Chapter 6-9 MASSAGE ESTABLISHMENTS AND SCHOOLS OF MASSAGE

The purpose and intent of the Council in enacting this chapter is to protect the health, welfare, safety, and interests of the public and of patrons of establishments regulated by this chapter by requiring the licensing and regulation of the establishments, services, and persons defined in this article, and by providing minimum building, health, and sanitation standards for such establishments, and by requiring minimum qualifications for persons performing such services.

6-9-102 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) “Applicant” shall mean a person who is required to file an application for a permit under this chapter, including a masseur, masseuse, instructor, trainee, individual owner, managing partner, managing officer of a corporation, or any other operator, manager, or employee of a massage establishment or school of massage.

(b) “Bath” shall mean the giving or furnishing of Russian, Finnish, Swedish, hot air, vapor, electric cabinet, steam, mineral, sweat, salt, Japanese, sauna, fomentation, or an electric bath or bath of any kind whatever, excluding ordinary tub baths or showers where an attendant is not required.

(c) “Bona fide nonprofit organization” shall mean any fraternal, charitable, religious, benevolent, or other nonprofit organization having a regular membership association primarily for mutual, social, mental, political, and civic welfare to which admission is limited to the members and guests and revenue accruing therefrom is to be used exclusively for the purposes of such organization, and which organization or agency is exempt from taxation under the Internal Revenue Code of the United States as a bona fide fraternal, charitable, religious, benevolent, or other nonprofit organization, and in which any massage or bath service provided is incidental to its primary operation.

(d) “Health Officer” shall mean the Health Officer of the County or his duly authorized agent.

(e) “Instructor” shall mean a person employed by a school of massage for the purpose of teaching and/or demonstrating courses in such school.

(f) “Massage” shall mean any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of, the external parts of a human body with the use of the hands, arms, or other portion of another human body, with or without the aid of any mechanical or electrical apparatus or appliance, and with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used on the human body. “Massage” shall also include the giving of any bath as defined in subsection (b) of this section.

(g) “Massage establishment” shall mean any establishment having a fixed place of business where any person, firm, association, or corporation engages in, or carries on, or permits to be engaged in or carried on, any of the activities set forth in subsection (b) or (f) of this section. Any establishment engaged in, carrying on, or permitting any combination of massage and bath shall also be deemed a massage establishment.

(h) “Massage practitioner” shall mean any person to whom an MTO Certificate has been issued pursuant to subdivision (b) of Section 4601 of the California Business and Professions Code, or subdivision (a) or (c) of Section 4604 of the California Business and Professions Code, and who is engaged in the practice of massage therapy for compensation.

(i) “Massage therapist” shall mean any person to whom an MTO Certificate has been issued pursuant to subdivision (c) of Section 4601 of the California Business and Professions Code and who is engaged in the practice of massage therapy for compensation.

(j) “Masseur” or “masseuse” shall mean any person who, for any consideration whatsoever, engages in the practice of massage as defined in subsection (f) of this section, unless otherwise excepted.

(k) “MTO Certificate” shall mean the certificate issued by the Massage Therapy Organization to massage therapists pursuant to subdivision (c) of Section 4601 of the California Business and Professions Code, and to massage practitioners pursuant to subdivision (b) of Section 4601 of the California Business and Professions Code or subdivision (a) or (c) of Section 4604 of the California Business and Professions Code.

(l) “Out-call massage” shall mean the engaging in or carrying on of a massage for a fee, not at a massage establishment or school of massage but at a location designated by the customer or client, by any permittee or by any other party.

(m) “Person” shall mean any individual, partnership, copartnership, firm, association, joint stock company, or corporation, or combination of such in whatever form or character.

(n) “School of massage” shall mean any school or institution of learning which has for its purpose the teaching of the theory, method, profession, or work of massage, which school requires a resident course of study of not less than one hundred eighty (180) class hours to be given in not less than three (3) calendar months 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 which school has been approved pursuant to Section 29007.5 of the Education Code of the State.

(o) “Trainee” shall mean a person accepted for enrollment in a course of study leading to a degree or certificate of graduation from a school of massage in the County.

(1140-CS, Amended, 05/25/2010)

6-9-103 Permits required.

(a) It shall be unlawful for any person to engage in, conduct, or carry on, or to permit to be engaged in, conducted, or carried on, in or upon any premises in the City, the operation of a massage establishment or a school of massage without first having obtained a permit from the City as required by this article.

