Chapter 5.64
MASSAGE ESTABLISHMENTS AND CERTIFIED MASSAGE THERAPISTS
Sections:
5.64.030 Required licensing, permitting and certification.
5.64.040 Additional business permit requirements for massage establishments.
5.64.050 Investigation – Denial of business permits for massage establishments.
5.64.070 Operational requirements.
5.64.080 Prohibited advertising practices.
5.64.090 Violation of chapter.
5.64.100 Effect of revocation of business permit for massage establishment.
5.64.110 Applicability to existing businesses and therapists.
5.64.010 Purpose and intent.
The purpose of this chapter is to provide for the orderly regulation of the business of massage and massage therapists in the city, and to protect the public’s health and safety by establishing certain standards pertaining to massage therapy business activities within the city of Pittsburg and to recognize massage therapy as a legitimate business occupation and health-related service. [Ord. 18-1451 § 3 (Exh. B), 2018.]
5.64.020 Definitions.
Unless the particular provision or context otherwise clearly requires, the definitions in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.
“Applicant” means any person who applies for a business permit to operate a massage establishment. In the event the applicant is a nonnatural person (e.g., a business entity), the term “applicant” shall also include the individual person legally authorized to act on behalf of the applicant and submit an application to the city pursuant to this chapter.
“Business permit” means a permit issued by the finance director pursuant to Chapter 5.12 PMC.
“California Massage Therapy Council” or “CAMTC” means the nonprofit organization created, pursuant to California Business and Professions Code Section 4600 et seq., to regulate and issue massage practitioner and therapist certificates.
“CAMTC certificate” or “certificate” means the certificate, or conditional certificate, issued by the California Massage Therapy Council to massage therapists and to massage practitioners that entitles the holder to practice massage.
“Certified massage practitioner,” “CMP” or “practitioner” means a person who has a valid, unexpired certificate from, and who is in good standing with, the California Massage Therapy Council.
“Chief of police” means the city’s police chief or his/her designee.
“Compensation” means a payment, loan, advance, donation, contribution, deposit, tip, gift of money, or anything of value.
“Employee” means any person, including, but not limited to, an operator or massage therapist who renders any service, with or without compensation, to a massage establishment business on a full-time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise.
“Massage” means any method of placing pressure on, or friction against, or manipulating, stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body below the neck with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in the practice of massage.
“Massage establishment” or “establishment” means a business where any person engages in or carries on massage in exchange for any form of consideration, whether at a fixed place of business or at a location designated by a customer or client for off-premises massage services. The term “massage establishment” includes a sole owner and employee of a massage business operating as a sole proprietorship.
“Massage therapist” means any person who gives or administers a massage to another person, for any form of consideration whatsoever.
“Operator” shall mean any person who supervises, directs, organizes, manages or controls or is in any way responsible for or in charge of a massage establishment.
“Owner” means:
1. For a sole proprietorship, the sole owner of the business;
2. For a business association, each owner of 10 percent or more of the business;
3. For a corporation, each stockholder holding 10 percent or more of the corporation and each officer and director of the corporation;
4. For a limited liability company, each member of the company;
5. For a partnership, each partner, excluding limited partners owning less than 10 percent of the partnership, and where a partner is a corporation, the provisions pertaining to a corporate applicant in subsection (3) of this definition apply; and
6. For any other type of entity not described above, every person having an interest, legal or equitable, in 10 percent or more of the massage establishment.
“Permittee” means a person issued a business permit for purposes of operating a massage establishment pursuant to Chapter 5.12 PMC and this chapter. “Permittee” also includes each person with any ownership interest in the business and each operator of the business.
“Person” means any individual, firm, association, partnership, corporation, joint venture, limited liability company, or any other business organization or combination of individuals of whatever form or character.
“Specified anatomical areas” means less than completely and opaquely covered: human genitals, pubic regions, buttocks, or female breasts below a point immediately above the top of the areola, and human male genitals in a discernibly turgid state, even if completely and opaquely covered. [Ord. 18-1451 § 3 (Exh. B), 2018.]
5.64.030 Required licensing, permitting and certification.
A. No person shall provide massage services for compensation in the city unless the person has obtained, and maintains in good standing, a valid and unexpired CAMTC certificate.
B. No person shall own, operate or maintain, or permit the operation of, a massage establishment unless:
1. The person is over the age of 18;
2. The owner and/or operator of the business has obtained a conditional use permit pursuant to PMC Title 18;
3. The massage establishment has obtained, and maintains in good standing, a valid and unexpired city business permit under Chapter 5.12 PMC and the additional requirements contained in this chapter;
4. All employees employed by the massage establishment are certified massage practitioners; and
5. Unless exempt therefrom, the owner(s) has applied for and obtained a city business license under Chapter 5.04 PMC.
C. A person may provide massage services as a home occupation, provided the person is a certified massage practitioner and either:
1. The services are contracted as an accessory use by a beauty salon, barbershop, or health/fitness club and the services are performed on the business premises; or
2. The services are provided in the home or business of a client.
No certified massage practitioner shall provide massage services for compensation in his or her home.
