Chapter 5.32
MASSAGE ESTABLISHMENTS
Sections:
5.32.040 Massage establishment license.
5.32.050 Massage therapist permit application and fee renewal.
5.32.060 Massage therapist permit – General.
5.32.070 Massage therapist permit – Licensed business.
5.32.080 Massage therapist permit – Massage therapist.
5.32.090 Massage therapist permit – Application.
5.32.100 Massage therapist permit – Grounds for denial.
5.32.110 Suspension or revocation – Grounds.
5.32.120 Suspension or revocation – Notice – Hearing.
5.32.140 Display of permits and licenses.
5.32.010 Purpose.
A. It is the purpose and intent of this chapter to provide for the orderly regulation of massage professions. In the interest of public health, safety and welfare, this chapter provides certain minimum qualifications for massage therapists and the operators of massage establishments. This chapter is adopted based upon the following findings:
1. That the City of Healdsburg has recognized the field of massage therapy as a viable, professional field.
2. That the City of Healdsburg wants to recognize and respect qualified massage professionals.
B. It is intended that massage therapy is a profession of the healing arts and subject to all zoning ordinances and regulations as may be required for professional uses. (Ord. 888 § 1, 1993.)
5.32.020 Definitions.
For the purpose of this chapter, unless the context clearly requires a different meaning, the following words are termed and phrased as set forth in this section and shall have the meaning given them in this section:
A. “License” means a license to operate a massage establishment as required by this chapter.
B. “Permit” means a permit to engage in activities of massage therapist as required by this chapter.
C. “Massage establishment” means any licensed establishment having a fixed place of business where any person, firm, association, partnership, corporation, joint venture or a combination of individuals engages in, conducts, carries on or permits to be engaged in, conducted or carried on for consideration massages or health treatments involving massages as primary functions.
D. “Massage” means any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body with the hands or with any mechanical or electrical apparatus or other appliances or devices with or without such supplementary aides as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparations.
E. “Massage therapist” means any person who has been granted a permit pursuant to this chapter and administers massages, baths or health treatments involving massages or baths as the principal function to another person, and meeting the certain requirements established by this chapter.
F. “Person” means any individual, firm, association, partnership, corporation, joint venture or combination of individuals.
G. 1. “Recognized school of massage” means any school or institute of learning which:
a. Teaches the theory, ethics, practice, profession and work of massage;
b. Requires a resident course of study before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning; and
c. Has been approved pursuant to the California Education Code or, if the school is not located in California, has complied with standards commensurate with those in the California Education Code.
2. Any school or institution of learning offering or allowing correspondence course credit not requiring actual attendance at class, or courses of massage therapy not approved by the California Department of Education shall not be deemed a recognized school of massage. (Ord. 888 § 1, 1993.)
5.32.030 Exemptions.
A. A person holding a valid, unrevoked certificate to practice the healing arts under the laws of the state of California shall not be required to obtain a massage therapist permit. The City shall verify that the applicant holds a valid state certificate.
B. If the state of California legislates state certification of massage therapists, a massage therapist permit from the City of Healdsburg shall no longer be required. Instead, a valid, unrevoked certificate to practice massage therapy under the laws of the state of California will be required of a person who acts as a massage therapist as defined in this chapter.
C. A massage establishment license shall not be required for the following persons while engaging in the performance of the duties of their respective professions:
1. Physicians, surgeons, chiropractors and osteopaths who are duly licensed to practice their respective professions in the state of California while performing activities encompassed by such professional licenses.
2. Massage therapists, while performing massage in the offices of a licensed physician, surgeon, chiropractor or osteopath, and while under the direct supervision and medical recommendation of such licensed medical professional.
3. Nurses or physical therapists who are duly licensed to practice their professions in the state of California while performing activities encompassed by such professional licenses.
4. Trainers of any amateur, semiprofessional or professional athlete or athletic team while engaged in their duties as trainers.
5. Barbers or cosmetologists who are duly licensed under Division 6 of the State of California Business and Professions Code while performing a massage within the scope of the license and for which no separate or increased prices are charged.
D. Individuals administering massages or health treatment involving a massage to persons participating in singular occurrent recreational events, provided all of the following conditions are met:
1. Massage services are made equally available to all participants in the event; and
2. The event is open to participation by the general public or significant segment of the public, such as employees of sponsoring or participating corporations; and
3. The massage services are provided at the site of the event either during, immediately preceding or immediately following the event; and
4. The sponsors of the event have been advised of and have approved the provisions of massage services; and
5. The persons providing the massage services are not the primary sponsors of the event. (Ord. 888 § 1, 1993.)
5.32.040 Massage establishment license.
No person shall be issued a business license to own or operate a massage establishment in the City of Healdsburg, unless that person is exempt from obtaining a massage therapist permit under HMC 5.32.030, or issued a valid massage therapist permit as outlined in HMC 5.32.060.
A massage establishment shall be subject to all the zoning, health and safety regulations of the City of Healdsburg. Failure to comply with all the applicable zoning, health and safety regulations will be sufficient grounds for denial, suspension or revocation of a massage establishment business license. (Ord. 888 § 1, 1993.)
