Chapter 3.88
MASSAGE ESTABLISHMENTS AND TECHNICIANS
Sections:
3.88.010 Purpose and intent.
3.88.020 Definitions.
3.88.030 Massage establishment permit--Required--Information.
3.88.040 Massage establishment permit--Exemptions.
3.88.050 Massage establishment permit--Fee and investigation.
3.88.060 Massage establishment permit--Conditions precedent to issuance of license.
3.88.070 Massage establishment permit--Issuance or denial.
3.88.080 Massage establishment permit--Expiration.
3.88.090 Temporary massage establishment permit.
3.88.100 Sanitation requirements.
3.88.110 Inspection by city officials.
3.88.120 Massage establishment permit--Transferability.
3.88.130 Massage technician permit--Required--Application.
3.88.140 Massage technician permit--Application--Investigation and fee.
3.88.150 Massage technician permit--Issuance or denial.
3.88.160 Massage technician permit--Expiration.
3.88.170 Massage technician trainee permit.
3.88.180 Existing technicians.
3.88.190 Display of signs and permits.
3.88.200 Advertising and solicitation.
3.88.210 Notification of changes.
3.88.220 Massage technician permit--Suspension or revocation.
3.88.230 Massage establishment permit--Suspension or revocation.
3.88.240 Appeal.
3.88.250 Outcall massage service.
3.88.260 Violation and penalty.
3.88.010 Purpose and intent.
It is the purpose and intent of the city council that the operation of massage establishments and massage technicians as defined in this chapter should be regulated so as to further the public interest, safety and welfare by providing minimum building, sanitation and health standards for such establishments and providing minimum qualifications for massage technicians. (Ord. 2-73 §1, 1973).
3.88.020 Definitions.
For the purpose of this chapter, the following words and phrases shall mean or include:
A. “Advertise” includes, but not by way of limitation, the issuance of any card, sign or device to any person, the causing, permitting or allowing of any sign or marking on or in any building or structure, or in any newspaper, magazine or in any directory under a listing of massages or massage establishments.
B. “Business” includes, but not by way of limitation, everything about which a person can be employed, and means that which occupies the time, attention and labor of men and women for the purpose of producing a livelihood or profit, and connotes the efforts of men and women by varied and diverse methods of dealing with each other, to improve their individual economic conditions, and for the purposes of this chapter means the advertising and soliciting of massages.
C. “Health officer” means the health officer of the county of San Mateo or his authorized representative.
D. “Massage” means the method of treating the superficial parts of the human body for remedial or hygienic purposes by rubbing, pressing, stroking, kneading, tapping, pounding, vibrating or stimulating with the hands or any instrument.
E. “Massage establishment” means any establishment wherein massage is given, engaged in or carried on, or permitted to be given, engaged in or carried on.
F. “Massage technician” means any person who administers to another person, for any form of consideration, a bath, massage, manipulation of the body, electric vibration, magnetic stimulation or similar procedure.
G. “Massage technician trainee” means any person currently enrolled in a recognized school.
H. “Recognized school” means any school or institution of learning, which school or institution of learning has been approved pursuant to Section 29007.5 of the Education Code of the state of California, and which has for its purpose the teaching of a course consisting of seventy hours or more of the theory, ethics and practice, methods, profession or work of massage technicians, and which school or institution of learning requires a resident massage technician be furnished with a diploma or certificate of graduation from such school or institution of learning showing successful completion of such course of study approved by the California State Department of Education. Schools offering correspondence courses not requiring actual attendance at class, or courses of a massage technician not approved by the California State Department of Education are not recognized schools.
I. “Solicit” includes, but not by way of limitation, to make petition to, entreat, importune, to endeavor to obtain by asking or pleading, to insist upon, to plead for, to tempt a person or to lure on.
J. “Person” means any individual, copartnership, firm, association, corporation, joint venture or combination of individuals.
K. “Outcall massage service” means any business not licensed as a massage, bathing, health or other establishment under this chapter, in which the primary function of such business is to engage in or carry on massage treatments at a location designated by the customer or client and not at a fixed location. (Ord. 6-92 §1(part), 1992; Ord. 2-73 §2, 1973).
3.88.030 Massage establishment permit--Required--Information.
It is unlawful for any person to operate, engage in, conduct or carry on, or to permit to be operated, engaged in, conducted or carried on (as the owner or in any other capacity), in or upon any premises within the city, the business of a massage establishment as herein defined, unless a permit for the operation of said establishment has been issued by the city manager and remains in effect in conformity with the provisions of this chapter.
