CHAPTER 10A
MASSAGE PARLORS

Article I. In General.

10A.1 Policy.

It is hereby declared that the business of operating massage establishments as defined herein is a business affecting the public health, safety, and general welfare. (Ord. No. 74-26, § 2.)

10A.2 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Massage. A method of procedure upon the external parts of the body consisting of rubbing, stroking, kneading or tapping with the hand or any instrument.

Massage establishment. A fixed place of business where any persons, association or corporation engages in or conducts or permits to be engaged in or conducted any business of giving Turkish, Russian, Swedish, vapor, sweat, electric, salt or any other kind of character of baths where alcohol rub, fomentation, bath or electric massage procedure, manipulation of the body or similar procedures are given.

Massage therapist. Any person who administers to another person, for any form of consideration having monetary value, a massage, alcohol rub, fomentation, bath or electric massage procedure, manipulation of the body or other similar procedure. (Ord. No. 74-26, § 3; Ord. No. 96-4, § 1.)

10A.3 Applicability.

The provisions of this chapter shall not be construed as applying to any physician, surgeon, chiropractor, osteopath or any nurse or technician working under the supervision of a physician, surgeon, chiropractor or osteopath licensed to practice their respective professions in the state; nor shall it apply to any treatment administered in good faith in the course of the practice of any healing art or professions by any person licensed to practice such art or profession under the Business and Professions Code of the state. (Ord. No. 74-26, § 5.)

10A.4 Regulations generally.

All massage establishments shall comply with the following requirements:

(a) Lighting shall be provided in accordance with the building laws and, in addition, at least one artificial light of not less than forty watts shall be provided in each room or enclosure where massage services are performed on patrons;

(b) Ventilation shall be provided for each enclosure of room;

(d) Closed cabinets shall be utilized for the storage of clean linen;

(e) Dressing areas, and toilet facilities shall be provided for patrons. Lockers shall be provided whenever patrons are required to undress or disrobe. Male and female patrons shall not be served simultaneously in the same room. Male and female patrons shall not simultaneously use massage rooms, dressing areas, lockers and toilet facilities.

(f) The inside of doors to individual massage rooms or enclosures shall not be fitted with locks or any device intended to prevent the opening of such doors. Doors of individual massage rooms shall not be locked at any time during a massage therapy session.

(g) All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and other physical facilities must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms or steam or vapor cabinets, shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use;

(h) Clean and sanitary towels and linens shall be provided for each patron of the establishment. No common use of towels or linens shall be permitted;

(i) Compliance with all applicable laws, including but not limited to, labor and health and safety laws, building codes, ordinances, rules and regulations. (Ord. No. 96-4, § 3.)

10A.5 Records of treatment.

Every person, association or corporation operating a massage establishment under the provisions of this chapter shall maintain a record of the date and hour of each treatment, the name and address of the patron, and the name of the therapist administering such treatment. Such records shall be completed by an employee of the establishment in a legible manner, and shall be maintained on the premises of the massage establishment. Such records shall be open to inspection by officials charged with the enforcement of these provisions for the purpose of law enforcement and for no other purpose. The information furnished or secured as a result of any such inspection shall be confidential. Such records shall be maintained for a period of two years. (Ord. No. 74-26, § 7; Ord. No. 89-11, § 2; Ord. No. 96-4, § 2.)

10A.6 Display of list of services and charges.

Every holder of a permit for a massage establishment shall cause to be displayed in a conspicuous place, readily seen by persons entering the premises, a list of services and the cost of such services provided by the establishment. Any services rendered, which are not so listed, may be grounds for revocation or suspension of the massage establishment permit or the massage therapists’ permit. (Ord. No. 74-26, § 9; Ord. No. 96-4, § 2.)

10A.7 Name of business as designated on permit.

No person subject to the provisions of this chapter shall operate under any name or conduct business under any designation not specified in the permit. (Ord. No. 74-26, § 10.)

10A.8 Inspections; communication devices which interfere with inspections.

Every person, association, or corporation operating a massage establishment shall permit those officials charged with the enforcement of the provisions of this chapter to make inspections from time to time to determine that the provisions of this chapter are continually being met.

