Chapter 4.20 MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES

“California Massage Therapy Council” or “CAMTC” means the massage therapy organization created pursuant to Section 4600.5 of the California Business and Professions Code and further defined in Section 4600 of that code.

“Certified massage therapist” means a massage therapist certified by the CAMTC as a certified massage practitioner or as a certified massage therapist pursuant to Section 4601(b) or 4601(c) of the California Business and Professions Code.

“City massage establishment permit” means a permit issued to a massage establishment by the Permit Administrator in accordance with this chapter.

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

“Employee” means any person, other than a massage therapist, who renders any service to the permittee, who receives compensation directly from the permittee, and who has no physical contact with the customers and clients.

“Fully clothed” means clothes are worn in such a manner that an individual’s genitals, buttocks, and chest are not exposed and all outer garments are of a fully opaque, nontransparent material and provide complete covering from at least the mid-thigh to two (2) inches below the collarbone. The midriff may not be exposed.

“Massage” means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparation commonly used in this practice.

“Massage establishment” means any establishment having a fixed place of business where any person engages in or carries on or permits to be engaged in or carried on any of the activities described in the definition of “massage” set out in this section.

“Massage therapist” means any person who, for any consideration whatsoever, engages in the practice of massage as herein defined.

“Operator” or “massage establishment operator” means any person who is an owner or manager of a massage establishment.

“Outcall massage service” means engaging in or carrying on the practice of massage, not at a fixed location licensed such as a massage establishment, but at a location designated by the permittee, massage therapist, customer or client.

“Owner” or “massage establishment owner” means 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 (10%) 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. All owners of any other type of business association that owns a massage establishment.

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

“Permit Administrator” means the Chief of Police or his/her designee.

“Permittee” means any person operating or maintaining a massage establishment.

“School of massage” means any school or institution of learning that is recognized as an approved school pursuant to Business and Professions Code Division 2.

“Visitor” means 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. 3-23 Exh. A)

4.20.020 Exemptions.

This chapter shall not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions:

A. Physicians, surgeons, chiropractors, osteopaths, podiatrists, physical therapists, nurses, or any other person 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.

B. Trainers of any amateur, semi-professional, or professional athlete or athletic team, so long as such persons do not practice massage as their primary occupation at any location where they provide such services in the city.

C. Barbers, estheticians and cosmetologists who are duly licensed under the laws of the state of California, while engaging in practices within the scope of their licenses.

D. Individuals in the city temporarily for educational events.

E. Individuals administering massages or health treatments involving massage to persons participating in road races, track meets, triathlons, educational events, conferences or similar single-occurrence athletic, recreational, or educational events. (Ord. 3-23 Exh. A)

4.20.030 Owner responsibility.

For the purpose of enforcing the requirements of this chapter, the massage establishment owner shall be responsible for the conduct of all massage establishment employees, agents, independent contractors, or other representatives while such persons are providing services on behalf of the massage establishment. Pursuant to California Business and Professions Code Section 4607, the Permit Administrator may discipline an owner or operator of a massage business or establishment, or an applicant for certification, pursuant to this chapter for the conduct of all individuals providing massage for compensation on the business premises. (Ord. 3-23 Exh. A)

4.20.040 Violations a misdemeanor and a nuisance.

Any massage provided or massage establishment operated, conducted, or maintained contrary to the provisions of this chapter shall be, and the same is hereby declared to be, a misdemeanor and a public nuisance, and the City Attorney may, 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 the manner provided by law. Such remedies shall be in addition to any other judicial and administrative penalties and remedies available to the city under this code or state or federal law. Upon determination by the certification officer or any other city enforcement officer that a violation of this chapter has taken place, the officer is authorized to issue an administrative citation that may result in administrative fines in accordance with Chapter 1.06. (Ord. 3-23 Exh. A)

4.20.041 Violations—Renewal and citation compliance.

In addition to any other remedy available to the city under applicable law, a massage establishment permit may not be renewed or amended unless and until all due and unpaid citations issued pursuant to this chapter are paid in full, and all outstanding violations have been corrected. (Ord. 3-23 Exh. A)