(b) It shall be unlawful for any person to act as a masseur, masseuse, instructor, or trainee, or to take any other position of employment with a massage establishment or school of massage in the City, without first having obtained a permit from the City as required by this article.

(c) It shall be unlawful for any person engaged in, conducting, or carrying on the operation of a massage establishment to operate or use the same premises, location, or facilities as a school of massage.

(d) It shall be unlawful for any person engaged in, conducting, or carrying on the operation of a school of massage to operate or use the premises, location, or facilities as a massage establishment.

This section shall not apply to any massage establishments that are sole proprietorships, where the sole proprietor is certified by the state pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code, et seq., or to any massage establishments that employ or use only massage therapists or massage practitioners certified by the state pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code, et seq.

(1140-CS, Amended, 05/25/2010)

6-9-104 Permits: Filing: Fees.

(a) Every person who proposes to maintain, operate, or conduct a massage establishment or a school of massage in the City shall file an application with the Police Chief upon a form provided by the City and shall pay a filing fee established by resolution of the City Council.

(b) Every person who proposes to be employed by a massage establishment or a school of massage, every person who proposes to engage in the practice of massage, and every person who proposes to be an instructor or trainee in a school of massage shall file an application with the Police Chief upon a form provided by the City and shall pay a filing fee established by resolution of the City Council.

(c) A permit when issued shall state whether it is for a massage establishment, for a school of massage, for a masseur or masseuse, for a massage establishment or school of massage employee who is not authorized to perform a massage, or for an instructor or trainee in a school of massage.

(903-CS, Amended, 06/27/1996)

6-9-105 Permits: Applications.

(a) Every application submitted to the Police Chief shall include the following information:

(1) The type of permit applied for;

(2) The name, including all aliases, by which the applicant is or has ever been known;

(3) The applicant’s present residence address and the residence addresses and dates thereof for the three (3) years immediately preceding the date of the application;

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

(5) The applicant’s height, weight, and color of eyes and hair;

(6) Two (2) portrait photographs of the applicant at least two (2") inches by two (2") inches;

(7) The business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of the application;

(8) The applicant’s social security number and driver’s license number, if any;

(9) The massage or similar business license or permit history of the applicant, including:

(i) Whether such person has previously operated in this or another city, county, or state under a license or permit;

(ii) Whether such person has had such license or permit revoked or suspended and the reason therefor; and

(iii) The business activity or occupation of such person subsequent to such action of suspension or revocation;

(10) Whether the applicant has ever been convicted of:

(i) An offense involving conduct which requires registration pursuant to Section 290 of the Penal Code of the State;

(ii) An offense involving the use of force and violence upon the person of another that amounts to a felony;

(iii) An offense involving sexual misconduct with children;

(iv) An offense involving theft of property;

(v) An offense as defined in Sections 311, 315, 316, 318, 266, 266a, 266b, 266d, 266e, 266f, 266g, 266h, 266i, 647 subdivision (a), 647 subdivision (b), 647 subdivision (d), or 647a of the Penal Code of the State;

(vi) Conspiracy to commit or an attempt to commit any of the aforesaid offenses; and

(vii) The equivalent of any of the aforesaid offenses in a jurisdiction outside the State;

(11) Whether such person is or has ever been licensed or registered as a prostitute or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any such person has ever been licensed or registered as a prostitute, or otherwise has been authorized by the laws of any other state to engage in prostitution, a statement shall be made giving the place of such registration, licensing, or legal authorization and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution;

(12) Whether the applicant, including a corporation or partnership, or a former employer of the applicant while so employed, or a building in which the applicant was so employed or a business conducted, was every subjected to an abatement proceeding under Sections 11225 through 11235 of the Penal Code of the State or any similar provisions of law in a jurisdiction outside the State;

(13) The location at which the permittee is to be employed; and

(14) Such other identification and information necessary to disclose the truth of the matters specified in this section as required to be set forth in the application.

(b) Every application for a permit to be a masseur, masseuse, instructor, or trainee shall also be accompanied by a certificate from a physician licensed to practice medicine in the State showing that the applicant has been tested within the previous thirty (30) days in a manner approved by the Health Officer and has been found to be free of all contagious, infectious, and communicable diseases.

(c) Every applicant for a permit to be a masseur, masseuse, or instructor shall also furnish a diploma or certificate of graduation from a school of massage wherein the method, profession, and work of massage is taught and shall show satisfactory completion of courses in anatomy and hygiene.

