Chapter 5.08 MASSAGE

A. Each person holding a valid massage parlor license issued under the former provisions of Chapter 7.54 of Title 7 of the Los Angeles County Code as of the effective date of the ordinance codified in this chapter will have until one (1) year from the effective date of the ordinance codified in this chapter to comply with the requirements of Section 5.08.060 as provided in this chapter.

B. Each person holding a valid massage technician license under the former provisions of Chapter 7.54 of Title 7 of the Los Angeles County Code as of the effective date of the ordinance codified in this chapter will have until one (1) year from the effective date of the ordinance codified in this chapter to comply with the requirements of Section 5.08.200 as provided in this chapter. (Ord. 11-3 § 3, 2/8/11; Ord. 15-2 § 1 (Exh. A), 5/12/15)

Part 1. Massage Businesses and Establishments

5.08.010 Definitions.

For the purposes of this chapter, the following words and phrases will have the meaning set forth in this section:

“CMTC” means the “California Massage Therapy Council” created under the Massage Therapy Law. The CMTC is referred to as the “Massage Therapy Organization” (“MTO”) in the Massage Therapy Law.

“CMTC certificate” means a current and valid certificate issued by the CMTC to a massage practitioner or a massage therapist.

“Employee” includes independent contractors.

“Massage” or “massage therapy” means the application of various techniques to the muscular structure and soft tissues of the human body, including, but not limited to, any method of pressure or friction against, stroking, kneading, rubbing, tapping, compressing, pounding, vibrating, rocking or stimulating of external surfaces of the body with hands or the aid of any apparatus or other appliances or devices, with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations for any consideration or compensation.

“Massage business or establishment” means a business or establishment, including a sole proprietor or independent contractor, that offers massage therapy within the City, whether at a fixed place of business or at a location designated by the patron, and also includes all businesses or establishments where massage therapy is provided as an ancillary service such as day spas and professional offices where such massage therapy is not otherwise exempt under this chapter. “Massage business or establishment” also means a “massage parlor” as such term is defined in Title 7 of the Los Angeles County Code.

“Massage practitioner” means any person who has been certified as a massage practitioner and maintains a current and valid CMTC certificate under the Massage Therapy Law.

“Massage therapist” means any person who has been certified as a massage therapist and maintains a current and valid CMTC certificate under the Massage Therapy Law.

“Massage Therapy Law” means Chapter 10.5 of Division 2 of the California Business and Professions Code (beginning at Section 4600).

“Outcall massage therapy” means the performance of massage therapy at a location designated by the patron and not at a fixed location massage business or establishment.

“Registered school” means an institution that provides massage therapy education and training as such term is defined in Section 4600 of the Massage Therapy Law.

“Specified criminal offense” means:

1. Within five (5) years of the date of the filing of the application has pleaded guilty or nolo contendere to, or been convicted in a court of competent jurisdiction of, a misdemeanor or felony crime involving sexual misconduct, including but not limited to (a) Chapter 1 of Title 9 of the Penal Code (Sections 261 through 269) relating to sexual crimes; (b) Chapter 8 of Title 9 of the Penal Code (Sections 314 through 318.6) relating to indecent exposure, obscenity and disorderly establishments; or (c) Penal Code Section 647(a) or (b) relating to prostitution; or

2. Any similar offenses under the Criminal or Penal Code of this State or any other states or counties; or

3. Having permitted, through an act of omission or commission, an employee or agent to engage in any type of moral turpitude or sexual misconduct offense listed in subsection (1) or (2) of this definition (the conduct of the employee or agent, if such resulted in a conviction or a plea of nolo contendere or guilty, will be considered imputed to the principal).

“Title 7” means Title 7 of the Los Angeles County Code as amended, which has been adopted by reference as the City’s business licensing title, except as amended by this chapter. (Ord. 11-3 § 2, 2/8/11; Ord. 15-2 § 1 (Exh. A), 5/12/15)

5.08.020 License—Required.

No person may engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in any location within the City, a massage business or establishment unless a business license is first obtained and maintained in accordance with the applicable provisions of this chapter and Title 7 of the Los Angeles County Code. (Ord. 11-3 § 2, 2/8/11; Ord. 15-2 § 1 (Exh. A), 5/12/15)

5.08.025 License—Limitations.

No massage practitioner or therapist holding a license under Section 5.08.020, or employed by a person holding such a license, may perform any massage therapy in any location other than at the massage business or establishment specified on the license application, except for the performance of any outcall massage therapy. (Ord. 15-2 § 1 (Exh. A), 5/12/15)