4.20.045 Violations—Moratorium.

A. In addition to any other remedy available to the city under applicable law, a massage establishment permit may be suspended or revoked as provided in Section 4.20.110. Upon issuance of a final order by the Permit Administrator to revoke the massage permit, the massage establishment shall immediately cease operation, and, if so ordered by the hearing officer, no other massage establishment shall be permitted to operate at that location by any person for a period of not less than three (3) years (“the moratorium period”). If the operator is not also the legal owner of the real property on which the massage establishment is situated, notice of such revocation and the three (3) year moratorium period shall be provided by the permit authority to the owner of record of the property as shown on the latest county assessment roll.

B. Notwithstanding any other provision of this chapter, where a notice of revocation or suspension has been issued to the operator of a massage establishment pursuant to Section 4.20.110, the Permit Administrator shall not process or grant an application for a massage establishment permit for a new massage establishment at the same premises unless and until such notice of revocation or suspension is dismissed; or a final determination is made pursuant to that section that the current operator’s massage establishment permit is not or should not be revoked; or any moratorium period imposed pursuant to this chapter has expired. (Ord. 3-23 Exh. A)

Article II. Massage Establishments

4.20.050 Permit—Required.

A. No establishment shall offer massage services without having first obtained a city business license and city massage establishment permit in accordance with the provisions of this chapter.

B. A separate city massage establishment permit must be obtained for each branch location where massage services are carried out.

C. The massage establishment permit shall be renewed every two (2) years. (Ord. 3-23 Exh. A)

4.20.060 Application procedure and requirements.

An application for a massage establishment permit shall be submitted to the Permit Administrator on forms provided by the Permit Administrator. Such forms shall require submission of the following information:

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

B. The name and street address and telephone number of the owner(s) on which the massage establishment is operated. In the event the applicant is not the legal owner of the property on which the massage establishment is located, the application shall be accompanied by a copy of the lease and an acknowledgement from the owner of the property that a massage establishment is located on the property;

C. The exact nature of the massage to be administered;

D. The massage establishment’s hours of operation;

E. A detailed diagram showing the interior floor plan and configuration of the premises;

F. The name of each individual who the massage establishment employs or retains to perform massage therapy for compensation;

1. For each individual who the massage establishment does or will employ or retain to perform massage therapy for compensation, a copy of that individual’s current certification from the CAMTC as a certified massage practitioner or certified massage therapist, and a copy of his or her current CAMTC-issued identification card;

G. The name of each individual who is regularly employed or retained by the massage establishment to perform services on the premises other than massage therapy, and the nature of their services;

H. For each owner of the massage establishment who is a CAMTC-certified massage professional, a copy of his or her current certification from the CAMTC as a certified massage practitioner or as a certified massage therapist and a copy of his or her current CAMTC-issued identification card and:

1. All disciplinary action against, suspension, denial, or revocation of a permit or certificate to practice massage, including the agency, date, and reason associated with the action;

I. For each owner of the massage establishment, the following information:

1. The business, occupation, employment, and residency history of each owner of the massage establishment for five (5) years preceding the date of application, and the inclusive dates of same;

2. Height, weight, color of eyes and hair;

3. Written proof that the owner(s) is at least eighteen (18) years of age;

4. Driver’s license number of the owner, including a copy of a driver’s license or other state issued identification card;

5. Two current (2) color portrait photographs of the applicant at least two (2) inches by two (2) inches;

6. The massage or similar business license history of the owner; whether such person, in previously operating in this or another city, county or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation;

7. All criminal convictions except minor traffic violations and any criminal charges pending against the applicant at the time of submission of the application, other than misdemeanor traffic citations, including the name and address of the court in which the charge is pending and any applicable case numbers;

8. A statement whether the owner has failed to pay any judgment arising from or connected with the activities that would be authorized by the permit;

J. Proof of an unexpired business license or proof of current application for business license in the city;

K. Fingerprints of the owner (this is waived for CAMTC-certified owners per Government Code Section 51034(c));

L. Such other identification and information as deemed necessary by the Permit Administrator; and

M. All massage establishments must demonstrate practitioner’s liability insurance coverage in the amount of a minimum of two million dollars ($2,000,000) per event at all times when performing massage activities. The coverage must be held in the name of the massage establishment or each massage therapist authorized to perform massage. (Ord. 3-23 Exh. A)

4.20.065 Amendments to permit.

A. Whenever the information provided in the application for a massage establishment on file with the city changes, the operator shall file an application, provided by the Permit Administrator or his or her designee, to amend the permit to reflect such change within three (3) business days of occurrence. The application shall be accompanied by the fee established by the city’s fee schedule.

