Chapter 5.25
RULES AND REGULATIONS FOR MASSAGE ESTABLISHMENTS AND MASSAGE THERAPISTS AND PRACTITIONERS
Sections:
5.25.030 State certification required.
5.25.050 Health and safety requirements.
5.25.060 Operating requirements for massage establishments.
5.25.070 Operation requirements for off-premises massage services.
5.25.080 Display of certificate.
5.25.100 Notification required prior to change of information.
5.25.120 Owner and operator responsibility.
5.25.130 Unlawful to operate in violation of chapter.
5.25.010 Purpose.
The purpose of this chapter is to establish reasonable regulation of massage establishments, massage therapists and practitioners by requiring persons who engage in the practice of massage to obtain and continue to maintain a valid and current state certification as set forth in California Business and Professions Code Sections 4600 et seq. It is the intent of the city of Folsom in adopting this chapter to protect the public’s health, safety and welfare through the standards of professional competence and operational requirements established or otherwise permitted under state law. (Ord. 1173 § 2 (part), 2013)
5.25.020 Definitions.
The following words and phrases are defined for the purposes of this chapter as follows:
“California Massage Therapy Council” means the massage therapy organization formed pursuant to California Business and Professions Code Section 4600.5.
“Certificate” means the certificate issued by the California Massage Therapy Council.
“Massage therapist” or “massage practitioner” means a person who is certified by the California Massage Therapy Council as a massage practitioner or a massage therapist and who administers massage for compensation.
“Certified sole proprietorship” means any massage business where the owner is the only person employed or used by that business to provide massage services and the owner has a current and valid certificate.
“Massage” or “massage therapy” means the systematic and scientific manipulation and treatment involving the external manipulation or pressure of soft tissue for therapeutic purposes. Massage therapy includes any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external surfaces of the body with hands, apparatus or appliances, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment, or other similar preparations commonly used in this practice; or by baths, including but not limited to Turkish, Russian, Swedish, Japanese, or any other type of bath. Massage therapy does not include diagnosis, prescribing of drugs or medicines, spinal or other joint manipulations, nor any service or procedure for which a license to practice medicine, chiropractic, physical therapy, acupuncture, or podiatry is required by law.
“Massage establishment” means any business where any individual, firm, association, partnership, corporation, or combination thereof that engages in, conducts, carries on, or permits to be engaged in or conducted, for money or any other consideration, massage or massage therapy including, but not limited to, those engaged primarily in massage therapy or that provide massage as an accessory to their principal permitted use, such as aromatherapy, beauty salon, health club, skin care salon, acupuncture, chiropractic office or day spa.
“Massage establishment operator” or “operator” means a person who supervises, directs, organizes, controls, or in any other way is responsible for or in charge of the conduct of the activities within a massage establishment.
“Off-premises massage services” means services in which a massage therapist or massage practitioner engages in, conducts, or carries on a massage at a location other than a massage establishment at a fixed location.
“Patron” means a customer or client who receives a massage or massage therapy in exchange for money or other consideration.
“Reflexology” means massage of the feet or hands based on the belief that pressure applied to specific points on these extremities benefits other parts of the body. It is a non-invasive complementary modality involving the use of alternating pressure applied to the reflexes within the reflex maps of the body located on the feet, hands, and outer ears. (Ord. 1173 § 2 (part), 2013)
5.25.030 State certification required.
A. Unless exempt under Section 5.25.110, no person may practice as a massage therapist or massage practitioner within the city of Folsom without a certificate issued by the California Massage Therapy Council.
B. No person shall conduct or operate a massage establishment or off-premises massage service without requiring that all persons practicing massage in, for, or on behalf of the massage establishment possess a current and valid certificate issued by the California Massage Therapy Council. (Ord. 1173 § 2 (part), 2013)
5.25.040 Time for compliance.
A. Massage practitioners and massage therapists working in the city but who do not possess a certificate issued by the California Massage Therapy Council shall have until July 1, 2013, to comply with the requirements of this chapter. Upon presentation of satisfactory evidence that the individual is actively applying for a certificate or enrolled in an approved massage school as defined under Business and Professions Code Section 4600(a), the chief of police may extend the compliance period for an additional period not exceeding twelve months at his or her discretion.
