Chapter 4.33
MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS
Sections:
Article I. General Provisions
4.33.005 Definitions.
4.33.010 Exemptions.
4.33.015 Employment of minors.
4.33.020 Schools of massage.
4.33.025 Application of this chapter to persons engaged in massage as of the effective date of the ordinance codified in this chapter.
4.33.030 Minimum qualifications – Massage managers.
4.33.035 Minimum educational requirements – Massage technicians.
4.33.040 Employment of massage technicians.
Article II. Licenses and Permits
4.33.100 Massage establishment – General and special business licenses required.
4.33.105 Massage technicians – Permit required.
4.33.110 Massage technician permit – Application filing.
4.33.115 Massage technician permit – Contents of application.
4.33.120 Massage technician – Investigation.
4.33.125 Massage technician permit – Issuance.
4.33.130 Massage technician permits – Transferability.
4.33.135 Massage technician permits – Renewal.
4.33.140 Massage technician permits – Revocation.
Article III. Operation of Business and Conditions of Facilities
4.33.200 Hours of operation.
4.33.205 Alcoholic beverages.
4.33.210 Display of license and massage technician permits.
4.33.215 Massage establishments – Sanitation requirements.
4.33.220 Massage technician – Sanitation and decency requirements.
4.33.225 Personnel registers.
4.33.230 List of services.
4.33.235 Prohibition against warning devices.
4.33.240 Prohibition against locked areas for massage services.
Article I. General Provisions
4.33.005 Definitions.
Unless the provisions or the content otherwise requires, the definitions set forth in this section govern the construction of this chapter.
“Massage” or “massage therapy” means any method of pressure or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external surfaces of the body with hands or with any object or appliance.
“Massage establishment” means an establishment whose primary business is the offering of massage in exchange for pecuniary compensation, consideration, hire or reward.
“Massage technician” or “massage therapist” means any person who, for pecuniary compensation, consideration, hire or reward, engages in the practice of massage. Unless otherwise specified, “massage technician” shall include persons certified by the Massage Therapy Organization under Business and Professions Code section 4601(c) as massage therapists, and persons certified under Business and Professions Code section 4601(b) as massage practitioners.
“Massage technician permit” means a permit issued by the city of Rancho Cordova authorizing a person to engage in the business of massage therapy within the city. Massage technician permits are separate and distinct from general and special business licenses.
“Massage Therapy Organization” or “MTO” means the nonprofit organization created pursuant to Business and Professions Code section 4600 et seq., which has the authority to issue certificates to massage therapists and massage practitioners.
“Mobile massage service” means any business, not licensed as a massage establishment under the provisions of this chapter, wherein the primary function of such business is to engage in or carry on massage for pecuniary compensation, consideration, hire or reward not at a fixed location, but at a location designated by the customer or client.
“Recognized school of massage” means a school recognized by the state of California which: (1) teaches the theory, ethics, practice, profession and work of massage; and (2) requires a residence course of study to be given before the student is furnished with a diploma or certificate of learning or completion; and (3) meets the minimum standards for training and curriculum in massage and related subjects and that either was recognized by the California Department of Consumer Affairs Bureau for private post-secondary and vocational education pursuant to Section 94931 of the Education Code prior to July 1, 2007, or is recognized by the Bureau, by an institution accredited by the senior commission or the junior commission of the Western Association of Schools and Colleges, by a college or university of the state higher education system as defined in Section 100850 of the Education Code, or by a school of equal or greater training that is approved by the corresponding agency in another state. A “recognized school of massage,” as that term is used above, shall not include a school or institution of learning offering or allowing correspondence course credit not requiring actual attendance at class.
“Special business license” means the business license issued to the massage establishment pursuant to Chapter 4.10 RCMC, authorizing the massage establishment to offer massage services on its premises.
“State-issued certificate” means the certificate, or conditional certificate, issued by the state of California pursuant to California Business and Professions Code section 4600 et seq. [Ord. 9-2009 § 1].
