Chapter 5.32
MASSAGE PARLORS
Sections:
5.32.010 Purpose of provisions.
5.32.050 Permit—Approval and issuance authority.
5.32.060 Permit—Application—Content.
5.32.070 Permit—Application—Investigation.
5.32.080 Permit—Changes of address.
5.32.110 Permit—Effect of sale, transfer or location change.
5.32.140 Employee—Permit and certification required.
5.32.150 Employee—Health certificate.
5.32.160 Employee—Clothing requirements.
5.32.170 Minimum standards for massage establishments.
5.32.180 Inspection of establishments.
5.32.010 Purpose of provisions.
The purpose of this chapter is to set forth regulations governing the practice of massage, massagists and like businesses within the city, require permits and fees therefor and to provide for punishment of violations of this chapter. (Prior code § 5.44.010)
5.32.020 Definitions.
For the purposes of this chapter, the following words, items and phrases shall have the meanings given in this section:
“License collector” means the city manager or his or her authorized designee or representative. “Massage” means pressure on, friction against, stroking and kneading the body by manual or mechanical means, with or without appliances such as vibrators, infrared heat, sunlamps and external baths, for the purpose of maintaining good health and establishing and maintaining good physical condition.
“Massagist” is a person who offers to or solicits to perform a massage for compensation, or holds himself or herself out to be a person who manipulates the external parts of the body for remedial or hygienic purposes by rubbing, stroking, kneading, adjusting or tapping with the hand or by instrument, or who actually performs a massage for compensation.
“Permit” means any written authorization, or permission, to conduct, manage or carry on a business activity within this city. A permit does not constitute a business license.
“Practice of massage” means the performance of massage for compensation, either as the owner of or as an employee of a massage business, either at or away from the place of business.
“Recognized school” means a state-approved and licensed educational institution, as defined in Chapter l, Division 21, Part 4 of the California Education Code and includes any school or institution which has for its purpose the teaching of the theory, method, profession or work of massagist, and which school requires a resident course of study of the minimum standards prescribed by the state for graduation from such school or institution showing the successful completion of such course of study or learning. (Prior code § 5.44.020)
5.32.030 Exemptions.
This chapter shall not apply to:
A. The practice of massage in any licensed hospital, nor by any licensed physician, surgeon, chiropractor or osteopath, or any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath;
B. Trainers for any amateur, semiprofessional or professional athlete team or school athletic program;
C. Any massage limited to the head, face or neck administered by any licensed barber, beautician or cosmetologist. (Prior code § 5.44.030)
5.32.040 Permit—Required.
A. No person, association, partnership or corporation shall conduct or operate an establishment in which the practice of massage is carried on or from which a person is dispatched to administer a massage at another place without obtaining and maintaining in effect a permit as required by this chapter.
B. No person shall practice massage, offer to or solicit to practice massage or hold himself out to be a massagist without obtaining and maintaining in effect a permit as required by this chapter.
C. No permit shall be issued to any person who is not eighteen (18) years of age or older. (Prior code § 5.44.040)
5.32.050 Permit—Approval and issuance authority.
A. The issuing authority is the license collector.
B. The approving authority shall be the chief of police or any of his or her duly authorized agents. (Prior code § 5.44.050)
5.32.060 Permit—Application—Content.
Applications for all permits required in this chapter shall be on such forms as may be adopted by the chief of police from whom such application is required. Satisfactory evidence must be produced and presented in support of the application. The application must contain the following information:
A. The full name and present residence and business address and telephone number of the applicant and his or her California driver’s license number or California identification number. Any other names or aliases, including nicknames, used by the applicant shall be listed. The applicant shall submit any change of address or telephone number which occurs at any time subsequent to being issued a permit;
B. The full name and present residence and business address of all persons, corporations, partnerships or associations having a financial interest in the massage establishment when a permit to operate same is applied for, as well as the name and address of the legal owner of the property. In the event the applicant is not the legal owner of the property, the application must be accompanied by a notarized acknowledgment from the owner of the property that a massage parlor will be located on his or her property, which acknowledgment shall be on a form provided by the police department;
C. The previous addresses and dates of residence of the applicant for a period of three years immediately preceding the date of application;
D. Business, occupation or employment history of the applicant for a period of three years immediately preceding the date of application;
E. A list of massage or similar business licenses held by applicant and whether any such license has been revoked or suspended and the reason therefor; and a list of all other massage establishments owned or operated by the applicant in California;
F. Whether the applicant has been convicted of any crime, except minor traffic offenses (any traffic offense that is designated as a felony shall not be construed as a minor traffic offense), and if so, the nature thereof and sentence therefor;
G. Written proof that the applicant is over the age of eighteen (18) years;
H. Applicant’s height, weight, color of eyes and hair;
I. The applicant for a permit must furnish either:
1. A diploma or certificate of graduation from a recognized school wherein the theory, method, profession and work of massage is taught, and approved by the State Department of Education, or
2. A diploma or certificate of graduation from an existing school or institution of learning outside the state of California, together with a certified transcript of the applicant’s school records showing date of enrollment and graduation from a course of at least two hundred twenty-five (225) hours wherein the theory, method, profession and work of massage is taught and a copy of the school’s approval by its State Department of Education, or
3. Written proof that the applicant has been lawfully employed as a massagist for at least one year prior to the filing of the application;
J. Such other identification and information, including fingerprints or photographs, as is necessary to discover the validity of the matters specified in this section, as required to be set forth in the application. (Prior code § 5.44.060)