D. The provisions of this chapter shall not apply to the following:
1. Physicians, surgeons, chiropractors, osteopaths, nurses, physical therapists, or other health care professionals who are duly licensed by the state of California;
2. Those persons who are administering massage in the medical offices of and who are under the direct supervision of a licensed medical professional, as long as the services are within the licensed scope of services of the medical professional; or
3. Massage services provided in conjunction with a lawful, nonrecurring special event (e.g., health fair, medical seminars) that has obtained required permits from the city. [Ord. 18-1451 § 3 (Exh. B), 2018.]
5.64.040 Additional business permit requirements for massage establishments.
A. In addition to the application requirements provided under Chapter 5.12 PMC, no application for a business permit to operate a massage establishment shall be complete until the finance director has received:
1. A list stating the number of massage therapists and other employees the applicant intends to employ at the massage establishment, the full name, date of birth, current address, and telephone number of each employee, the identification number and expiration date of each massage therapist’s CAMTC certificate, and how many massage therapists the applicant intends to be working on site performing massages simultaneously. The business shall also provide a copy of each massage therapist’s unexpired CAMTC certificate and identification card.
2. A list providing the complete name, address, and telephone number of each owner and operator of the proposed business.
3. Except as specified in subsection (C) of this section, an application for a background check filed, under penalty of perjury, by each individual owner and operator of the massage establishment containing the following:
a. The individual’s full legal name and any other names used by the individual;
b. The individual’s height, weight, and color of eyes and hair;
c. The business name, address and telephone number of the proposed massage establishment for which the business permit is sought;
d. The current residential address and telephone number of the individual, and two previous residential addresses and business addresses, if any;
e. A copy of a valid and current driver’s license and/or identification issued by a state or federal government agency or other photographic identification bearing a bona fide seal by a foreign government showing, to the satisfaction of the city, that the individual is at least 18 years of age;
f. The individual’s business, occupation or employment history for the five years immediately preceding the date of the application;
g. The name and address of any massage establishment or similar business owned or operated by the person whether inside or outside the city or state;
h. The massage or similar business license history of the individual, including whether such person, in previously operating in this city or another city, county or state under a license or permit, has had such license or permit revoked or suspended, and the reasons and dates for any such revocation or suspension;
i. All criminal convictions, except infractions for traffic violations;
j. Two identical passport photos; and
k. The individual shall be fingerprinted, and such fingerprints shall be submitted to the Department of Justice for a criminal background check.
4. A statement as to whether the proposed business intends to provide massage services off site.
5. Information demonstrating that the proposed business is consistent with the applicable land use designation and city zoning code.
6. A floor plan showing the layout of the massage establishment, to the specifications required by the finance department.
7. A statement of the nature and character of the business and of any other business conducted or proposed to be conducted at the same location, if applicable.
8. An acknowledgment signed by the applicant and each owner and operator of the massage establishment that:
a. All information contained in the application is true and correct;
b. The applicant and each owner and operator have read this chapter and are familiar with state and local requirements for massage establishments;
c. The applicant and all owners and operators shall be jointly responsible for all conduct of the business and its employees; and
d. The failure of the business, applicant, any owner, any operator, or any employee to comply with California Business and Professions Code Section 4600 et seq. and any local, state, or federal law, including CAMTC rules or regulations and the provisions of this chapter, may result in immediate suspension or revocation of the business permit.
9. Such other identification and information as may be required by the city to verify the truth of the matters specified in the business permit application or this section.
B. A business license application is deemed complete and validly filed when the finance director has received all information required by Chapter 5.12 PMC and this chapter, including the results of the Department of Justice criminal background check for each owner and operator, and has received any fees associated with the application or application processing.
C. If an owner or operator is a CAMTC certificate holder, submission of a copy of the owner’s or operator’s valid, unexpired CAMTC certificate and CAMTC identification card shall deem that individual exempt from the requirement of submitting an application for a background check under subsection (A)(3) of this section.
D. An application for renewal of a business permit to operate a massage establishment shall contain a declaration under penalty of perjury on a form approved by the finance director confirming that there has been no change in the identity of the owners or operators of the business and indicating any change in the contact information of each owner or operator. [Ord. 18-1451 § 3 (Exh. B), 2018.]