B. An amendment shall not be used to change the location or owners of a massage establishment. Instead, a new permit application is required.

C. A denial of an application to amend a massage establishment permit may be appealed in the same manner as a denial of an application for a permit under Section 4.20.140. (Ord. 3-23 Exh. A)

4.20.070 City massage establishment permit fee required.

No city massage establishment permit shall be issued hereunder until the appropriate fee has been paid. The fee for a city massage establishment shall be as established by the City Council by resolution. (Ord. 3-23 Exh. A)

4.20.080 Permit—Issuance or denial.

The Permit Administrator shall, within thirty (30) days after receipt of an application complying with all the provisions of this chapter, issue a permit or deliver to the applicant, personally or by mail, written notice of denial of the permit, setting forth the reason or reasons therefor, in accordance with the provisions of Section 4.20.090. (Ord. 3-23 Exh. A)

4.20.090 Permit—Grounds for denial.

The Permit Administrator shall deny the permit if he/she finds:

A. That any information contained in or submitted with the application is not true, contains material misrepresentations, or if relevant or material information is omitted from the application; or

B. That the operation as proposed by the applicant would not comply with any provision of this chapter or any other ordinance or regulation of the city or any statute or regulation of the state of California; or

C. That any person who would be directly engaged in the management and operation of the massage establishment has been convicted of any of the following offenses, found in violation of any of the following codes, or convicted of an offense outside of the state of California that would have constituted any of the following offenses if committed within the state of California:

1. An offense involving the use of force and violence upon the person of another that amounts to a felony.

2. An offense involving sexual misconduct or an offense involving conduct which requires registration under California Penal Code Section 290.

3. An offense as defined in California Penal Code Section 266i, 315, 316, 318, 647(b) or 653.23.

4. An offense involving theft or fraud related offenses.

5. A conviction under California Penal Code Sections 11225 through 11235 (Red Light Abatement Law).

6. A conviction of a crime designated in California Government Code Section 51032(b).

7. A conviction of any other state or federal offense involving dishonesty, fraud, deceit, violence or moral turpitude or conspiracy to commit any of the offenses designated above.

8. Any offense involving the violation of California Health and Safety Code Sections 11570 through 11587 (Controlled Substance Abatement).

9. Any violation of California Civil Code Sections 3479 and 3480 (Public Nuisance).

Convictions that have been expunged shall also be reported;

D. That, for any other reason, the operation as proposed would be detrimental to the public peace, health, safety, morals or welfare or to neighboring property; or

E. That the proposed name of the business for the establishment suggests that the establishment will offer or practice any service or activities proscribed under the provisions of this chapter;

F. The proposed business has had a massage establishment revoked or suspension in the past three (3) years pursuant to Section 4.20.045. (Ord. 3-23 Exh. A)

4.20.100 Permit—Display requirements.

Every massage establishment permit issued pursuant to the provisions of this chapter shall at all times be displayed in a conspicuous place within the massage establishment. (Ord. 3-23 Exh. A)

4.20.110 Revocation or suspension—Reasons.

Any city massage establishment permit issued pursuant to this chapter may be suspended or revoked by the Permit Administrator after a hearing, where it is found by clear and convincing evidence that any of the following have occurred:

A. Finding of Violation. The person(s) to whom the city massage establishment permit has been issued, or any person employed or retained by the massage establishment, has been found to have violated any provision of this chapter; or California Business and Professions Code Section 4609; or

B. Prohibited Conduct. The permittee, 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, any of the following: California Penal Code Section 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, or 647(b), or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the state of California that is the equivalent of any of the aforesaid offenses; or