5.32.070 Permit—Application—Investigation.
The chief of police shall conduct and complete an investigation of the qualifications and moral character of the applicant and either authorize or deny the permit within forty-five (45) days after the submission of the completed application; provided, however, if good cause exists, the chief of police may extend the period of investigation for an additional thirty (30) days, provided the applicant is notified that the investigation has not been completed. (Prior code § 5.44.070)
5.32.080 Permit—Changes of address.
An applicant for a permit to operate or conduct a massage establishment or a holder of such permit shall report immediately to the chief of police any change in address of the persons, corporations, partnerships or associations having a financial interest in the massage establishment, or any transfer of interest in said establishment by the person, corporation, partnership or association. (Prior code § 5.44.080)
5.32.090 Permit—Fee.
Prior to issuance of any permit pursuant to this chapter, the applicant shall pay the fee prescribed by local law. (Prior code § 5.44.090)
5.32.100 Permit—Display.
A. Every person, partnership, association or corporation to whom or for which a permit has been granted shall display said permit in a conspicuous place so that it may readily be seen by persons entering the massage establishment.
B. A permit issued to an individual massagist shall be retained on the person of such massagist while actually engaged in the practice of massage, and shall be displayed to any police officer on demand. (Prior code § 5.44.100)
5.32.110 Permit—Effect of sale, transfer or location change.
A. Upon the sale or transfer of any interest in a massage establishment, the permit shall be null and void. A new application shall be made by any person, partnership, association or corporation desiring to own or operate the massage establishment.
B. A change of location of any licensed massage establishment shall be approved by the chief of police upon the determination that the requirements of Section 5.32.170 of this chapter are fully met. (Prior code § 5.44.110)
5.32.120 Permit—Denial.
A. The chief of police shall not approve a permit for an applicant who fails to or refuses to furnish the information or documents required by Sections 5.32.060 and 5.32.150 of this chapter, or who submits false or misleading information on the application.
B. A permit shall not be approved if the chief of police determines that the massage establishment does not comply with the minimum requirements set forth in Section 5.32.170 of this chapter, or with the city’s building, fire, health and zoning regulations.
C. The chief of police shall not approve a permit upon receiving satisfactory evidence that the applicant has been convicted of, or has entered a plea of guilty or nolo contendere to any violation of the provisions of this chapter or any other law or ordinance relating to morals, theft, or narcotics or other restricted drugs, unless the chief of police finds that the offense is not reasonably related to the occupation being regulated or that the offense was so remote in time as to indicate that the applicant has been rehabilitated, or by other evidence presented to him by the applicant, the chief of police determines that the applicant has been rehabilitated.
D. A permit shall not be approved by the chief of police if the operation of the establishment will not comport with the peace, health, safety, convenience, good morals, and general welfare of the public.
E. Denial of a permit shall be given to the applicant in writing and shall specify the grounds for such denial. Notice of the denial of the permit shall be deemed to have been served upon personal service of applicant or when deposited in the United States mails with postage prepaid and addressed to the applicant at his or her last known address. Such refusal to approve a permit may be appealed to the city council under the procedures set forth in Section 5.44.200 of this chapter. (Prior code § 5.44.120)
5.32.130 Permit—Revocation.
A. The chief of police shall revoke any permit upon any grounds for which he or she may have refused the issuance thereof or upon conviction or upon a plea of guilty or nolo contendere for any violation of this chapter.
B. To revoke a permit, the chief of police shall serve upon the holder thereof, either by personal service or by certified mail sent to the address shown on the application or otherwise more recently of record, a written notice that said permit shall be revoked effective three days after date of service or date of mailing of said notice. The cause or causes for revocation may be appealed in the same manner as an original refusal to approve a permit.
C. A revoked permit shall be immediately surrendered to the chief of police. (Prior code § 5.44.130)
5.32.140 Employee—Permit and certification required.
No licensed establishment for the practice of massage shall permit any person to act as a massagist without the person first complying with the requirements of Sections 5.32.060 and 5.32.150 of this chapter. (Prior code § 5.44.140)
5.32.150 Employee—Health certificate.
A. Before authorizing the issuance of a permit, the chief of police shall submit the name and address of the applicant to the county health officer and shall advise the applicant that he or she must report for examination. The chief of police shall not authorize the issuance of a permit until advised that the applicant has been examined by the county health officer and has been found to be free of any contagious communicable disease.
