs and Display of Certificates. Each operator shall post and maintain, in compliance with existing state and city laws, a readable sign identifying the premises as a massage establishment. The sign and the front of the business shall not be illuminated by strobe or flashing lights and shall otherwise comply with the city’s business signage regulations. Each operator and/or manager shall display, in a conspicuous public place in the lobby of the massage establishment, both (1) the California Massage Therapy Council certificate for the establishment and (2) the California Massage Therapy Council certificate for each and every massage practitioner employed at the establishment (whether or not on duty).
H. Roster. The operator or manager of the massage establishment shall keep a complete and current list of the names and residence addresses of all massage practitioners and employees of the massage establishment and the name and residence addresses of the manager or managing employee purported to be principally in charge of the operation of the massage establishment. This roster shall be kept at and/or on the premises and be available for inspection by officials charged with enforcement of this chapter.
I. Lighting. Each operator shall provide in each room or enclosure where massage is given sufficient lighting and ventilation that complies with the city’s buildings and construction code (CMC Title 14). The lighting in each massage room shall be activated at all times while a patron is in such room or enclosure.
J. Restroom Facilities. A minimum of one toilet and one separate wash basin shall be provided for patrons in each massage establishment, which basin shall provide soap or detergent and hot and cold running water at all times. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser shall be provided at the restroom handwash sink. No bar soap may be used. A trash receptacle shall be provided in each restroom. Showers may be provided at the operator’s option.
K. Coverings. Each massage establishment shall provide to all patrons clean, sanitary and opaque coverings capable of covering the patron’s specified anatomical areas, including the genital area, anus and female breast(s). No common use of such coverings shall be permitted, and re-use is prohibited unless adequately cleaned.
L. Separate Rooms. If male and female patrons are to be treated simultaneously at the massage establishment, separate massage rooms shall be provided for male and female patrons, except in the case of consensual “couples massage” whereby not more than two individuals may be treated simultaneously in the same room by two massage practitioners.
M. Living and Food Prohibited. No person or persons shall be allowed to live inside the massage establishment at any time. All living quarters shall be separate from the massage establishment. No food of any kind shall be prepared for sale or sold in the establishment.
N. Records of Treatment – Confidentiality. Every operator of a massage establishment shall keep a record of the dates and hours of each treatment or service, the name and address of the patron, the name of practitioner administering such service and a description of the treatment or service rendered. These records shall be prepared prior to administering any massage or treatment and shall be retained on the premises for a period of 24 months after such treatment or service. These records shall be open to inspection upon demand only by officials charged with enforcement of this chapter and for no other purpose. The Covina finance department shall periodically inspect the records to ensure compliance with this chapter. The information furnished or secured as a result of any such records should be used only to ensure and enforce compliance with this chapter or any other applicable state or federal laws and shall remain confidential. Any unauthorized disclosure or use of such information by any officer or employee of the city of Covina shall constitute a misdemeanor.
O. Hours of Operation. The operator must notify the city, in writing, at the time of application for a business license of the business hours for the massage establishment. The operator must notify the city of any changes in hours not later than seven calendar days prior to said change. No person shall operate a massage establishment or administer a massage in any massage establishment between the hours of 10:00 p.m. and 7:00 a.m. A massage begun any time before 10:00 p.m. must nevertheless terminate at 10:00 p.m. All customers, patrons and visitors shall be excluded from the massage establishment during these hours and be advised of these hours. The hours of operation must be displayed in a conspicuous public place in the lobby within the massage establishment and in the front window clearly visible from the outside. No massage establishment may be open for business unless there is at least (1) one massage practitioner with a valid license or certificate on the premises and (2) at least one staff member on the premises who is not a licensed/certificated massage practitioner to assure security for clients and massage staff who are behind closed doors. During its business hours, no massage establishment may lock any of its doors through which the public enters into the establishment from an outside location nor may it lock any of its doors leading to a room in which massage is performed.
P. No Sexually Oriented Merchandise. No person shall use or possess any sexually oriented merchandise in or on any part of a massage establishment. For purposes of this subsection, “sexually oriented merchandise” shall mean sexually oriented implements and paraphernalia, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery-operated vaginas, and similarly sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.