(1) The Police Chief shall accept as meeting such requirements satisfactory evidence that the applicant has completed courses of instruction substantially equivalent to the above.

(2) The Police Chief shall accept two (2) years’ bona fide experience as a masseur or masseuse in a massage establishment, attested to in writing under oath by a person other than the applicant, as satisfying the requirement for training in the theory, method, profession, or work of massage. Any such applicant who has not completed courses in anatomy and hygiene may provide evidence satisfactory to the Health Officer of knowledge equivalent to that taught in such courses or, if required by the Health Officer, shall within a reasonable time complete courses of instruction in such subjects.

(d) Every application for a permit to operate a massage establishment or school of massage shall also set forth the exact nature of the massage and/or baths to be administered and the proposed place of business and facilities therefor.

(e) Every application for a permit to operate a massage establishment or a school of massage shall give the name and address of the owners and lessors of the real property upon or in which the business is to be conducted.

(f) Every application for a school of massage shall be accompanied by:

(1) Proof of approval pursuant to Section 29007.5 of the Education Code of the State;

(2) A statement of the educational and experience qualifications, and the names and residence addresses of all administrators and instructors, and the subject matter to be taught or demonstrated by each; and

(3) A copy of the course outline, schedule of tuition, fees and other charges, regulations pertaining to tardiness and absence, grading policy, and rules of operation and conduct.

(g) If an applicant is a corporation, the application shall also set forth the name of the corporation exactly as shown in its articles of incorporation, together with the names and residence addresses of each of the officers, directors, and each stockholder holding five (5%) percent or more of the stock of the corporation.

The corporation shall designate one of its officers to act as the responsible managing officer of the massage establishment or school of massage. Such officer shall complete the application form as an individual applicant under this chapter.

(h) If the applicant is a partnership, the application shall also set forth the name and residence address of each of the partners, including limited partners.

The partnership shall designate one of the partners to act as the managing partner of the massage establishment or school of massage. Such partner shall complete the application form as an individual applicant under this chapter. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply.

(i) Every application for a permit shall be verified by affidavit or by declaration or certification under penalty of perjury as provided in the Code of Civil Procedure of the State.

6-9-106 Permits: Applications: Referral to other departments.

(a) All applications for permits for massage establishments or schools of massage shall be referred to the Planning Director/ Building Official, the Fire Chief, and the Health Officer who shall make written recommendations to the Police Chief concerning compliance with the laws they administer and enforce.

(b) All other applications shall be referred to the Health Officer for his written recommendation to the Police Chief concerning compliance with the laws he administers and enforces.

(c) The Police Chief shall require an applicant to have his or her fingerprints taken and may require such additional information as may be necessary to establish the identification of the applicant. All expenses shall be born by the applicant.

6-9-107 Trainee permits.

The Police Chief shall issue a trainee permit after an application therefor has been reviewed and approved. The Police Chief may refuse, revoke, or suspend a trainee permit for the reasons set forth in Section 6-9-108 of this article. No such trainee shall perform any of the massage services defined in Section 6-9-102 of this article, except that such trainee may engage in massage services within the school premises under the direction of a qualified instructor and in his immediate presence.

Such trainee permit shall be valid for a period of six (6) months and shall not be renewed or extended, except for a delay in completing required training due to an accident, illness, or other showing of good cause. Such renewal or extension shall be in writing by the Police Chief. The applicant for a trainee permit shall submit a letter signed by the individual owner, managing partner, or managing officer of the school of massage showing that the applicant is currently accepted for enrollment in a course of study leading to a degree or certificate of graduation.

6-9-108 Permits: Issuance, refusal, revocation, or suspension.

(a) The Police Chief shall issue all other permits after the application therefor has been reviewed and approved. For good cause the Police Chief may refuse, revoke, or suspend a permit for a massage establishments, a school of massage, or for any other applicant or permittee for any of the following reasons, which shall be set forth fully in writing and delivered to the applicant or permittee:

(1) That the operation as proposed by the applicant, if permitted, will not or does not comply with all the applicable laws, including, but not limited to, laws relating to building, health, planning, housing, zoning, and fire protection, and other applicable laws and regulations which the departments named in this chapter have a responsibility to administer;

(2) That the applicant or any other person who will be directly engaged in the management and operation of a massage establishment or school of massage has been convicted of any of the offenses enumerated in subsection (10) of subsection (a) of Section 6-9-105 of this article or has been convicted of an offense outside the State that would have constituted any of the described offenses if committed within the State.