B. In addition to the requirements in subsection A of this section, every one hundred twenty (120) days, the applicant shall submit to the chief of police a certificate from a medical doctor stating that the applicant has, within fifteen (15) days immediately prior thereto, been examined and found to be free of any contagious or communicable disease; and if the applicant is not found free of any contagious or communicable disease, his or her permit shall be revoked by the chief of police. Failure to provide such health certificate shall result in revocation of the permit held by the applicant. (Prior code § 5.44.150)
5.32.160 Employee—Clothing requirements.
All massagists shall perform their work fully clothed and in hygienically clean apparel. As used in this section “fully clothed,” means the wearing of clothing comparable to the clothing commonly worn by nurses and physical therapists while working in their respective professions. (Prior code § 5.44.160)
5.32.170 Minimum standards for massage establishments.
No permit to conduct a massage establishment or renewal thereof including the renewal for a permit issued prior to the adoption of the ordinance codified in this chapter, shall be issued unless an inspection by the chief of police or any of his or her duly authorized agents reveals that the establishment complies with each of the following minimum requirements. Failure to maintain these minimum standards shall be grounds for revocation of the permit:
A. A recognizable and legible sign shall be posted at the main entrance identifying the place as a massage establishment, which sign shall comply with the provisions of the sign ordinance of the city.
B. Minimum lighting shall be provided in accordance with the Uniform Building Code, and, in addition, each room or enclosure where massages are performed on patrons shall be illuminated at any time the room or enclosure is occupied, with light having an intensity of not less than seventy (70) footcandle power at floor level and shall conform to minimum standards as prescribed by the county health department.
C. Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided. Equipment shall conform with standards set forth by the county health department.
D. Hot and cold running water shall be provided at all times.
E. Closed cabinets shall be provided and shall be utilized for the storage of clean linen.
F. Adequate bathing, dressing, locker and toilet facilities shall be provided for patrons. A minimum of one tub or shower, one dressing room containing a separate locker for each patron to be served, which locker shall be capable of being locked, and a minimum of one toilet and one washbasin shall be provided by every massage establishment; provided, however, that if male and female patrons are to be served simultaneously at the establishment, separate massage rooms, dressing and toilet facilities shall be provided for male and female patrons.
G. All walls, ceilings, floors, pools, showers, bathtubs, steamrooms, and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms or cabinets, shower compartments and toilet rooms shall be thoroughly cleaned each day the establishment is open to the public. Bathtubs shall be thoroughly cleaned after each use.
H. Clean and sanitary towels and linens shall be provided for each patron of the establishment. No common use of towels or linens shall be permitted.
I. A minimum of one separate washbasin shall be provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap or detergent and hot and cold running water at all times, and shall be located within or as close as practicable to the area devoted to the performing of massage services. (Prior code § 5.44.170)
5.32.180 Inspection of establishments.
The chief of police, building official, health officer or their authorized representatives, shall have the right to enter the massage establishment from time to time for the purpose of making reasonable inspections to observe and enforce compliance with applicable building, fire, electrical or health regulations and the provisions of this chapter. (Ord. 1070 § 4, 1999: prior code § 5.44.180)
5.32.190 Recordkeeping.
Every person, association, partnership or corporation operating a massage establishment under a permit as provided in this chapter, shall keep accurate records which shall indicate the permittee’s business name, the date and hour of each massage, the name and address of the patron, and the name of the massagist giving the massage. The record shall be open to inspection by officials charged with the enforcement of these provisions for the purpose of law enforcement and no other purpose. Identical records shall be kept of massages rendered off the business site, in addition, shall include the address where the massage was rendered. The records shall be maintained and open for inspection for a period of two years and shall be kept on the premises of the massage establishment. (Prior code § 5.44.190)
5.32.200 Appeals.
Whenever an appeal is provided for in this chapter, such appeal shall be filed and conducted as prescribed in this section:
A. Within fifteen (15) calendar days after denial of the application or revocation of the permit by the chief of police, an aggrieved party may appeal such action by filing with the city clerk a written appeal fully setting forth the reasons why such denial of the application or revocation of permit is not proper.
B. Upon receipt of the written appeal the city clerk shall within twenty (20) days, place the appeal on a regular agenda for the city council. At least one week prior to the date of the hearing on the appeal, the city clerk shall notify the appellant and chief of police of the date and place of the hearing. The mayor or mayor pro tern is authorized to issue subpoenas, to administer oaths and to conduct the hearing on the appeal. At the hearing the chief of police and the appellant may present evidence to the denial of the application or revocation of permit by the chief of police. The city council shall receive evidence and shall rule on the admissibility of evidence and on questions of law. The formal rules of evidence applicable in a court of law shall not apply to such hearing.
C. At the conclusion of the hearing, the city council may uphold the denial or revocation, or the city council may allow that which has been denied or reinstate that which has been revoked. The mayor or mayor pro tern shall, within ten days file with the city clerk written findings of fact and conclusions of law and its decision. The decision of the city council is final. (Prior code § 5.44.200)
5.32.210 Violation—Penalty.
Any person, firm or corporation violating the provisions of any section of this chapter shall be deemed guilty of a misdemeanor. (Prior code § 5.44.210)