5.08.030 Employee Reporting Requirement.

The holder of a massage business or establishment license required by Section 5.08.020 must notify the County Treasurer and Tax Collector, in writing, of the name and address of each person employed as a massage practitioner or massage therapist within five (5) business days of that person being employed. (Ord. 11-3 § 2, 2/8/11; Ord. 15-2 § 1 (Exh. A), 5/12/15)

5.08.040 Exceptions to Chapter Applicability.

This chapter does not apply to:

A. Any treatment administered in good faith in the course of the practice of any healing art personally by any person licensed to practice any such art or profession under the provisions of the Business and Professions Code of the State of California or any other statute of this State.

B. Any physician, surgeon, chiropractor, osteopath, naturopath, podiatrist, acupuncturist, physical therapist, registered nurse or vocational nurse duly licensed to practice their respective profession in the State.

C. Barbers, cosmetologists, estheticians, and manicurists licensed to practice their respective profession under the laws of the State while performing activities within the scope of their license; provided, that such massage is limited solely to the neck, face, scalp, feet, hands, arms, and lower limbs up to the knees, of their patrons.

D. State-licensed hospitals, nursing homes, and other State-licensed physical or mental health facilities and their employees.

E. Persons who provide massage therapy to athletes or athletic teams, facilities or events, so long as such persons do not practice massage therapy as their primary occupation within the City.

F. Registered schools and their employees that provide massage therapy education or training and their students in training; provided, that such students perform massage therapy only under the direct personal supervision of an instructor.

G. Any location licensed as a health club, provided only one (1) massage table is used at such location and provided such use is incidental to the operation of the health club. (Ord. 11-3 § 2, 2/8/11; Ord. 15-2 § 1 (Exh. A), 5/12/15)

5.08.050 License—Hearing on Application.

Except as provided in Section 7.06.260 of Title 7 of the Los Angeles County Code, the Business License Commission will hold a public hearing on every application for a license required by this part, and must give notice of such hearing as required by Sections 7.10.100, 7.10.110, 7.10.120 and 7.10.130 of Title 7 of the Los Angeles County Code. (Ord. 11-3 § 2, 2/8/11; Ord. 15-2 § 1 (Exh. A), 5/12/15)

5.08.060 Employment of Unlicensed Massage Practitioners and Therapists Prohibited.

A licensee or person required by this part to obtain a license may not hire or employ a massage practitioner or massage therapist unless such person possesses a CMTC certificate and a valid license required by Part 2 of this chapter. (Ord. 11-3 § 2, 2/8/11; Ord. 15-2 § 1 (Exh. A), 5/12/15)

5.08.070 Facilities Prerequisite to License Issuance.

A license will not be issued pursuant to this part unless an inspection reveals that the business or establishment complies with each of the following minimum requirements of this part. (Ord. 11-3 § 2, 2/8/11; Ord. 15-2 § 1 (Exh. A), 5/12/15)

5.08.080 Locked Doors.

No massage therapy may be provided in a massage business or establishment within any cubicle, room, booth, or other area which is fitted with a door capable of being locked. The premises’ exterior doors and the doors separating the waiting or reception area from the remainder of the premises must remain unlocked during business hours (including electric locking devices), unless there is no staff available to assure the security of patrons and massage practitioners or therapists who are behind closed doors. (Ord. 11-3 § 2, 2/8/11; Ord. 15-2 § 1 (Exh. A), 5/12/15)

5.08.085 Hours of Operation.

Massage therapy business hours shall be limited to seven a.m. to ten p.m. (Ord. 15-2 § 1 (Exh. A), 5/12/15)

5.08.090 Signs.

A recognizable and readable sign must be posted at the main entrance identifying the location as a massage business or establishment. Such sign must comply with all requirements of this code. (Ord. 11-3 § 2, 2/8/11; Ord. 15-2 § 1 (Exh. A), 5/12/15)

5.08.100 Building Code Requirements.

A. Minimum lighting must be provided in accordance with the Building Code, and, in addition, at least one (1) artificial light of not less than forty (40) watts must be provided in each enclosed room or booth where massage therapy is performed on a patron.

B. Minimum ventilation must be provided in accordance with the Building Code. (Ord. 11-3 § 2, 2/8/11; Ord. 15-2 § 1 (Exh. A), 5/12/15)

5.08.110 Cleanliness.

A. Adequate equipment for disinfecting and sterilizing instruments used in performing any massage must be provided.

B. Hot and cold running water must be provided at all times.

C. Separate closed cabinets must be provided for the storage of clean and soiled linen, and must be plainly marked: “Clean Linen,” “Soiled Linen.”