An application for a massage establishment permit shall be made upon a form provided by the city manager, if available, otherwise in the form of a letter, and shall set forth the exact nature of the services to be provided, the proposed place of business and facilities therefor, and the name and address of each applicant.
If the applicant is a corporation, the names and residence addresses of each of the officers and directors of said corporation and of each stockholder owning more than ten percent of the stock of the corporation shall be set forth. If the applicant is a partnership, the names and residence addresses of each of the partners, including limited partners, shall be set forth.
In addition to the foregoing, every applicant for such a permit shall furnish the following information (separate, individual application forms shall be submitted by each of the aforesaid directors or officers for corporate applicants, and by each such partner, in the case of partnership applicants):
A. The previous addresses of each applicant for the three years immediately prior to the applicant’s present address;
B. Written proof that the applicant is over the age of eighteen years;
C. Each applicant’s height, weight, color of eyes and hair, and sex;
D. Two portrait photographs of each applicant, at least two inches by two inches, taken within sixty days immediately prior to the date of filing of the application;
E. The business, occupation or employment of each applicant for the three years immediately preceding the date of the application;
F. The history of each applicant in the operation of a massage establishment or similar business or occupation, including, but not limited to, whether or not any such person, in previously operating in this or another city or state under a permit, has had such permit revoked or suspended and the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation;
G. All criminal convictions of each applicant, other than misdemeanor traffic violations, the nature of each offense and the punishment or penalty assessed therefor;
H. The name and address of each massage technician who is or will be employed in said establishment;
I. A certificate from a medical doctor stating that each applicant has, within thirty days immediately prior to filing his application herein, been examined and found to be free from any infectious, contagious, communicable disease or venereal disease;
J. Such other reasonable identification and information as may be required by the city manager necessary to discover the truth of the matters hereinbefore specified;
K. Applicant shall furnish a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage is taught, provided, however, that if the applicant will have no physical contact with his customers or clients he need not possess such diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage is taught. The diploma requirements are as follows:
1. A diploma or certificate of graduation from an approved school showing satisfactory completion of two hundred hours or more of nonrepetitive curriculum, or
2. A diploma or certificate of graduation from an approved school showing satisfactory completion of one hundred hours or more of nonrepetitive curriculum and a transcript or transcripts from a college or junior college or community college in the state of California, or a college or junior college or community college from which the courses listed would be State University and college system, showing completion within the last ten years, with a passing grade or better, of at least eight quarter units or six semester units of courses in health theory, health care, anatomy, physiology, psychology, biomechanics or kinesiatrics;
L. That the applicant has successfully completed both a written test and a practical performance examination administered through the city wherein the applicant has been required to demonstrate a basic knowledge of anatomy, physiology, hygiene and massage;
M. Nothing herein contained shall be construed to deny to the investigating official the right to take the fingerprints and additional photographs of the applicant. (Ord. 6-92 §1(part), 1992; Ord. 2-73 §3, 1973).
3.88.040 Message establishment permit--Exemptions.
The permits required by this chapter shall not apply to hospitals, nursing homes, sanitaria, persons holding an unrevoked certificate to practice the healing arts under the laws of the state or persons working under the direction of any such persons or in any of such establishments. (Ord. 2-73 §4, 1973).
3.88.050 Massage establishment permit--Fee and investigation.
All applications for an initial massage establishment permit or a temporary massage establishment permit shall be accompanied by an investigation fee, no part of which shall be refundable. A fee shall be set by the city council, by resolution, to cover the services performed by the police department. Upon receipt of said application, the city manager shall refer the application to the building department, the fire district, the police department, health officer, and the city planning department, each of which within a period of thirty days from the date of filing the application shall inspect the premises proposed to be used as a massage establishment and shall make a written recommendation to the city manager concerning compliance with the respective requirements. (Ord. 4-92 §1(a), 1992; Ord. 2-73 §5, 1973).
3.88.060 Massage establishment permit--Conditions precedent to issuance of license.
The information required for a permit by Section 3.88.030 to operate, engage in, conduct or carry on or to permit to be operated, engaged in, conducted or carried on (as the owner or in any other capacity), in or upon any premises within the city, the business of a massage establishment as herein defined, shall be furnished to the city manager in conjunction with the application for a business license for engaging in, conducting or carrying on the business of massage required by the business license ordinance. The investigation by the building department, the fire district, the police department, the health officer, and the city planning department, and the issuance of a massage establishment permit shall be necessary conditions precedent to the granting of such a business license. After the investigation is made and a massage establishment permit has been issued, a business license for such business shall be issued by the city, upon the payment of the license fee therefor and in conformity with applicable ordinances of the city as now or hereafter may be in force and effect. (Ord. 2-73 §6, 1973).