Q. No Public Access. No person(s) other than valid permit holders under this chapter, patrons, and persons empowered by this chapter to conduct a lawful inspection will be allowed anywhere in the massage establishment other than the lobby/reception area during hours of operation.
R. No Discrimination. No massage establishment may discriminate or exclude patrons on the basis of their race, sex, religion, age, handicap or any other classification protected under federal or state laws, rules or regulations. Every massage establishment shall comply with all federal and state laws, rules and regulations relating to access by disabled patrons.
S. No Communication Devices. No communication devices shall be installed or used in any manner on the premises so as to interfere with or hinder inspections by law enforcement officers or city officials.
T. Preemption. In the event the terms and conditions of any current, valid California Massage Therapy Council certificate, or any applicable regulation adopted by a state agency, conflict with or supersede the requirements of this section, any massage establishment shall not be subject to the requirements of this section to the extent of any such conflict or inconsistency. (Ord. 11-1997 § 1, 2011.)
5.36.090 Inspections.
A. The city’s building and safety department, police department and/or the county fire department and health department may, at any time, make an inspection of each massage establishment, during regular business hours, for the purpose of determining that the provisions of this chapter, state law or other applicable laws or regulations are met. Criminal investigations may be conducted as directed by the Covina chief of police or finance director. During an inspection, the city or county may verify the identity of all on-duty practitioners and employees. The operator and/or on-duty manager consents to the inspection of the massage establishment by the representatives of said agencies for the purpose of determining that the provisions of this chapter or other applicable laws or regulations are met.
B. Any operator or his or her agent, servant or employee commits an offense if he or she refuses to permit a lawful inspection of the massage establishment by a representative of the building and safety department, police department, fire department or health department at any time it is occupied or open for business. (Ord. 11-1997 § 1, 2011.)
5.36.100 Grounds for suspension or revocation of business license.
The business license of a massage establishment may be suspended or revoked on one or more of the following grounds:
A. That the license holder provided materially false information in his or her application to obtain a business license pursuant to CMC 5.36.050(D) and (E);
B. That the license holder has employed, allowed or permitted a massage practitioner without a current, valid California Massage Therapy Council certification to perform massage in his or her massage establishment;
C. That the license holder does not adhere to the requirements set forth in this chapter or this code, including but not limited to unannounced inspections for compliance;
D. That the holder has not complied with the requirements of Chapter 10.5 of Division 2 of the Business and Professions Code and any applicable rule or regulation issued by the California Massage Therapy Council.
License holders may be held responsible for violations of individual employees who practice or engage in or carry on the business of a massage practitioner to the extent permitted by state law. (Ord. 11-1997 § 1, 2011.)
5.36.110 Suspension or revocation of business license or conditional use permit and appeal.
A. If any person holding a business license to own or operate a massage establishment conducts or carries on such business contrary to the provisions of this chapter or any other ordinance or law relating to or regulating such business, the city may suspend or revoke the business license pursuant to the procedures set forth in Chapter 5.04 CMC. Appeals of any decision shall be as provided in Chapter 5.04 CMC.
B. If any person holding a conditional use permit to own or operate a massage establishment conducts or carries on such business contrary to the provisions of this chapter or any other ordinance or law relating to or regulating such business, the city may revoke the conditional use permit pursuant to the procedures set forth in Chapter 17.62 CMC. (Ord. 11-1997 § 1, 2011.)
5.36.120 Enforcement.
A. Any violation of any of the provisions of this chapter shall be punishable as a misdemeanor pursuant to Chapter 1.16 CMC.
B. Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter or applicable state law shall be and the same is declared to be unlawful and a public nuisance. The city attorney or the district attorney may, in addition to or in lieu of any other enforcement or abatement measures, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law. They shall also take such other steps, and shall apply to such courts or court as may have jurisdiction to grant such relief, as will abate or remove such massage establishment and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter or applicable state law. (Ord. 11-1997 § 1, 2011.)