B. In order to continue practicing massage during the compliance period provided in this section without a certificate, massage practitioners and massage therapists who do not currently possess a certificate shall meet the following requirements:
1. Provide proof of certificate application to the California Massage Therapy Council, or course enrollment to satisfy the certificate requirement, to the chief of police no later than twenty calendar days from the effective date of the ordinance codified in this chapter; and
2. The individual is otherwise in compliance with all applicable provisions of this chapter; and
3. The individual is not required to register as a sex offender under California Penal Code Section 290, does not have any record of conviction of violation of California Penal Code Sections 266i (pandering), 315 (keeping or residing in house of ill-fame), 316 (keeping house of prostitution), 318 (prevailing upon person to visit place for gambling or prostitution), 647(b) (prostitution); 653.23 (supervision of prostitute); any sex or illegal substance related offense, or similar provisions in other jurisdictions. (Ord. 1173 § 2 (part), 2013)
5.25.050 Health and safety requirements.
The following health and safety requirements shall be applicable to all massage establishments and off-premises massage services:
A. All individuals working in or for a massage establishment or off-premises massage service shall be fully clothed at all times, whether or not massage services are being performed. Clothing shall be of a clean, fully opaque, nontransparent material without holes and provide complete coverage from midthigh to three inches below the collar bone.
B. The massage establishment and off-premises massage services 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 once been used it shall be deposited in a closed receptacle and not used until properly laundered and sanitized. Clean towels, coverings and linens shall be stored in closed, clean cabinets when not in use.
C. All liquids, creams, or other preparations used on or made available to patrons shall be kept in clean and closed containers. 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.
D. All bathrobes, bathing suits and/or other garments that are provided for the use of patrons shall be either fully disposable and shall not be used by more than one patron, or shall be laundered after each use pursuant to subsection B of this section.
E. The patron’s genitals, pubic area, anus, gluteal crease, or the areola (nipple), 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 business or establishment is in the massage therapy room, cubicle, or any type of room or space with the patron. No massage service or massage therapy shall be administered to a patron that results in intentional contact, or occasional and repetitive contact, with the genitals, pubic area, anus, gluteal crease, the areola (nipple), and female breasts of a patron.
F. No person afflicted with an infection or parasitic infestation transmissible to a patron shall knowingly administer massage service or massage therapy to a patron, or remain on the premises of a massage establishment while so infected or infested.
G. No person shall enter, be, or remain in any part of a massage establishment or any room or space used by an off-premises massage service while consuming, using, or under the influence of an alcoholic beverage, unless properly licensed by the Department of Alcoholic Beverage Control, or a drug unless it is a drug prescribed for that individual. The responsible owner, operator, managing employee or manager shall not permit any such person to enter or remain on such premises. (Ord. 1173 § 2 (part), 2013)
5.25.060 Operating requirements for massage establishments.
A. Every portion of a massage establishment, including appliances and apparatus, shall be kept clean and in a sanitary condition. Appliances, apparatus, and equipment shall be disinfected after each use.
B. A list of services and prices shall be posted in an open, public place on the premises, and shall be described in readily understood language. No owner, operator, responsible managing employee or manager shall permit, and no massage practitioner or massage therapist shall offer to perform services other than those posted.
C. A dressing room, which may be the room where massage is administered for each patron, shall be available on the premises with individual lockers or a separate storage area for the clothing of the patron. A separate dressing area and clothing locker or storage area is required where the massage is performed in a place other than where the patron changes his or her clothing. Doors to such dressing rooms shall open inward and shall be self-closing.
D. Wet and dry heat rooms, shower compartments, and toilet rooms shall be thoroughly cleaned each business day. Bathtubs shall be thoroughly cleaned after each use.
E. If a receptionist is present, the public entrance door of the massage establishment and the doors of all massage rooms or cubicles must remain unlocked during any time the establishment is occupied. In the absence of a receptionist, the public entrance may be locked as long as fire safety requirements are met (panic bar, no deadbolt).
F. No massage may be given within any cubicle, room, booth or any area behind a locked door unless there is no staff available to assure security for patrons and massage staff who are behind closed doors.
G. No person shall enter, be, or remain in any part of a massage establishment while consuming, using, or under the influence of an alcoholic beverage, unless properly licensed by the Department of Alcoholic Beverage Control, or a drug unless it is a drug prescribed for that individual. The responsible owner, operator, managing employee or manager shall not permit any such person to enter or remain on such premises.