A permit may be issued to any person convicted of any of the crimes described if such conviction occurred more than five (5) years prior to the date of the application and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for the crimes set forth in subsection (10) of subsection (a) of Section 6-9-105 of this article;

(3) That the applicant has been licensed or registered in any state as a prostitute;

(4) That the Police Chief is not satisfied that the moral character of the applicant is such that the applicant’s employment by or maintenance and operation of a massage establishment or school of massage will not adversely affect the public interest, morals, or welfare, or that he is not satisfied that the moral character of any person who is an owner, partner, or director of a corporation, stockholder holding five (5%) percent or more of the stock of the corporation, or lessor or owner of the real property is such that the maintenance and operation of a massage establishment or school of massage will not adversely affect the public interest, morals, or welfare. The Police Chief, on request, shall indicate his approval or disapproval of an application on moral grounds;

(5) That any of the provisions of this chapter have been violated or that the permittee or any employee, including a masseur, masseuse, instructor, or trainee, is engaged in any conduct at a massage establishment or school of massage which violates any State, County, or City law or ordinance, or that the permittee of a massage establishment or school of massage has actual or constructive knowledge of such violations, or where such permittee by the exercise of due diligence should have had actual or constructive knowledge of any such violation, or that such permittee or any other person acting on the permittee’s behalf has refused to allow any duly authorized building inspector, peace officer of the City, or health officer to inspect the premises or the operations therein pursuant to the provisions of this chapter; and

(6) That the Health Officer has determined that such business is being managed, conducted, or maintained without regard for the public health, or for the health of patrons or customers, or without due regard for proper sanitation and hygiene.

(b) Any person aggrieved by any decision or action of the Police Chief under the provisions of this section may appeal as provided in Title 1, Chapter 4 of this Code.

(866-CS, Amended, 02/09/1995)

6-9-109 Permits: Terms.

Permits issued under the provisions of Section 6-9-108 of this article shall be valid for a period of one year after the date of issuance and shall be renewable annually.

(a) An application for the renewal of a masseur or masseuse permit shall be accompanied by a filing fee established by resolution of the City Council, which shall not be refundable, and shall contain the same information as set forth in subsection (a) of Section 6-9-105 of this article, excluding therefrom subsections (4), (7), (8), and (9).

(b) All applications for renewal shall be made to the Police Chief who may require an applicant to have his or her fingerprints taken and to furnish such additional information as may be necessary to establish the identification of the applicant.

(c) All applications for renewal shall be accompanied by a certificate from a physician licensed to practice medicine in the State showing that the applicant has been tested within the previous thirty (30) days in a manner approved by the Health Officer and has been found to be free of all contagious, infectious, and communicable diseases.

(903-CS, Amended, 06/27/1996)

6-9-110 Sale, transfer, or change of locations.

Upon the sale, transfer, or relocation of a massage establishment or school of massage, the permit therefor shall be null and void; provided, however, upon the death or incapacity of the permittee, a massage establishment or school of massage may continue in business for a reasonable period of time, not to exceed three (3) months, to allow for an orderly transfer of the business. No permittee shall operate under any name or conduct his business under any designation or at any location not specified in the permit. Any masseur, masseuse, instructor, trainee, or other employee may have a valid and unexpired permit transferred for use at any other massage establishment or school of massage upon a written application to the Police Chief accompanied by a non-refundable transfer fee established by resolution of the City Council.

(903-CS, Amended, 06/27/1996)

Article 2. Regulations

6-9-201 Required facilities.

(a) Every massage establishment and school of massage shall have the following facilities to provide for and protect the health and safety of the patrons thereof:

(1) Rooms and facilities used for toilets, tubs, steam baths, and showers shall be constructed and installed in accordance with the applicable building regulations of the State and City.

(2) Toilet facilities shall be provided in convenient locations. Separate toilet facilities shall be provided for males and females and shall be designated as to the sex accommodated therein. [This subsection (a)(2) shall not apply to any massage establishments that are sole proprietorships, where the sole proprietor is certified by the state pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code, et seq., or to any massage establishments that employ or use only massage therapists or massage practitioners certified by the state pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code, et seq.]

(3) Lavatories or washbasins, provided with both hot and cold running water, shall be installed in every toilet room or the vestibule thereto. All lavatories and washbasins shall be provided with soap in a dispenser and with sanitary towels.