D. Clean and sanitary towels, sheets and linens must be provided in sufficient quantity. Towels, sheets and linens must not be used by more than one (1) person. Reuse of such linen is prohibited unless such linen has first been laundered. Heavy white paper may be substituted for sheets; provided, that such paper is used once for each person and then discarded into a sanitary receptacle. (Ord. 11-3 § 2, 2/8/11; Ord. 15-2 § 1 (Exh. A), 5/12/15)

5.08.120 Massage Tables.

Standard or portable massage tables must be used with a durable, washable plastic or other waterproof material as a covering. The massage tables must be positioned so that there is at least three (3) feet from the nearest wall to each side to allow access to the table on all sides. Foam pads more than four (4) inches thick or more than four (4) feet wide may not be used. Beds, mattresses and water beds may not be used in the administration of a massage. (Ord. 11-3 § 2, 2/8/11; Ord. 15-2 § 1 (Exh. A), 5/12/15)

5.08.130 Dressing and Toilet Facilities.

Adequate dressing, locker and toilet facilities must be provided for patrons. A minimum of one (1) dressing room containing a separate locker for each patron to be served, which locker must be capable of being locked, and a minimum of one (1) toilet and one (1) wash basin must be provided by every massage establishment. (Ord. 11-3 § 2, 2/8/11; Ord. 15-2 § 1 (Exh. A), 5/12/15)

5.08.140 Operation Requirements Generally.

Every establishment for which this part requires a license must be maintained and operated in conformity with the following sections. (Ord. 11-3 § 2, 2/8/11; Ord. 15-2 § 1 (Exh. A), 5/12/15)

5.08.150 Licensed Responsible Person—Required.

All businesses or establishments licensed under this part must at all times have a massage practitioner or therapist licensed under Section 5.08.200 on the premises when open for business to serve as the responsible person for the business or establishment. This responsible person must be familiar with the requirements of this chapter and be capable of communicating the provisions of this chapter to employees and patrons of the business or establishment. (Ord. 11-3 § 2, 2/8/11; Ord. 15-2 § 1 (Exh. A), 5/12/15)

5.08.160 Register of Employees.

Every massage business or establishment must maintain a register of all employees. The register must contain the names of all employees, their home address, age, birth date, gender, height, weight, color of hair, eyes, telephone number, social security number, date of employment and termination, if any, and the duties of each employee. A complete set of all such information must be maintained in English and such information must be retained in the register for a period of at least two (2) years following an employee’s termination. Such employee register must be available for inspection at the massage business or establishment to representatives of the City during regular business hours. (Ord. 11-3 § 2, 2/8/11; Ord. 15-2 § 1 (Exh. A), 5/12/15)

5.08.162 Service List and Prices.

Each massage therapy service offered, the price of the service and the minimum length of time such service will be performed must be posted in a conspicuous public location in each massage business or establishment. The services must be described in readily understandable terms, all letters and numbers must be not less than one (1) inch in height, and must be in English and such other languages as may be convenient to communicate such services. No services may be performed and no sums may be charged for such services other than those posted. All arrangements for services to be performed must be made in a room in the massage business or establishment that is not used for massage therapy unless no other room exists in the business or establishment. (Ord. 11-3 § 2, 2/8/11; Ord. 15-2 § 1 (Exh. A), 5/12/15)

5.08.168 Records of Treatments.

Each massage business or establishment must keep a record of the date and hour of each treatment, the name and address of the patron, and the name of the massage practitioner or therapist administering such treatment. A complete set of such information must be maintained in English and the records available for inspection by City representatives for the purposes of law enforcement and for no other purpose. Identical records must be kept for outcall massage therapy services and, in addition, must describe the address where such services were rendered. All such records must be maintained for a period of at least two (2) years. (Ord. 11-3 § 2, 2/8/11; Ord. 15-2 § 1 (Exh. A), 5/12/15)

5.08.170 Recording of Activities Prohibited.

No building or part thereof where massage therapy is being conducted may be equipped with any electronic, mechanical or artificial device used, or capable of being used, for recording or videotaping, for monitoring the activities, conversation, or other sounds in the treatment room or room used by patrons. (Ord. 11-3 § 2, 2/8/11; Ord. 15-2 § 1 (Exh. A), 5/12/15)

5.08.172 Improper Solicitation or Performance of Services.

A. Except to the extent required, in writing, by a State-licensed medical practitioner, no massage therapy may be provided to a patron that results in intentional contact, or occasional and repetitive contact with the genitals, anus or areola of any patron.