4.33.010 Exemptions.
The provisions of this chapter shall not be applicable to, or include, the following:
A. Hospitals, nursing homes, sanitariums, or persons working in any such establishments;
B. Persons holding an unrevoked certificate to practice the healing arts under the laws of the state of California or persons working under the direction of any such persons;
C. Barbers or cosmetologists lawfully carrying out their particular occupation or business and holding a valid, unrevoked license or certificate of registration issued by the state of California; however, any massage therapist engaged in massage at such an establishment shall be required to obtain a massage therapist permit unless he/she has a state-issued certificate;
D. Athletic clubs or fitness facilities, where such facility is designed and equipped for indoor sports, exercise, or physical education, shall not be required to obtain a general business license and special business license for massage purposes; however, any massage therapist engaged in massage at such establishment shall be required to obtain a massage technician permit unless he/she has a state-issued certificate;
E. Trainers of any amateur, semi-professional or professional athlete or athletic team;
F. Physicians, surgeons, nurses, chiropractors, osteopaths, acupuncturists, naturopathic doctors and physical therapists who are duly licensed to practice their respective professions in the state, and massage therapists working under the direct supervision of such duly licensed physicians, surgeons, chiropractors, osteopaths, acupuncturists, naturopathic doctors and physical therapists;
G. Reflexologist performing reflexology; however, any reflexologist engaged in massage shall be required to obtain a massage therapist permit; and
H. A recognized school of massage, as defined by RCMC 4.33.005. [Ord. 9-2009 § 1].
4.33.015 Employment of minors.
It shall be unlawful for the operator, or any other person in charge of a massage establishment, to employ or retain any person who is under the age of 18 years to perform any service on the premises of the establishment. [Ord. 9-2009 § 1].
4.33.020 Schools of massage.
No massage establishment shall use the facilities or premises of such a recognized school of massage in connection with the operations of the massage establishment. Students in training at a recognized school of massage, as defined by RCMC 4.33.005, may perform massage on a member of the general public while on the premises of the school of massage in compliance with the following requirements:
A. The student performs the massage only under the direct personal supervision of an instructor certified by the California Department of Consumer Affairs Bureau for post-secondary and vocational education, a state-approved educational facility, an approved national massage organization or association, or similar organization; and
B. Massage is performed in compliance with this chapter. [Ord. 9-2009 § 1].
4.33.025 Application of this chapter to persons engaged in massage as of the effective date of the ordinance codified in this chapter.
A. This chapter shall apply to all persons engaged in massage prior to the effective date of the ordinance codified in this chapter, to all persons employed as massage technicians prior to the effective date of the ordinance codified in this chapter and to all new applications for massage establishment special business licenses or massage technician permits.
B. All persons holding a valid and unexpired massage technician permit from the city at the time of adoption of Ordinance No. 9-2009:
1. Shall provide proof of compliance with the educational requirements and all other requirements of this chapter when applying for renewal of his/her massage technician permit occurring on or after January 1, 2011;
2. All terms and conditions of this chapter, besides the educational requirement, shall apply to all massage technicians and establishments in the jurisdiction, regardless of his/her or the establishment’s date of licensing; and
3. Such persons holding a valid and unexpired massage technician permit must provide proof of compliance with this chapter to the finance director as part of the application for renewal of his/her massage technician permit. Failure to do so shall make the continued operation of such business or continued employment of a massage technician unlawful, and a violation of this chapter. [Ord. 9-2009 § 1].
4.33.030 Minimum qualifications – Massage managers.
Each massage establishment and mobile massage service shall be managed by a person who possesses a valid, unrevoked massage technician permit or state-issued certificate.
A massage establishment and service shall not be deemed managed as required by this section unless a person possessing the required massage technician permit or state-issued certificate, having the authority and responsibility to supervise personnel employed or retained to perform services and to supervise the delivery of services, is on the premises of the establishment not less than 75 percent of the time the business is open for the delivery of services. [Ord. 9-2009 § 1].
4.33.035 Minimum educational requirements – Massage technicians.
An applicant for a massage technician permit shall possess the following minimum educational qualifications: a diploma or certificate of graduation from a recognized school of massage evidencing that the person has completed not less than 200 hours of instruction at a recognized school of massage, as defined by RCMC 4.33.005. Transcripts or certificates of graduation from more than one recognized school of massage, as defined by RCMC 4.33.005, may be combined to meet the educational requirements of this section. [Ord. 9-2009 § 1].
4.33.040 Employment of massage technicians.
It shall be unlawful for any massage establishment and mobile massage service to employ or retain a person to provide services as a massage technician, and unlawful for any person to work for such an establishment or service, unless the person possesses a valid, unexpired and unrevoked massage technician permit issued pursuant to this chapter or has a valid and unexpired state-issued certificate. [Ord. 9-2009 § 1].
Article II. Licenses and Permits
4.33.100 Massage establishment – General and special business licenses required.
A. It shall be unlawful for any person to operate, engage in, conduct or allow the operation of a massage establishment unless under and by authority of a valid, unexpired and unrevoked general business license issued pursuant to Chapter 4.06 RCMC and special business license issued pursuant to Chapter 4.10 RCMC.
B. Pursuant to state law, massage establishments that only employ or use persons with state-issued certificates shall also be required to obtain a general business license issued pursuant to Chapter 4.06 RCMC and special business license pursuant to the provisions of Chapter 4.10 RCMC.