3.88.070 Massage establishment permit--Issuance or denial.
A. The city manager shall issue such permit if upon investigation and the reports filed it is found:
1. That the operation as proposed by the applicant, if permitted, would comply with all applicable laws, including, but not limited to the city’s building, zoning and health regulations;
2. The applicant has not been convicted in a court of competent jurisdiction of:
a. An offense involving lewd conduct or an offense involving the use of force and violence upon the person of another, or
b. A crime requiring registration pursuant to Section 290 of the California Penal Code, or of any violation of Sections 311 through 311.7, Sections 314, 315, 316, 318, or Section 647(a), (b) or (d) of the Penal Code;
3. That the applicant has not knowingly and with intent to deceive made any false, misleading or fraudulent statement of facts in the permit application or any other document required by the city in conjunction therewith;
4. The applicant, including applicant as a member of a corporation or partnership, or a former employer of the applicant while so employed, has never been subjected to an abatement proceeding under Sections 11225 through 11325 (Red Light Abatement Act) of the California Penal Code or any similar provisions of law in a jurisdiction outside the state of California;
5. The applicant has not had any massage establishment, massage technician license or permit, which was issued within the state of California, revoked; or
6. That the applicant possesses the educational requirements set forth in this chapter.
B. Otherwise said permit shall be denied. In the event of denial, notification of and the reasons for denial shall be set forth in writing and shall be sent to the applicant by means of registered or certified mail or delivered in person. (Ord. 6-92 §1(part), 1992; Ord. 2-73 §7, 1973).
3.88.080 Massage establishment permit--Expiration.
Each massage establishment permit issued pursuant to this chapter shall expire on the first anniversary of its issuance, unless sooner revoked, an unrevoked permit may be renewed on a year to year basis on written application to the city manager made at least thirty days before its expiration date. Said application shall include all changes in and updating of information previously furnished under Section 3.88.030. Each renewal application shall be accompanied by a current investigation fee, no part of which shall be refundable. A fee shall be set by the city council, by resolution, to cover the services performed by the police department. (Ord. 4-92 §1(b), 1992; Ord. 2-73 §8, 1973).
3.88.090 Temporary massage establishment permit.
Upon request by an applicant, the city manager shall be authorized to issue a temporary massage establishment permit to any applicant who is the owner or operator of such an establishment in operation in the city upon the effective date of this chapter, pending review and investigation of the application submitted herein. Such temporary permit shall remain in effect for a period of thirty days or until issuance of the permit applied for, unless said permit has been denied for any of the reasons set forth in Section 3.88.070, in which event said temporary permit shall be of no further force and effect. (Ord. 2-73 §9, 1973).
3.88.100 Sanitation requirements.
A. All premises used by permittees hereunder shall be subject to periodic inspection by the city for safety of the structure and adequacy of plumbing, ventilation, heating and sanitation. One artificial white light of not less than forty watts shall be provided in each room where massage is being administered. The walls shall be clean and painted with an approved washable mold resistant paint in all rooms where water or steam baths are given. Floors shall be free from any accumulation of dust, dirt or refuse. All equipment used in the massage operation shall be maintained in a clean and sanitary condition. Separate restrooms shall be provided for men and women.
B. Towels, sheets, clothes and linens of all types, and items for personal use of operators and patrons shall be clean and freshly laundered and shall not be used for more than one person. Re-use of such items is prohibited unless the same has first been laundered. Such items shall not be laundered or dried in any massage establishment unless such establishment is provided with approved laundry facilities for such laundering and drying. Heavy white paper may be substituted for sheets provided that such paper is used once for every person and then discarded into a sanitary receptacle.
C. Dressing and locker facilities shall be provided for patrons. Security deposit facilities for the protection of the valuables of the patrons shall also be available. (Ord. 2-73 §10, 1973).
3.88.110 Inspection by city officials.
The investigating officials of the city, including the health officer, shall have the right to enter the premises from time to time during regular business hours for the purpose of making reasonable inspections to enforce compliance with building, fire, electrical, plumbing or health regulations. In the event an applicant for either a massage establishment permit or a massage technician’s permit has an infectious, contagious, communicable or venereal disease, or if the applicant is in violation of any federal, state or local health law or regulation, the application may be denied. In the event a permit has been issued, it may be revoked or suspended in the manner hereinafter set forth in this chapter. (Ord. 2-73 §11, 1973).