(4) Every cubicle, room, booth, or other area provided or used for patrons’ use shall be provided with adequate light, heat, and ventilation as approved by the Health Officer. When windows or skylights are used for ventilation, at least one-half (1/2) of the total required window area shall be openable.

(5) To allow for adequate ventilation, any cubicle, room, booth, or other area provided or used for patrons’ use and not served directly by an openable window, skylight, or mechanical system of ventilation shall be constructed so that the height of the partitions does not exceed seventy-five (75%) percent of the floor-to-ceiling height of the area in which it is located.

(6) No cubicle, room, booth, or other area which is provided or used for patrons’ use, other than toilet facilities, shall be fitted with a door capable of being locked. [This subsection (a)(6) shall not apply to any massage establishments that are sole proprietorships, where the sole proprietor is certified by the state pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code, et seq., or to any massage establishments that employ or use only massage therapists or massage practitioners certified by the state pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code, et seq.]

(7) All electrical equipment and plumbing fixtures shall be installed in accordance with the applicable building regulations of the State and City.

(8) Individual security deposit facilities capable of being locked by the patron shall be provided at no extra charge for the protection of the valuables of patrons.

(b) No permit to conduct a massage establishment or school of massage shall be issued until an inspection has been made of the proposed facilities by representatives of the Planning Director/Building Official and the Health Officer and such officials have determined that the proposed facilities meet or can be made to meet the requirements of this chapter.

(1140-CS, Amended, 05/25/2010)

6-9-202 Operating requirements.

(a) Every portion of a massage establishment or school of massage, including appliances and apparatus, shall be kept clean and be operated in a sanitary condition.

(b) All masseurs, masseuses, instructors, and trainees shall be clean and wear clean outer garments, the use of which is restricted to the massage establishment or school of massage. A separate dressing room for each sex shall be maintained on the premises with individual lockers for each employee or trainee. Doors to such dressing rooms shall open inward and shall be self-closing.

(c) Each massage establishment and school of massage shall be provided with an adequate quantity of clean laundered sheets and towels. Such sheets and towels shall be laundered after each use thereof and shall be stored in an approved and sanitary manner. Each massage table shall be provided with clean sheets and towels prior to each use. Approved receptacles shall be provided for the storage of soiled linens and towels.

(d) Cubicles, rooms, booths, toilet rooms, plumbing fixtures, and other patron facilities shall be thoroughly cleaned at least once each day the massage establishment or school of massage is in operation. Bathtubs and shower compartments shall be thoroughly cleaned with a disinfectant after each use.

(e) No massage establishment or school of massage, or any portion of a building in which a massage establishment or school of massage is located, shall be used for residential or sleeping purposes.

(f) If male and female patrons are to be served simultaneously, separate rooms, baths, and other patron facilities shall be provided for such male and female patrons.

(g) Massage establishments and schools of massage may be open for operation only between the hours of 7:00 a.m. and 10:00 p.m., inclusive, of each day.

(h) No out-call massage service shall be performed unless authorized in writing by a physician and surgeon or osteopath duly licensed to practice in the State.

(i) No alcoholic beverage shall be sold, served, furnished, kept, or possessed on the premises of any massage establishment or school of massage.

(1114-CS, Amended, 01/08/2009)

6-9-203 Employees: Registers and permit numbers.

(a) Every permittee of a massage establishment shall maintain a register of all persons employed on the premises and their permit numbers. Such registers shall be available for inspection during regular business hours by any representative of the City or the Health Officer.

(b) Every permittee of a school of massage shall maintain a register of all persons employed on the premises and of all trainees or students. Such registers shall be available for inspection during regular business hours by any representative of the City or the Health Officer.

(c) Every nonexempt massage business or massage establishment, and every massage business or massage establishment as defined under paragraph (1) of subdivision (b) of Section 4612 of the California Business and Professions Code, shall:

(1) Provide the police department with a copy or other evidence of the massage therapy license or MTO Certificate of every person who is employed or retained by the business or establishment to provide massage therapy, within thirty (30) calendar days of the commencement of such person’s period of employment;

(2) Maintain on its premises a copy or other evidence of each such massage therapy license or MTO Certificate for review by the police department; and

(3) Notify the Police Chief of any intention to rename, change management, or convey the business or establishment to another person.

(1140-CS, Amended, 05/25/2010)

6-9-204 Display of permits and identification cards.

(a) Every massage establishment or school of massage shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such massage establishment or school of massage in a conspicuous place so that the permit may be readily seen by all persons entering the massage establishment or school of massage.