No permittee shall allow communication devices to be installed or used in any manner on the premises so as to interfere with or hinder inspections by law enforcement officials. (Ord. No. 74-26, § 11.)

10A.9 Employees generally.

(a) Every holder of a permit for a massage establishment or any employer of persons purporting to act as massage therapists shall have the responsibility to insure that each person employed as a massage technician has a valid permit pursuant to this chapter. (Ord. No. 96-4, § 2.)

(b) Every holder of a permit for a massage establishment shall exercise close supervision over the acts of massage therapists or other persons employed on the premises. The acts of massage therapists or other employees, when in violation of this chapter or any conditions of a permit issued hereunder, may constitute grounds for revocation or suspension of the massage establishment permit. (Ord. No. 74-26, 12; Ord. No. 96-4, § 2.)

10A.10 Prohibited acts.

(a) It is unlawful for any holder of a permit issued pursuant to this chapter to massage any other person or to give or administer any of the other things mentioned in this chapter for immoral purposes or in a manner intended to arouse, appeal to or gratify the lust or passion or sexual desires.

(b) It is unlawful for any holder of a permit issued pursuant to this chapter to solicit business other than upon a licensed premises or through newspapers or other advertising media.

(c) It is unlawful for any holder of a permit issued pursuant to this chapter to perform any treatment covered by this chapter at the permittee’s place of residence. (Ord. No. 96-4, § 4.)

10A.11 Sale or transfer of business.

Upon the sale or transfer of any interest in a massage establishment, the permit shall become null and void. (Ord. No. 74-26, § 14.)

10A.12 Change of location.

A change of location from the described premises may be approved by the city manager; provided, that all ordinances and regulations of the city are complied with and the change of location fee of twenty five dollars is deposited with the city. (Ord. No. 74-26, § 15.)

10A.13 Violations.

(a) Every person, except those persons who are specifically exempt 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 whether acting as a participant or worker in any way, who gives massages or conducts a massage establishment or room; or who gives or administers, or who practices the giving or administering of steam baths, electric light baths, fomentation, sun baths, mineral baths, alcohol rubs, Russian, Swedish or Turkish baths, or any other type of baths, salt glows or any type of therapy; or who does or practices any of the other things or acts mentioned in this chapter without first obtaining a permit and paying for a license so to do from the city or, who shall violate any provision of this chapter shall be guilty of a misdemeanor.

(b) Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance, and the city may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof in the manner provided by law; and shall take other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage establishments and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter. (Ord. No. 74-26, § 25.)

Article II. Permits.

10A.14 Required.

It shall be unlawful for any person, association or corporation to engage in, conduct, solicit or permit to be engaged in, conducted or solicited in or upon any premises within the city, the business of massage establishment or to render or permit to be rendered massage services at a location removed from a massage establishment within the city without having a valid permit issued pursuant to the provisions of this chapter. (Ord. No. 74-26, § 4.)

10A.15 Display.

(a) All permits issued pursuant to this chapter for a massage establishment and for massage therapist employed by such establishments shall be displayed in a conspicuous place so that they may be readily seen by persons entering the premises.

(b) A massage therapist not employed by a massage establishment shall at all times carry on his or her person the permit issued by the police department while engaged in any business provided for by this chapter. This permit shall serve as a notice to the public that the massage therapist is duly licensed and has the necessary approval of the police department. (Ord. No. 96-4, § 5.)

10A.16 Applications - Fees; referral to chief of police.

(a) Any persons desiring to obtain a permit to operate a massage establishment shall make application to the finance director and pay a nonrefundable fee designated by City Council Resolution to defray, in part, the cost of investigation and report.

(b) Any person desiring to perform massage services or to act as a massage therapist shall make application to the finance director and pay a nonrefundable fee designated by City Council Resolution to defray, in part, the cost of investigation and report. A permit to perform massage services does not authorize the operation of a massage establishment. Any person permitted to perform massage services who desires to operate a massage establishment must separately apply for an establishment permit. (Ord. No. 96-4, § 2.)