5.32.050 Massage therapist permit application and fee renewal.
Any application for a massage therapist permit shall be accompanied by a nonrefundable fee as established by resolution of the City Council. A massage therapist permit shall be renewed every three years, and a renewal fee shall be paid. The application fee shall be used to defray the cost of investigation and report, and is not made in lieu of any other fees or taxes required by the Healdsburg Municipal Code. (Ord. 888 § 1, 1993.)
5.32.060 Massage therapist permit – General.
A massage therapist permit is required of a person who acts as a massage therapist as defined in this chapter.
A massage therapist permit shall be issued only to a person who meets one of the following criteria:
A. Has completed the course of instruction at a recognized school of massage (defined in HMC 5.32.020(G)) and received a certificate; or
B. Has completed courses of instruction which are equivalent to those at a recognized school of massage. The burden of proof of equivalency falls upon the applicant. (Ord. 888 § 1, 1993.)
5.32.070 Massage therapist permit – Licensed business.
A person who, on the date the ordinance codified in this chapter becomes effective, holds a valid massage business license and does not have a massage therapist permit shall, when the business license is renewed:
A. Fill out the massage therapist permit application form;
B. Pay the renewal fee. (Ord. 888 § 1, 1993.)
5.32.080 Massage therapist permit – Massage therapist.
A person who, on the date the ordinance codified in this chapter becomes effective, does not have a massage therapist permit and is acting as a massage therapist shall obtain a massage therapist permit within 90 days of the effective date of the ordinance codified in this chapter. (Ord. 888 § 1, 1993.)
5.32.090 Massage therapist permit – Application.
Any person desiring a permit to act as a massage therapist shall submit an application to the City Clerk. The applicant shall complete the City of Healdsburg massage therapist permit application form, incorporated herein by reference. The applicant will submit, along with the application, a complete set of fingerprints, obtained from the Healdsburg police department, so the City may conduct a background check.
Within 45 working days following receipt of a completed application, the City shall issue, through the business license department, the permit, or a temporary permit valid for up to 120 days, or send by certified mail a written statement of the reasons for denial. (Ord. 888 § 1, 1993.)
5.32.100 Massage therapist permit – Grounds for denial.
The massage therapist permit shall be issued to any person who has fulfilled the requirements of this chapter and all applicable provisions of this code unless grounds for denial of such permit are found to exist. The City may deny a permit if one or more of the following are found:
A. That the applicant made a material misstatement or omitted material information in the application for a permit.
B. That the applicant has been convicted in a court of competent jurisdiction of an offense involving violent or immoral behavior. It is the intent of this section to prohibit a person from working as a massage therapist who would constitute a threat to the safety and well-being of the client.
C. That the applicant has violated any provision of this chapter or any similar ordinance, law, rule or regulation of another public agency which regulates the operation of massage therapists. (Ord. 888 § 1, 1993.)
5.32.110 Suspension or revocation – Grounds.
Any permit issued under this chapter may be suspended or revoked by the City for any reason which would justify the refusal to grant a permit originally.
Any person who has a massage therapist permit revoked or suspended and has a City business license to operate a massage establishment will also have the City business license revoked or suspended. (Ord. 888 § 1, 1993.)
5.32.120 Suspension or revocation – Notice – Hearing.
The holder of the permit or license shall be given prompt notice of revocation or suspension of the permit or license. If there is a serious health or safety concern, the permit holder or licensee shall be told to desist immediately from engaging in the activity. The notice shall fix a time and place, not less than five nor more than 30 days after service thereof, at which time the holder of the permit or license may appear before the City Manager and be granted a hearing upon the merits of said suspension or revocation. If, after such hearing, the permit or license is ordered revoked, the holder shall have the right to appeal such action to the City Council in accordance with HMC 5.32.130. (Ord. 888 § 1, 1993.)
5.32.130 Appeal.
Any person whose permit or license has been denied, suspended or revoked may appeal the administrative decision of the City by filing a written notice of appeal with the City Clerk within 10 working days after receipt of notice of the decision of the City Manager. Such appeal shall be heard by the City Council which may affirm, amend or reverse the order, or take other action deemed appropriate. That hearing shall be within 45 days, and the City Clerk shall give written notice of the time and place of the hearing to the appellant and any other person requesting notice. (Ord. 888 § 1, 1993.)
5.32.140 Display of permits and licenses.
The owner or operator of a massage establishment shall display a business license and the permit for each and every massage therapist employed in the establishment in an open and conspicuous place on the premises. (Ord. 888 § 1, 1993.)
5.32.150 Violation – Penalty.
It is unlawful for any person to act as a massage therapist within the City of Healdsburg unless such person holds a valid permit issued by the City of Healdsburg, or that person is exempt from the permit process as outlined by this chapter. Any person who violates the provisions of this chapter shall be guilty of a misdemeanor. (Ord. 888 § 1, 1993.)
5.32.160 Nuisance.
Violation of any provisions of this chapter constitutes a public nuisance which may be enjoined by the City. (Ord. 888 § 1, 1993.)