(b) Maintain a copy or other evidence of each such massage therapy license or MTO Certificate for review by the police department.

(c) The Police Chief shall provide each masseur, masseuse, instructor, trainee, or other employee granted a permit with an identification card which shall contain the photograph and first name and permit number of such masseur, masseuse, instructor, or trainee. Such identification card shall be worn on the front of the outermost garment at all times during the hours of employment or training.

(1140-CS, Amended, 05/25/2010)

6-9-205 Employment of persons under the age of eighteen prohibited.

It shall be unlawful for any individual owner, managing partner, managing officer, or other person in charge of any massage establishment or school of massage to employ any person who is not at least eighteen (18) years of age.

6-9-206 Records of treatment.

(a) Every permittee of a massage establishment or school of massage shall keep a record of the date and hour of each treatment, the name and address of the patron, the name of the employee administering such treatment, and the type of treatment administered. Such records shall be maintained for a period of six (6) months.

(b) Such records shall be open for inspection by police officers and the Health Officer. The information furnished or secured as a result of any such inspection shall be confidential. No public officer or deputy officer or employee of the City shall in any manner reveal any such confidential information, except in a legal action to enforce the provisions of this chapter or pursuant to a court order.

(c) Any unauthorized disclosure or use of such information by an owner, operator, manager, permittee, or employee of a massage establishment or school of massage shall constitute a misdemeanor, and such person shall be subject to the penalty provisions of this Code in addition to any other penalties provided by law.

6-9-207 Service and rate signs.

Every permittee of a massage establishment or school of massage shall post a sign in a conspicuous place so that the sign may be readily seen by all persons entering the massage establishment or school of massage, printed in bold letters not less than one inch in height, listing the services available and the rates to be charged therefor. No service shall be performed, and no sum shall be charged for such service, other than those shown on the sign posted.

6-9-208 Inspection signs.

Every permittee of a massage establishment or school of massage shall post a sign in a conspicuous place so that the sign may be readily seen by all persons entering the massage establishment or school of massage, printed in bold letters not less than one inch in height, with the following thereon: “These premises are subject to inspection without notice by authorized officials of the City of Turlock.”

6-9-209 Inspections.

The Health Officer shall from time to time, but not less than twice each year, cause an inspection to be made of the premises of each massage establishment and school of massage in the City for the purpose of determining whether the provisions of this chapter are being complied with. The Health Officer may designate any County officer or employee as his representative to conduct such inspections or to assist therein.

6-9-210 Employment of persons without permits unlawful.

It shall be unlawful for any owner, operator, manager, or permittee in charge of or in control of a massage establishment or school of massage to employ any person who is not in possession of a valid, unrevoked permit or to allow such person to practice massage within a massage establishment or school of massage.

6-9-211 Time limits for filing applications for permits.

All persons who possess an outstanding business license issued prior to July 7, 1977, for the operation of a massage establishment or school of massage, and all persons who are operating a massage establishment or school of massage on July 7, 1977, and all employees thereof shall apply for and obtain a permit on or before October 5, 1977. Failure to do so and the continued operation of a massage establishment or school of massage or continued employment as a masseur, masseuse, instructor, trainee, or other employee of a massage establishment or school of massage without a permit shall constitute a violation of this chapter.

6-9-212 Exceptions.

This chapter shall not apply to:

(a) Hospitals, nursing homes, or sanitaria;

(b) Physicians, surgeons, osteopaths, chiropractors, or physical therapists who are duly licensed to practice their respective professions in the State, or persons working under the direction of any such persons in hospitals, nursing homes, or sanitaria;

(d) Barbers or cosmetologists when lawfully carrying out their particular profession or business and holding a valid, unrevoked license or certificate of registration issued by the State;

(e) Bona fide trainers or coaches of any amateur, semiprofessional, or professional athlete or athletic team and the facilities therefor;

(f) A bona fide nonprofit organization, as defined in TMC 6-9-102, and its employees and the facilities thereof;

(g) Persons who hold a valid MTO Certificate and who are practicing consistent with the qualifications established by such certificate; and

(h) Massage businesses or massage establishments as defined under paragraph (1) of subdivision (b) of Section 4612 of the California Business and Professions Code, except that such business or establishment shall not be exempt from this chapter to the extent Section 4612 expressly permits the regulation of such businesses or establishments by local ordinance.

(1140-CS, Amended, 05/25/2010)