H. Any person operating a massage establishment from home shall have a valid home occupation permit and a city of Folsom business license, and shall comply with the following specific conditions, in addition to any other requirements for home occupations under Chapter 17.61:
1. The massage establishment may operate from 7:00 a.m. to 9:00 p.m. on weekdays, and from 8:00 a.m. to 6:00 p.m. on weekends;
2. The number of massage therapists, massage practitioners or other individuals working in or employed by the massage establishment shall not exceed four persons on site, excluding clients;
3. Notwithstanding any provision to the contrary in this code, no signage, display or advertisement for massage may be visible from the exterior of the dwelling.
I. The presence of any device used as an early warning system to alert the employees of a massage establishment to the presence of law enforcement officers or city authorities on the premises is prohibited in any massage establishment. Said devices may include, but are not limited to light or music dimmers, electronic detection devices, external or internal video equipment and alarm systems other than those used for fire alarms.
J. The city may conduct reasonable inspections during regular business hours to ensure compliance with the California Business and Professions Code sections, this chapter, or other applicable fire, health, and safety requirements. (Ord. 1217 § 2, 2015; Ord. 1173 § 2 (part), 2013)
5.25.070 Operation requirements for off-premises massage services.
A. All equipment and apparatus shall be kept in a clean and sanitary condition and shall be disinfected after each use.
B. Each off-premises massage practitioner or massage therapist shall possess a copy of the valid and current certificate issued by the California Massage Therapy Council while administering massage services.
C. A list of services and prices shall be available for review by the patron or authorized representative of the chief of police upon request and shall be described in readily understood language. No owner, operator, responsible managing employee or manager shall permit, and no massage therapist or massage practitioner shall offer to perform services other than those available for review. (Ord. 1173 § 2 (part), 2013)
5.25.080 Display of certificate.
Every massage establishment or off-premises massage business shall conspicuously display a copy of the current and valid certificate issued to each massage practitioner or massage therapist by the California Massage Therapy Council so that it may be easily seen by any person, patron, or other person on the premises. Any person providing massage services shall have a valid massage therapist or massage practitioner certificate readily available for inspection at all times while providing such services, and shall show the certificate to any authorized representative of the city upon request. (Ord. 1173 § 2 (part), 2013)
5.25.090 Record keeping.
The operator of any massage establishment or off-premises massage business shall maintain a copy of the current and valid certificate issued to all persons employed or otherwise working in the establishment or business as massage therapists and/or massage practitioners. Such record shall be available for inspection by city staff at all times during regular business hours. (Ord. 1173 § 2 (part), 2013)
5.25.100 Notification required prior to change of information.
Change of the establishment name, location, address, management, or transfer/conveyance of the establishment business to another person requires the operator to notify the chief of police in writing ten calendar days prior to the change. (Ord. 1173 § 2 (part), 2013)
5.25.110 Exemptions.
This chapter shall not apply to the following:
A. Hospitals, nursing homes, and persons holding an unrevoked certificate to practice the healing arts under the laws of the state;
B. Trainers of amateur, semiprofessional or professional athlete or athletic team, or persons while engaging in their training responsibilities for and with athletes, and trainers working in conjunction with a specific athletic event;
C. Accredited junior colleges and colleges and universities whose coaches and trainers are acting within the course and scope of their employment;
D. Barbers or cosmetologists lawfully engaging in such business and holding a valid, unrevoked license or certificate of registration issued by the state within the limitations placed on such licenses, except that the exemption provided in this provision shall apply solely and only to the massaging of neck, face and/or scalp of the patrons;
E. Health clubs, health spas, gymnasia, or other similar facilities designed or intended for general physical exercise or conditioning in which the furnishing of massage or bathing services or facilities is subordinate and incidental, except that the person performing the massage services shall possess a state certificate as required by this chapter;
F. Individuals practicing reflexology whose practices are limited to alternating pressure applied to the reflexes within the reflex maps of the body located on the feet, hands, and outer ears. (Ord. 1173 § 2 (part), 2013)
5.25.120 Owner and operator responsibility.
The owner(s) or operator(s) of a massage establishment shall be responsible for ensuring that every massage practitioner and massage therapist working in the establishment comply with the provisions of this chapter. (Ord. 1173 § 2 (part), 2013)
5.25.130 Unlawful to operate in violation of chapter.
It is unlawful, a misdemeanor, and a public nuisance to violate any provision in this chapter, including but not limited to practice massage or operate a massage establishment in violation of any of the provisions of this chapter. (Ord. 1173 § 2 (part), 2013)