C. An applicant for a special business license to operate a massage establishment that will only employ or use persons with state-issued certificates shall provide copies of the state-issued certificate for each person the establishment will employ or use to provide massage services. Copies of the certificate shall be provided to the finance director of the city. The holder of the special business license for the massage establishment shall have a continuous duty to provide copies of the state-issued certificate for each new state certificate holder that the massage establishment employs or uses to provide massage services. The requirement to file copies of the state-issued certificates shall not eliminate the requirement to maintain evidence on the premises of the massage establishment that the massage technicians employed by the establishment are certified by the state. [Ord. 9-2009 § 1].
4.33.105 Massage technicians – Permit required.
It shall be unlawful for any person to act as a massage technician unless: (A) under and by authority of a valid, unexpired and unrevoked massage technician permit, issued pursuant to this chapter; or (B) under and by authority of a valid, unexpired state-issued certificate. Massage technicians that have received and hold a valid and unexpired state-issued certificate shall not be required to obtain a city massage technician permit, provided the state-issued certificate remains valid and current for the duration of their practice. [Ord. 9-2009 § 1].
4.33.110 Massage technician permit – Application filing.
Applications for a massage technician permit shall be filed in the office of the finance director. The finance director shall receive any fee required for the application, assure that the application is complete, and refer the application to the police department for processing, investigation, review and action. [Ord. 9-2009 § 1].
4.33.115 Massage technician permit – Contents of application.
An application for a massage technician permit shall be filed on a form and contain such information as required by the police department, including, at a minimum, the following:
A. The name and current residential address of the applicant;
B. The name and address of the business which has retained the services of the applicant for which the permit is required;
C. A list of each conviction of the applicant, plea of guilty, or plea of nolo contendere. The list shall, for each such conviction, set forth the date of arrest, the offense charged and the offense of which the applicant was convicted;
D. Proof of the age of the applicant;
E. The name and address of each recognized school of massage attended or provider of instructional services in massage which has been received, the name and address of the school or provider, the dates of attendance or receipt of instruction, and a copy of any certificate or diploma or other evidence of completion which the applicant has received; and
F. Two identical passport photos. [Ord. 9-2009 § 1].
4.33.120 Massage technician – Investigation.
The police department shall conduct such investigation of the background of the applicant for a massage technician permit as is necessary in order to determine whether the minimum qualifications which have been prescribed are satisfied and as otherwise deemed appropriate. Such investigation shall include the fingerprinting and photographing of the applicant. The applicant shall be responsible for paying any fees associated with the application processing or investigation. [Ord. 9-2009 § 1].
4.33.125 Massage technician permit – Issuance.
A. Upon receipt of an application for a massage technician permit to act as a manager of a massage establishment or a massage technician, the chief of police shall conduct such investigation pursuant to RCMC 4.33.120 as is deemed necessary and the application shall be processed in compliance with RCMC 4.10.090. The chief of police shall issue the permit unless he or she finds, pursuant to RCMC 4.10.090, any of the following:
1. That the application fails to contain information required by the chief of police or RCMC 4.33.115, or is otherwise incomplete;
2. That information contained in the application is false or otherwise inaccurate;
3. That the applicant has been convicted of a crime and the time for appeal has elapsed, or when an order granting probation is made suspending the imposition of sentence, irrespective of the entry of a subsequent order under Section 1203.4 of the California Penal Code; or has done any act involving dishonesty, fraud or deceit with intent to substantially benefit him or herself, or another, or substantially injure another; and the chief of police concludes that by reason of the crime or act the applicant would not perform his or her duties as a manager, and/or massage technician in a law-abiding manner or in a manner which does not subject patrons to risk of harm or criminal, deceitful or otherwise unethical practices;
4. That the applicant is under 18 years of age; or
5. That the applicant does not meet the educational requirements set forth in RCMC 4.33.035.
B. Notwithstanding the foregoing, an application shall not be denied solely on the basis that a person has been convicted of a felony if the person has obtained a certificate of rehabilitation under Section 4852.01 et seq. of the California Penal Code, or that the person has been convicted of a misdemeanor if the person has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person when considering the denial of a license under Section 482(a) of the California Business and Professions Code. [Ord. 9-2009 § 1].
4.33.130 Massage technician permits – Transferability.
A massage technician permit shall not be transferable or assignable from one person to another. The permit shall contain such information as the police department requires, including the permit holder’s name and address, the name and address of the enterprise or enterprises retaining his or her services for which the permit is issued, the expiration date of the permit, a physical description of the permit holder and a picture of the permit holder. [Ord. 9-2009 § 1].