C. Registration Under Penal Code Section 290. The permittee or any person employed or retained by the massage establishment is required to register under Section 290 of the California Penal Code as a result of conduct while working in or for the massage establishment; or

D. Nuisance Injunction. The permittee has been subject to a permanent injunction against the conducting or maintaining of a nuisance pursuant to this 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

E. Fraud or Misrepresentation. The permittee or any employee has engaged in fraud or misrepresentation or has knowingly made a misstatement of material fact while working in or for the massage establishment; or

F. Operation During Suspension. The permittee has continued to operate the massage establishment after the city massage establishment permit or establishment registration certificate has been suspended; or

G. Massage Without Certification. Massage has been performed on the premises, with or without the permittee’s actual knowledge, by any person who is not a duly authorized certified massage therapist; or

H. Prohibited Acts. There have been one (1) or more acts prohibited under California Penal Code Section 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, or 647(b) taking place on the premises, 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 permittee; or

I. Sexual Touching. The permittee or any person employed or retained by the massage establishment or any other person on the premises of the massage establishment has engaged in conduct or committed acts that a reasonable person in a patron’s position would understand as an offer to perform on or engage in with the patron acts that are sexual in nature or that involve touching of the patron’s genitals, pubic area, anus, or areola; or

J. Negligent Supervision. The permittee failed to provide adequate supervision of the massage establishment, resulting in a pattern of at least three (3) violations of this code or state or federal law; or

K. Labor Violations. The owner or operator failed to comply with a final court order or administrative action of an investigatory agency finding a violation of applicable federal, state and local wage and hour laws, including, but not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local minimum wage ordinance or prevailing wage requirements. For purposes of this subsection, a final court order or administrative action is one as to which there is no pending appeal and the time for filing an appeal has passed. (Ord. 3-23 Exh. A)

4.20.120 Revocation or suspension of city massage establishment permit—Hearing procedure.

A. Written Notice Required. The Permit Administrator, before revoking or suspending any establishment registration certificate, shall conduct a hearing to determine whether the permit or certificate shall be revoked or suspended. The permittee shall be notified of the date of the hearing, and the hearing date shall be no sooner than ten (10) business days from the date of the written notice. The written notice shall be provided in the following manner:

1. Service of Notice and Order. All notices shall be posted on the property and also served upon the record owner and any tenant. A copy of the notice shall also be served on each of the following if known to the Permit Administrator or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance; the owner or holder of any lease; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the Permit Administrator to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served to relieve any such person from any duty or obligation imposed by the provisions of this section.

2. Method of Service. Service shall be made upon all persons entitled thereto either personally or by mailing a copy by first class U.S. mail to each such person at their address as it appears on the last equalized assessment roll of the county or as known to the Permit Administrator. If no address of any such person appears or is known to the Permit Administrator, then a copy shall be mailed to the address of the parcel of land involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service shall be effective on the date of the mailing.

3. Proof of Service. At the time of service, each person affecting service shall complete a written declaration under penalty of perjury, which declares the time, date and manner in which service was made. The declaration shall be affixed to the copy of the notice and order retained by the Permit Administrator.

B. Hearing. The Permit Administrator may establish reasonable rules and procedures for the conduct of the hearing; provided, that such rules satisfy the permittee’s due process rights under the United States and California Constitutions, and such rules need not provide the permittee an opportunity to appear before the Permit Administrator or require an in-person hearing. At the hearing, the Permit Administrator shall consider all evidence submitted. The hearing may, after being commenced within the time specified pursuant to subsection A of this section, be continued for good cause by the Permit Administrator from time to time. The Permit Administrator shall, at the conclusion of the hearing, make findings of fact based upon the evidence submitted and shall decide whether or not the permit or certificate shall be revoked or suspended.