B. No massage practitioner, therapist or other person may, after the commencement of any service for any patron, advise, suggest or otherwise indicate to such patron that any additional service is available or ask or inquire of such patron whether such patron desires any additional service to be performed at that time, except with respect to services that are publicly posted. (This regulation does not preclude the discussion with a patron in the lobby or public area of additional or alternative massage services that are not posted upon completion of the massage.)

C. No massage practitioner or massage therapist may perform any service for any patron that was not ordered by such patron prior to the commencement of performance of any service requested.

D. No massage practitioner, therapist, or other person may offer to or perform any act of prostitution as such term is defined in the California Penal Code. (Ord. 11-3 § 2, 2/8/11; Ord. 15-2 § 1 (Exh. A), 5/12/15)

5.08.174 Access.

The following persons may be allowed beyond the front lobby, located directly inside the front door entrance during hours of operation: (A) massage practitioners and massage therapists; and (B) patrons, who may be accompanied by no more than one (1) family member or caregiver. Any other persons found beyond the first interior door leading to the inside of the premises including, but not limited to, hallways, massage rooms, reception/business offices or lounge area will be a violation of this chapter. Nothing contained in this section prohibits any employee from being present in hallways, reception/business offices or other areas necessary or relating to such person’s employment duties, nor prohibits any authorized repair, maintenance or service personnel from being present in areas necessary to the performance of such person’s services, except that no such employee or service personnel may be permitted in any massage room or cubicle while a patron is present in such room or space. (Ord. 11-3 § 2, 2/8/11; Ord. 15-2 § 1 (Exh. A), 5/12/15)

5.08.180 Maintenance of Premises and Equipment.

A. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition.

B. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments and toilet rooms must be thoroughly cleaned each day the business is in operation. Bathtubs must be thoroughly cleaned after each use.

C. Clean and sanitary towels and linens must be provided for each patron of the establishment or each patron receiving massage services. No common use of towels or linens is permitted.

D. All bathrobes, bathing suits or other garments provided for the use of patrons must be either disposed of after any use or properly laundered. (Ord. 11-3 § 2, 2/8/11; Ord. 15-2 § 1 (Exh. A), 5/12/15)

5.08.190 Licensee Responsibility.

The licensee under this part is responsible for the conduct of all employees, agents, independent contractors or other representatives, while on the premises of the massage business or establishment and while providing any massage therapy on behalf of such business or establishment. (Ord. 11-3 § 2, 2/8/11; Ord. 15-2 § 1 (Exh. A), 5/12/15)

5.08.192 Inspections.

Representatives of the City’s Building Department, Code Enforcement Department, Community Development Department, Fire Department, and Police Department may, from time to time, make an inspection of each fixed location massage business or establishment in the City during regular business hours for the purpose of determining that all applicable laws are met. (Ord. 11-3 § 2, 2/8/11; Ord. 15-2 § 1 (Exh. A), 5/12/15)

Part 2. Massage Practitioners and Therapists

5.08.200 License and CMTC Certificate—Required.

No person may engage in, conduct, carry on, or perform massage therapy within the City unless such person has a CMTC certificate and has first obtained and maintains a license, or is employed by a person who has obtained and maintains a license, in accordance with the applicable provisions of this chapter and Title 7 of the Los Angeles County Code. (Ord. 11-3 § 2, 2/8/11; Ord. 15-2 § 1 (Exh. A), 5/12/15)

5.08.240 Clothing and Hygiene.

Massage practitioners and therapists must at all times, while on the premises of the business or establishment, be clean, and wear nontransparent outer garments covering the body from knee to neck. (Ord. 11-3 § 2, 2/8/11; Ord. 15-2 § 1 (Exh. A), 5/12/15)

5.08.250 CMTC Identification—Required.

All massage practitioners and therapists must have on his or her person or maintain on the premises their CMTC identification card. Such identification card must be provided to City officials or representatives upon demand. (Ord. 11-3 § 2, 2/8/11; Ord. 15-2 § 1 (Exh. A), 5/12/15)

Code reviser’s note: Section 2 of Ord. 11-3 provides, in part: “Chapter 7.54 of the Los Angeles County Code, which has been adopted by reference, is hereby amended and restated as Chapter 5.08 of the Santa Clarita Municipal Code.”