3.88.120 Massage establishment permit--Transferability.
No massage establishment permit shall be transferable except with the written approval of the city manager. A written application for such a transfer shall be made to the city manager and shall be accompanied by a filing and investigation fee, no part of which shall be refundable. A fee shall be set by the city council, by resolution, to cover the services performed by the police department. The application for such transfer shall contain the same information as required herein for an initial application for a permit as set forth in Section 3.88.030. In the event of denial of such transfer, notification of and reasons for denial shall be set forth in writing and shall be sent to the applicant by means of registered or certified mail or delivered in person. (Ord. 4-92 §1(c), 1992; Ord. 2-73 §12, 1973).
3.88.130 Massage technician permit--Required--Application.
It is unlawful for any person, including those persons issued a massage establishment permit pursuant to Sections 3.88.030 through 3.88.120, inclusive, to practice massage as a principal, an employee, agent or otherwise within the city, unless such person has been issued a massage technician permit by the city manager and such permit remains in effect in conformity with the provisions of this chapter.
The application shall be made upon a form provided by the city manager and shall set forth the following information:
A. The applicant’s full name, residential address and residence telephone number;
B. The name and address of the massage establishment where the applicant is to be employed and the name of the owner of same;
C. The names and addresses of any and all previous establishments where the applicant has been employed as a massage technician;
D. All criminal convictions, if any, other than misdemeanor traffic violations, of the applicant, the nature of each offense and the punishment or penalty assessed therefor;
E. Whether any permit to engage in the practice of massage as a massage technician or otherwise has previously been denied the applicant or revoked and, if so, the circumstances of such denial or revocation;
F. A portrait photograph of the applicant at least two inches by two inches, taken within sixty days prior to the date of filing of the application, together with a complete set of such person’s fingerprints which shall be taken by the chief of police or his designee;
G. Written proof that the applicant is over the age of eighteen years;
H. A certificate from a medical doctor stating that the applicant has, within thirty days immediately prior to filing his application herein, been examined and found to be free from any infectious, contagious, communicable disease or venereal disease;
I. The applicant shall furnish:
1. Evidence of receipt of a diploma or certificate of graduation from a recognized school wherein the method, profession and work of massage techniques are taught, or
2. Written proof of the applicant’s having had at least one year’s experience in the profession, work and method of massage as herein defined as of March 8, 1973. (This alternative is available only to those applicants who have had at least one year’s experience in the practice, work and method of massage as herein defined and who were engaged in the practice of massage in the city on March 8, 1973.) (Ord. 2-73 §13, 1973).
3.88.140 Massage technician permit--Application--Investigation and fee.
All applications for an initial massage technician permit or a massage technician trainee permit shall be accompanied by an investigation fee, no part of which shall be refundable. A fee shall be set by the city council, by resolution, to cover the services performed by the police department. Upon receipt of said application, the city manager shall refer the application to the police department, which, within a period of thirty days from the date of filing such application, shall make an investigation and submit a written recommendation thereon to the city manager concerning compliance with the respective requirements. (Ord. 4-92 §1(d), 1992; Ord. 2-73 §14, 1973).
3.88.150 Massage technician permit--Issuance or denial.
The city manager shall issue such permit if the information and findings as contained in Sections 3.88.030 and 3.88.070 can be made. (Ord. 6-93 §1(part), 1992).
3.88.160 Massage technician permit--Expiration.
Each massage technician permit issued pursuant to this chapter shall expire on the first anniversary of its issuance, unless sooner revoked. An unrevoked permit may be renewed on a year to year basis on written application to the city manager made at least thirty days before its expiration date. Said application shall include all changes in and updating of information previously furnished under Section 3.88.130. Each application shall be accompanied by a current investigation fee, no part of which is refundable. A fee shall be set by the city council, by resolution, to cover the services performed by the police department. (Ord. 4-92 §1(e), 1992; Ord. 2-73 §16, 1973).
3.88.170 Massage technician trainee permit.
Any person currently enrolled in a recognized school may apply for a massage technician trainee permit which shall be a temporary permit. In addition to the payment of the investigation fee required by Section 3.88.140 and the information required under Section 3.88.130, the applicant shall submit a letter signed by the director or administrator of the applicant’s recognized school showing the date the applicant was officially enrolled and the estimated date the applicant will graduate.
The applicant shall also submit a letter signed by the owner or operator of a massage establishment, stating his willingness to employ the applicant to do massage as a massage technician trainee, working under his direct supervision and control, during the time the applicant is completing the course of study as a massage technician.
The massage technician trainee permit shall expire ninety days from the date issued and is not renewable, except in the case of sickness or accident causing delay of such massage training. The applicant is expected to complete his massage technician course of study during the ninety day period the permit is valid. The trainee shall, at all times, comply with all laws and ordinances in effect and the failure to so comply may render the applicant ineligible to obtain a massage technician’s permit. Upon presentation of a copy of his diploma or certificate of graduation from a recognized school, the trainee will be issued the regular massage technician permit. (Ord. 2-73 §17, 1973).