C. Notice of Decision. The Permit Administrator’s written notice of decision shall be served on the permittee, within thirty (30) business days of the conclusion of the hearing, in the manner provided in subsection (A)(2) of this section, and, in the case of a revocation or suspension, such notice of decision shall indicate the appeal procedures as set forth hereinafter. (Ord. 3-23 Exh. A)

4.20.125 Denial, suspension and revocation of registration certificates.

No reapplication will be accepted within three (3) years after a certificate is revoked. (Ord. 3-23 Exh. A)

4.20.130 Permit nontransferable.

No permit issued pursuant to the provisions of this chapter is transferable to any other person or location. (Ord. 3-23 Exh. A)

4.20.140 Appeal procedure.

An applicant or permittee may appeal any written action or determination of the Permit Administrator under the provisions of this chapter to the City Manager pursuant to the provisions of Section 1.04.050. The effect of revocation of a permit shall be suspended by the filing of a notice of appeal until the determination of the appeal by the City Manager. (Ord. 3-23 Exh. A)

4.20.150 Requirements—Massage establishments.

A. Operational Requirements. Except as otherwise specifically provided in this chapter, the following operational requirements shall be applicable to all massage establishments located within the city:

1. No massage establishment shall be open for business between the hours of ten p.m. (10:00 p.m.) of one (1) day and seven a.m. (7:00 a.m.) of the following day. Massage begun any time before ten p.m. (10:00 p.m.) must nevertheless terminate at ten p.m. (10:00 p.m.). The hours of operation shall be displayed in a conspicuous public place in the reception area and in any front window clearly visible from outside of the massage establishment.

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

3. Except for a patron who is inside a 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 unless they are fully clothed in garments of nontransparent material.

4. During the hours of operation, visitors shall not be permitted in massage rooms except as follows: (a) the parents or guardian of a patron who is a minor child may be present in the room with that minor child; (b) the minor child of a patron may be present in the room with the patron when necessary for the supervision of the child; and (c) the conservator, aid, or other caretaker of a patron who is elderly or disabled may be present in the room with that elderly or disabled person.

5. During the hours of operation, patrons shall be permitted in massage rooms only if at least one (1) duly authorized certified massage therapist is present on the premises of the massage establishment.

6. A list of services available and the cost of such services shall be posted in an open and conspicuous public place on the premises. The services shall be described in English and may also be described in such other languages as may be convenient. No person employed or retained by the massage establishment shall offer to perform any services or fees other than those posted.

7. For all employees employed or retained by the massage establishment who provide massage, the following document shall be available to city staff upon inspection pursuant to Section 4.20.200: a valid certificate from the CAMTC.

8. The massage establishment shall keep on the premises a complete and current roster of all owners, operators, and managing employees of the massage establishment and all massage professionals and other persons employed or retained by the massage establishment. The roster shall include the name, residence address, and phone number of each individual. The roster shall be available for inspection by city officials charged with the enforcement of this chapter.

B. Physical Facility and Building and Fire Code Requirements. Except as otherwise specifically provided in this chapter, the following physical facility and building code requirements shall be applicable to all massage establishments located within the city:

1. Front Door and Reception Area. One (1) front door shall be provided for patron entry, which shall open to an interior patron reception and waiting area immediately inside the front door. All patrons and any persons other than individuals employed or retained by the massage establishment shall be required to enter and exit through the front door.

2. Visibility. 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, open or closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises.

3. Locks. All interior doors, including rooms or cubicles in which massage occurs, 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 rooms or cubicles.

4. Lighting. Minimum lighting equivalent to at least one (1) forty (40) watt light shall be provided in each room or cubicle in which massage is provided.

5. Tables, Mats, and Beds. A massage table shall be used for all massage, with the exception of “Thai,” “shiatsu,” and similar forms of 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 (18) inches. 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.

6. Lockers. All locker facilities that are provided for the use of patrons 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.

7. Building and Fire Codes. The massage establishment shall comply with all applicable state and local building standards (as adopted in Title 7) and the fire code (as adopted in Title 5).

C. Health and Safety Requirements. Except as otherwise specifically provided in this chapter, the following health and safety requirements shall be applicable to all massage establishments located within the city:

1. Towels and Linens. The massage establishment shall at all times be equipped with an adequate supply of clean sanitary towels, 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, 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 (140) degrees Fahrenheit for not less than fifteen (15) minutes during the washing or rinsing operation. Clean towels, coverings, and linens shall be stored in closed, clean cabinets when not in use.