(c) All applications made under (a) and (b) above shall be referred to the chief of police for investigation and recommendations. (Ord. No. 74-26, § 16; Ord. 89-11, § 3; Ord. No. 2008-04 § 4.)

10A.17 Same - Contents.

Any applicant for a permit shall submit the following information:

(a) The full name and present address of the applicant, and all persons having a financial or profit sharing interest in the business;

(b) The two previous addresses immediately prior to the present address of the applicant, and the dates of residence at each;

(d) Two recent portrait photographs, at least two by two inches and taken within the last six months;

(e) Business, occupation or employment history of the applicant for the three years immediately preceding the date of the application;

(f) The business license history of the applicant; whether such person, in previously operating in this or another city or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation;

(g) All convictions of a felony or any crime involving fraud, embezzlement or moral turpitude and the reasons therefor;

(h) A certificate from a medical doctor stating that the applicant has, within thirty days immediately prior thereto, been examined and found to be free of any contagious or communicable disease;

(i) The applicant must furnish a diploma or certificate of graduation from a recognized school or other institution of learning which meets standards established by the State of California Department of Education, wherein the method, profession and work of massage therapists is taught. Such school or institution shall require a resident course in the theory, method, profession or work of massage of not less than two hundred hours, which shall include, but not be limited to anatomy, physiology and hygiene, massage theory and history, ethics of massage, business practices, and a minimum or 75 hours of demonstration and practice of massage techniques. Schools offering correspondence courses not requiring actual attendance of class shall not be deemed a "recognized school." The city shall have a right to confirm the fact the applicant has actually attended classes in a recognized school for the aforementioned minimum time periods.

(j) The applicant must provide evidence of certification by the National Certification Board for Therapeutic Massage and Body work (NCBTMB). a massage therapist possessing a valid permit issued pursuant to this chapter as of December 31, 1995 shall have two (2) years from the time this ordinance becomes effective to obtain the proper certification from the NCBTMB. Failure to comply with this requirement will result in the initiation of the permit revocation process pursuant to section 10A.21.

(k) The applicant must provide evidence of membership in a qualified massage association and must not allow this membership to lapse. A "qualified massage association: is one that:

(1) Is a tax-exempt professional association recognized by the Internal Revenue Service under Section 501 of the IRS code;

(2) Has established as a minimum education requirement for membership, a certificate of completion of 500 hours from a state approved school of massage which is devoted to a massage specialty with a state approved curriculum, or has a written and practical testing of equivalency administered and overseen by its admission committee or by a national certification program endorsed by the National Commission for Certifying Agencies, which will be considered in lieu of the minimum education requirement of 500 hours;

(3) Provides each member with comprehensive general liability insurance in the amount of one million dollars ($1,000,000) per occurrence;

(4) Requires participation and completion by members of a minimum number of hours specified continuing education as a condition of continuing membership;

(5) Has established rules of ethics and has enforcement procedures for the suspension and revocation of membership of persons violating the rules of ethics; and

(6) is open to members of the general public meeting the requirements for membership on either a statewide or national basis, and, in fact, maintains a membership which reflects a substantial statewide or national participation by massage practitioners.

(l) Such other identification and information as the police department may require in order to discover the truth of the matters hereinbefore specified as required to be set forth in the application, including such personal references as the department deems necessary.

(m) Nothing contained herein shall be construed to deny to the police department the right to take the fingerprints and additional photographs of the applicant, nor shall anything contained herein be construed to deny the right of such department to confirm the height and weight of the applicant. (Ord. No. 96-4, § 6.)

10A.18 Same Investigations.

(a) The chief of police shall investigate and shall ascertain whether or not the applicant or any persons directly or indirectly interested in a permit or proposed business as owner, partners, officers, managers, employees or other persons to be in charge of the premises are reputed to be persons of good moral character. He shall also ascertain whether or not any of such persons have been convicted of a felony or any crime involving fraud, embezzlement or moral turpitude, including all offenses listed in penal code of the state, section 290, any section or subsection of sections 311 through 311.9, section 314 through 318, and subsections (a), (b), (c), or (d) of section 647, of the penal code, or any offenses involving prostitution, lewd conduct or offenses resulting from a reduction of the aforementioned offenses, or whether such person shall have had a license or permit for a similar business or a liquor license suspended, canceled or revoked. The chief of police shall cause fingerprints to be taken of the applicant and any other persons referred to in this subsection. The chief of police shall make a report of his findings to the city manager together with his recommendations, if any. (Ord. 93-9, § 7.)