3.88.180 Existing technicians.
All persons engaged in or giving massage in the city upon the effective date of this chapter who cannot qualify for a massage technician permit shall have a period of thirty days within which to qualify as a massage technician trainee and obtain a massage technician trainee permit by making application therefor, paying the investigation fee and then complying with the provisions of Section 3.88.170. (Ord. 2-73 §18, 1973).
3.88.190 Display of signs and permits.
A. A recognizable and legible sign shall be posted at the main entrance of each massage establishment identifying the establishment as such establishment.
B. The owner or operator of such massage establishment shall display the massage establishment permit issued and the permit of each and every massage technician or massage technician trainee employed in the establishment in an accessible and conspicuous place on the premises. (Ord. 2-73 §19, 1973).
3.88.200 Advertising and solicitation.
A. It is unlawful for any person to advertise, within the city, for the promotion of a massage establishment, unless such person holds a valid license as required by Section 3.88.030.
B. It is unlawful for any person to solicit, within the city, for a massage, unless such person holds a valid license as required by Section 3.88.030. (Ord. 2-73 §20, 1973).
3.88.210 Notification of changes.
Every massage establishment owner or operator shall report immediately to the city manager any and all changes of address or ownership of the massage establishment, and any changes or transfers of massage technicians or massage technician trainees employed by him in the business or practice. (Ord. 2-73 §21, 1973).
3.88.220 Massage technician permit--Suspension or revocation.
Any massage technician’s permit issued under this chapter shall be subject to suspension or revocation by the city manager for violation of any provision of this chapter or for any grounds that would warrant the denial of the issuance of such permit in the first instance.
Prior to the suspension or revocation of any permit issued under this chapter, the permittee shall be entitled to a hearing held before the city manager or his designated representative, at which time evidence will be received for the purpose of determining whether or not such permit shall be suspended or revoked or whether the permit may be retained. In the event the permit is suspended or revoked, the notification of and reasons for such suspension or revocation shall be set forth in writing and sent to the permittee by means of registered or certified mail or delivered in person. (Ord. 2-73 §22, 1973).
3.88.230 Massage establishment permit--Suspension or revocation.
Any massage establishment permit issued under this chapter shall be subject to suspension or revocation by the city manager for violation of, or for causing or permitting violation by such establishment’s employees of, any provision of this chapter or for any grounds that would warrant the denial of the issuance of such permit in the first instance.
Prior to the suspension or revocation of any permit issued under this chapter, the permittee is entitled to a hearing held before the city manager or his designated representative, at which time evidence will be received for the purpose of determining whether or not such permit shall be suspended or revoked or whether the permit may be retained. In the event the permit is suspended or revoked, the notification of and reasons for such suspension or revocation shall be set forth in writing and sent to the permittee by means of registered or certified mail or delivered in person. (Ord. 2-73 §23, 1973).
3.88.240 Appeal.
Any decision of the city manager to deny, suspend or revoke a permit pursuant to this chapter may be appealed to the city council in accordance with the requirements of Chapter 1.25. (Ord. C-7-08 §4, 2008: Ord. 2-73 §24, 1973).
3.88.250 Outcall massage service.
Any person granted a permit pursuant to this chapter who provides outcall massage service at any hotel or motel, shall first notify the owner or manager of the hotel or motel that such permittee intends to provide a massage service to a person or persons at the hotel or motel, and shall identify such person(s), and shall give the owner or manager the permittee’s permit number. (Ord. 6-92 §1(part), 1992).
3.88.260 Violation and penalty.
A. Every person, except those persons who are specifically exempted by this chapter, whether acting as an individual owner, employee of the owner, operator or employee of the operator, or whether acting as a mere helper for the owner, employee or operator, or acting as a massage, bathing or health establishment or who in conjunction with the establishment gives or administers, or practices the giving or administering of massages or baths as defined in this chapter without first obtaining a permit and paying the fee so to do from the city or shall violate any provisions of this chapter is guilty of a misdemeanor.
B. Any owner, operator, manager or permittee in charge or in control of a massage, bathing or health establishment who knowingly employs a person performing as a massage technician or trainee as defined in this chapter, who is not in possession of a valid, unrevoked permit, or who allows such a massage technician to perform, operate or practice within such a place of business without a valid, unrevoked permit is guilty of a misdemeanor. (Ord. 6-92 §1(part), 1992).