2. Cleaning and Disinfecting. All rooms or cubicles, wet and dry heat rooms, toilet rooms, shower compartments, hot tubs, and pools shall be thoroughly cleaned and disinfected as needed, and at least once each business day when the premises are open and such facilities are in use. All bathtubs shall be thoroughly cleaned and disinfected after each use.

3. Liquids, Creams, and Powders. 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.

4. Invasive Procedures. No invasive procedures shall be performed on any patron. Invasive procedures include, but are not limited to: (a) application of electricity that contracts the muscle; (b) penetration of the skin by metal needles; (c) abrasion of the skin below the nonliving, epidermal layers; (d) removal of skin by means of any razor-edged instrument or other device or tool; (e) use of any needle-like instrument for the purpose of extracting skin blemishes; and (f) other similar procedures.

5. Garments Provided to Patrons. All bathrobes, bathing suits, and/or other garments that are provided for the use of patrons shall be either fully disposable and not used by more than one (1) patron, or shall be laundered after each use pursuant to subsection (C)(1) of this section.

6. Combs and Brushes. 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 (1) patron, or shall be fully disinfected after each use.

7. Footwear. No patrons shall be allowed to use any shower facilities of the massage establishment 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 (1) patron, or shall be fully disinfected after each use.

8. Draping and Contact With Genitals. The patron’s genitals, pubic area, anus, and female patron’s breasts below a point immediately above the top of the areola must be fully draped at all times while any employee of the massage establishment is in the massage therapy room or cubicle with the patron. No massage shall be provided to a patron that results in intentional contact, or occasional and repetitive contact, with the genitals, anus, or areola of a patron.

9. Alcohol. No alcoholic beverages shall be sold, served, or furnished to any patron; nor shall any alcoholic beverages be kept or possessed on the premises of a massage establishment.

D. Attire and Hygiene. 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:

1. Garments. All persons shall wear clean and sanitary outer garments at all times. All outer garments shall be of a fully opaque, nontransparent material and provide complete covering from at least the mid-thigh to two (2) inches below the collarbone. The midriff may not be exposed.

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

3. Clean Skin. All persons shall thoroughly wash their hands with soap and water or any equally effective cleansing agent immediately before providing massage. No massage 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.

E. Display of Permits and Certifications. Each person employed or retained to perform massage in or on the premises shall display on his or her person a copy of the valid photograph-bearing identification card issued to that employee by the CAMTC. A copy of each such identification card shall also be displayed in an open and conspicuous place visible from the entrance and/or reception and waiting area of the massage establishment. The home address of any employee need not be displayed. (Ord. 3-23 Exh. A)

4.20.160 CAMTC certification required.

A. Massage establishments within the city shall only employ CAMTC-certified massage therapists.

B. An original copy of certification as a certified massage therapist must be conspicuously posted within the massage establishment and the certification must be current for all massage therapists. The certificate holder shall have his or her identification card in his or her possession while providing massage services for compensation.

C. The certificate holder shall provide his or her full name and certificate number upon the request of a member of the public, a representative of the city, or a local government agency charged with regulating massage or massage establishments, at the location where he or she is providing massage services for compensation.

D. The massage establishment owner/operator shall complete all registration forms provided to him/her by the Permit Administrator for each massage therapist. The owner/operator shall complete applicable forms and submit to the Permit Administrator prior to the expiration of the certification expiration, to demonstrate that the massage therapists providing service on the massage establishment’s behalf have recertified their CAMTC certification.