(b) The chief of police, chief of fire, director of planning and development, director of building and safety and health officer, within the jurisdiction and duties of their particular department, shall ascertain whether or not the premises to be used are suitable, proper and adequate, and comply with applicable laws, ordinances and regulations concerning such premises, and the activities to be conducted thereon. (Ord. 93-9, § 7.)

(c) A report of the investigations required along with the application and any recommendations made shall be referred to the city manager for action thereon. (Ord. No. 74-26, § 19; Ord. No. 89-11, § 5.)

10A.19 Grant or denial city manager.

(a) The city manager shall review the application, investigation reports and recommendations and shall deny the permit if he finds any of the following to be true:

(1) That any of the information on the application has been deliberately falsified;

(2) That the premises and the conduct of activities thereon is inimical to the public health, safety, morals, or general welfare;

(3) That the applicant or any person closely connected with the operation or management of any establishment has been convicted of the violation of any of the offenses involving fraud, embezzlement or moral turpitude.

(4) That the premises does not comply with all applicable sections of this code, including these requirements for massage establishments.

(b) If he finds that there are no grounds for denial, the city manager shall issue the permit. He may attach to such permit any conditions which are reasonably related to the grant in order to insure that the intent and purpose of this chapter are met, and to insure that the public health, safety, morals, and general welfare are protected. (Ord. No. 74-26, § 21.)

10A.20 Same Appeal to city council.

(a) Any person aggrieved by the grant or denial of the city manager may appeal that decision by filing written notice of such appeal and the ground therefor with the city clerk within ten days after the city manager’s decision. Upon receipt of appeal, the matter shall be set for review by the city council. No rights shall be exercised under any permit until the city council’s decision.

(b) In considering and ruling upon the appeal of the petitioner, the city council shall judge the merits of the appeal based upon those grounds set forth for revocation and suspension of permits.

The city council may reverse or affirm wholly or partly or may modify any decision, determination or requirement of the city manager and may make such decisions or determinations or impose such conditions as the facts warrant, and may order that a permit be granted, suspended or revoked in accordance with their ruling. The decisions of the city council shall be final. Any hearing may be continued from time to time. (Ord. No. 74-26, § 22.)

10A.21 Revocation Hearing; notice.

No permit shall be revoked or suspended until after a hearing shall have been held before the city manager to determine just cause for such revocation or suspension. Notice of such hearing shall be given in writing and served at least ten days prior to the date of the hearing thereon. The notice shall state the grounds of the complaint against the holder of such permit, or against the business carried on by the permittee at the massage establishment, and shall state the time and place where such hearing will be held.

Such notice shall be served upon the permit holder by delivering such notice to such person, or by leaving such notice at the place of business or residence of the permit holder in the custody of a person of suitable age and discretion. In the event the permit holder cannot be found, and the service of such notice cannot be made in the manner herein provided, a copy of such notice shall be mailed, postage fully prepaid, addressed to the permit holder at his place of business or residence at least five days prior to the date of such hearing. (Ord. No. 88-6, § 1.)

10A.22 Same Grounds; decisions to be final.

Based upon the evidence of such hearing the city manager may revoke or suspend the permit if he or she finds any of the following:

(a) That the permittee has violated or failed to meet any of the criteria set forth for granting a permit;

(b) That the permittee has failed to comply with the conditions attached to the permit;

(d) That the permittee has committed any of the offenses of fraud, embezzlement, or involving moral turpitude;

(e) That the permittee, or premises involved, is in violation of applicable sections of this code relating to the conduct of the business or maintenance of the premises.

The decision of the city manager shall be final. Upon revocation, the permit and any other business licenses or other permits connected therewith shall be surrendered to the city. (Ord. No. 74-26, § 24; Ord. No. 88-6, § 1.)

CHAPTER 10AMASSAGE PARLORS