4.33.135 Massage technician permits – Renewal.
Applications for renewal shall be filed, processed and permits issued in the manner and pursuant to the standards and procedures prescribed by RCMC 4.10.075 through 4.10.090. [Ord. 9-2009 § 1].
4.33.140 Massage technician permits – Revocation.
A. A massage technician permit may be revoked or suspended pursuant to RCMC 4.10.140 upon any of the following grounds:
1. Violation of any of the duties, requirements or prohibitions contained in this chapter;
2. Violation of any of the duties, requirements or prohibitions set forth in any administrative regulations issued pursuant to RCMC 4.02.085;
3. Misrepresentation of a material fact contained in the application for the massage technician permit; or
4. That since issuance or renewal of the massage technician permit the chief of police has acquired information supporting the determination the massage technician permittee is not qualified to have a massage technician permit because he/she has not met the education requirements contained in RCMC 4.33.035.
B. Revocation of massage technician permits shall be in accordance with the provisions related to employee permits set forth in Chapter 4.10 RCMC. [Ord. 9-2009 § 1].
Article III. Operation of Business and Conditions of Facilities
4.33.200 Hours of operation.
It shall be unlawful for any massage establishment to be operated or remain open for business between the hours of 10:00 p.m. and 8:00 a.m. of the following day. [Ord. 9-2009 § 1].
4.33.205 Alcoholic beverages.
It is unlawful for any person to sell, give, dispense, provide or keep, or cause to be sold, given, dispensed, provided or kept, any alcoholic beverage, as defined by California Business and Professions Code Section 23004, on the premises of any massage establishment or in conjunction with any massage business. [Ord. 9-2009 § 1].
4.33.210 Display of license and massage technician permits.
A. Each massage establishment shall display the special business license in a conspicuous place within the establishment so that the same may be readily seen by persons entering the premises.
B. Each massage establishment shall display the massage technician permit or state-issued certificate issued to each individual employed by or performing massage at the establishment.
C. A person engaged in a mobile massage service shall have the license available for inspection at all times while providing mobile massage services. [Ord. 9-2009 § 1].
4.33.215 Massage establishments – Sanitation requirements.
Massage establishments shall at all times be equipped with an adequate supply of clean sanitary towels, coverings and linens. Towels, coverings and linens shall not be used on more than one patron unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one patron. Soiled linens and paper towels shall be deposited in approved receptacles. Within massage establishments, wet and dry heat rooms, steam or vapor rooms or cabinets, shower rooms and compartments, toilet rooms and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the health officer. Bathtubs shall be thoroughly cleaned after each use with a disinfectant approved by the health officer. All walls, ceilings, floors and other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Instruments for massage shall not be used on more than one patron unless they are sterilized before each use by sterilization methods approved by the health officer. [Ord. 9-2009 § 1].
4.33.220 Massage technician – Sanitation and decency requirements.
While performing any massage services, massage technicians shall wear garments which cover the entire body, exclusive of the head, neck, arms, legs, hands and feet. The massage technician must be fully covered from a point of not more than four inches above the center of the kneecap to the base of the neck, excluding the arms. Such garments shall not be transparent and shall be maintained in a clean and sanitary condition. [Ord. 9-2009 § 1].
4.33.225 Personnel registers.
Operators of massage establishments shall maintain personnel registers, which shall contain the names, massage technician numbers, and state certificate numbers of each person employed or retained to perform massage on the premises. [Ord. 9-2009 § 1].
4.33.230 List of services.
A list of the services available and the price of such services shall be posted in an open and clearly visible place on the premises of the massage establishment. The services available shall be described in readily understandable language. No massage establishment or massage therapist shall render or provide, or offer to render or provide, any service other than those posted. [Ord. 9-2009 § 1].
4.33.235 Prohibition against warning devices.
The presence of any device which can be utilized as an early warning system to alert the employees or operator of a massage establishment to the presence of any law enforcement or local authorities on the premises is prohibited in any massage establishment. Such prohibited devices include, but are not limited to, light or music dimmers, electronic detection devices, external or internal video equipment and alarm systems other than those used for fire alarms or with alarm companies. [Ord. 9-2009 § 1].
4.33.240 Prohibition against locked areas for massage services.
Massages may not be carried on within any separate cubicle, room, booth or area within a massage establishment which is fitted with a door capable of being locked. Additionally, all reception and hallway doors must remain unlocked during business hours. The prohibition against locks on the door shall not apply to sole proprietorships where the massage therapist has a state-issued certificate, or to massage establishments that only employ massage therapists with state-issued certificates. [Ord. 9-2009 § 1].