Such forms shall require submission of the following information:

1. The name and residence address of the massage therapist;

2. A copy of their CAMTC ID card and CAMTC certification;

3. Height, weight, color of eyes and hair;

4. Written proof that the owner(s) is at least eighteen (18) years of age;

5. Two (2) current color portrait photographs of the applicant at least two (2) inches by two (2) inches;

6. The driver’s license number of the owner, including a copy of a driver’s license or other state issued identification card;

7. The full name, street address, and telephone number of all other business premises in which the massage therapist administers massage;

8. If applicable, any other name(s) or nicknames used by the massage therapist;

9. Primary language(s), if other than English; and

10. Such other identification and information as deemed necessary by the Permit Administrator. (Ord. 3-23 Exh. A)

4.20.170 Employees—Age requirement.

No permittee shall employ either as a massage therapist or other employee any person under the age of eighteen (18) years. (Ord. 3-23 Exh. A)

4.20.180 Daily register required.

Every permittee shall keep a daily register, approved as to form by the Permit Administrator, of all patrons, with names, addresses and hours of arrival and the rooms or cubicles assigned, if any. The daily register shall at all times during business hours be subject to inspection by the Permit Administrator, and shall be kept on file for one (1) year. (Ord. 3-23 Exh. A)

4.20.190 Advertising restrictions.

No massage establishment granted a permit under the provisions of this chapter shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available other than those services described in Section 4.20.010 (“massage”), nor shall any massage establishment indicate in the text of such advertising that any service is available other than those services described in Section 4.20.010 (“massage”).

No massage establishment shall falsely state or advertise or put out any sign or card or other device, or to falsely represent to the public through any print or electronic media, that he or she or any other individual is licensed, certified, or registered by a governmental agency as a massage therapist or massage practitioner. (Ord. 3-23 Exh. A)

4.20.200 Massage establishment inspections.

A. The Permit Administrator shall have the right to enter any massage establishment during regular business hours, without a search or inspection warrant, to make reasonable inspection to ascertain whether there is compliance with provisions of this chapter.

B. The massage establishment shall take immediate action to correct each violation noted by the Permit Administrator. A reinspection will be performed within thirty (30) business days to ensure that each violation noted by the Permit Administrator has been corrected. (Ord. 3-23 Exh. A)

4.20.210 Massage by customer prohibited.

No customer or client of a massage establishment shall massage a massage therapist, or any other person within a massage establishment. (Ord. 3-23 Exh. A)

4.20.220 Outcall massage services prohibited.

No person shall engage in outcall massage services. Outcall massage shall not include massage provided by any person licensed under Business and Professions Code Sections 2135 through 2139 (medicine), 2630 or 2639 (physical therapy), 2732.1, 2733 or 2742 (nursing), or under the Chiropractic Initiative Act of 1922. (Ord. 3-23 Exh. A)

4.20.225 Notifications.

A massage establishment shall notify the Permit Administrator of any of the following within three (3) business days of the instance:

A. Cessation of business as a massage business or massage therapist practicing in the City of Dublin;

B. Arrest of any massage establishment owner, therapist, or employee for an offense other than a misdemeanor traffic offense;

C. Resignation, termination, or transfer of any massage practitioners employed or hired by the massage establishment;

D. Any matter or event involving the massage establishment or massage therapists, employed or working for the massage business, that constitutes a violation of this chapter, state or federal law or a violation of any law which would be grounds for denial, suspension, or revocation of a massage establishment permit;

E. The denial, suspension, or revocation of a massage business’s employee’s or independent contractor’s certificate issued by CAMTC. (Ord. 3-23 Exh. A)

Article III. Massage Therapists

4.20.230 City massage therapist registration—Required.

Except for any person licensed under Business and Professions Code Sections 2135 through 2139 (medicine), 2630 or 2639 (physical therapy), 2732.1, 2733 or 2742 (nursing) or under the Chiropractic Initiative Act of 1922, no person shall, in or upon any premises in the city, act in the capacity of a massage therapist without first having registered with the Permit Administrator in accordance with the provisions of this chapter. (Ord. 3-23 Exh. A)

4.20.240 Registration procedure and requirements.

Each massage therapist will adhere to the certification rules and regulations set forth by the CAMTC. (Ord. 3-23 Exh. A)

4.20.250 Massage therapist responsibility.

Individual massage establishment employees, agents, independent contractors, or other representatives providing services on behalf of the massage establishment may also be cited for violations pursuant to this chapter at the discretion of the Permit Administrator. (Ord. 3-23 Exh. A)