5.64.050 Investigation – Denial of business permits for massage establishments.
Upon receipt of a completed application for a business permit, the finance director and other city departments, including the police department, shall investigate the applicant and each owner and operator. In addition to the grounds for denial of an initial or renewal application for a business permit provided under Chapter 5.12 PMC, the finance director shall deny an application to operate a massage establishment if the finance director finds in writing that:
A. The proposed business or activity would not be in compliance with federal, state or local laws and regulations;
B. The applicant or any owner or operator has been convicted, including a plea of nolo contendere, within the past five years, of an offense involving lewd conduct; an offense involving the use of force or violence upon the person of another whether denominated as a misdemeanor or a felony; a violation of Penal Code Section 220, 261, 288a, 314, 315, 316, 318, 647(a) or 647(b); any violation involving the sale of a controlled substance specified in Health and Safety Code Section 11054, 11055, 11057, or 11058; or any other crime or unlawful activity, on the basis of which the chief of police reasonably concludes that, by reason of the nature of the crime or activity, the applicant’s, owner’s, or operator’s operation of a massage establishment would pose a risk of harm to the public;
C. The applicant or any owner or operator is presently under indictment or is the subject of a criminal complaint for any of the crimes described in subsection (B) of this section;
D. That the applicant, any owner, any operator, and/or any proposed or actual employee of the massage business has engaged in unprofessional conduct including, but not limited to, personal conduct or operation of a business resulting in denial of a license, revocation, suspension, restriction, or any other disciplinary action taken against an applicant, owner and/or employee by the city, another city or county, by another state, by CAMTC, or by any governmental agency;
E. Making or causing to be made any false or misleading statement in the application or as to any other information presented as part of the application process; or
F. That, based on specific facts identified by the chief of police, the chief of police reasonably concludes that the operation of the proposed massage establishment would pose a risk to the public, that the applicant would not conduct the business in a law-abiding or professional manner, and/or that the operation of the proposed business would subject patrons of the business to a risk of harm or criminal, deceitful or otherwise unethical practices. [Ord. 18-1451 § 3 (Exh. B), 2018.]
5.64.060 Fees.
In addition to any other fees authorized by this code, an application fee in an amount established by city council resolution shall accompany any application for a permit under this chapter. Such fee shall be nonrefundable and shall be retained by the city for the costs of processing applications and administering this chapter. In addition, the applicant shall pay fees for fingerprinting and investigation required by the city for conducting background investigations. If an owner is a CAMTC certificate holder, the chief of police shall waive the background investigation and fee for that owner. [Ord. 18-1451 § 3 (Exh. B), 2018.]
5.64.070 Operational requirements.
A. All massage establishments and massage therapists shall abide by the following operational requirements:
1. Each massage establishment, owner, operator, and employee shall comply with all provisions of this code, federal, state, and local laws, ordinances, and regulations, and CAMTC rules and regulations, as may be amended from time to time.
2. Any and all premises used by any person granted a city business permit for the operation of a massage establishment pursuant to Chapter 5.12 PMC and this chapter shall be subject to inspection by the city at reasonable times to ensure compliance with the provisions of this chapter, this code, state and federal laws, and CAMTC rules and regulations.
3. Adequate rest room facilities shall be available for use by customers.
4. Towels, sheets and linens of all types and items for the personal use of the therapists and clients shall be clean and freshly laundered and shall not be used for more than one person. Heavy white paper may be substituted for sheets, provided such paper is used only once and then discarded.
5. The massage establishment may operate between the hours of 8:00 a.m. and 8:00 p.m.
6. Each employee of the massage establishment shall wear garments which cover the entire body, exclusive of the head, neck, arms, legs, hands and feet. Each employee must be fully covered from a point 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 must be maintained in a clean and sanitary condition.
7. Each service offered and the price thereof shall be posted in a conspicuous public location in each massage establishment.
8. All signage shall comply with PMC Title 19, and no signs may be illuminated.
9. The permittee shall report immediately to the finance director any and all changes of ownership of the business or the operator(s) thereof.
10. Before any new massage therapist or other employee performs any service at the massage establishment, the business shall provide to the finance director an updated list stating the number of massage therapists and other employees the business intends to employ at the massage establishment, the full name, date of birth, current address, and telephone number of each employee, the identification number and expiration date of each massage therapist’s CAMTC certificate, and how many massage therapists the applicant intends to be working on site performing massages simultaneously. The business shall also provide a copy of each massage therapist’s unexpired CAMTC certificate and identification card.
11. Every massage establishment shall maintain on the premises a current copy of the list provided to the finance director as required in this subsection. The list shall be available for inspection to city personnel at all times during regular business hours.
12. The exterior windows of a massage establishment shall not be blacked out.
13. 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, except when there is no staff available to assure security for massage therapy patrons and staff who are behind closed doors, all reception and hallway doors must remain unlocked during business hours.
14. The massage establishment shall at all times display each massage therapist’s certificate in an open and conspicuous place on the premises of the establishment.
15. Each massage therapist shall wear his or her CAMTC identification card on his/her outermost garment at all times while working in a massage establishment or at a business for the purpose of performing massage.
16. 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 in California Business and Professions Code Section 23004, on the premises of any massage establishment or in conjunction with any massage business.
17. It is unlawful for any employee to directly or indirectly offer, administer, touch, or perform massage to a customer’s specified anatomical areas.
18. A patron’s specified anatomical areas must be fully draped at all times while any employee of the massage establishment or any other person is in the massage therapy cubicle or room.
19. It is unlawful for any massage therapist to perform massage without first draping the client. If at any time the draping falls off or is removed, the massage must stop until the client is redraped.
20. No massage establishment shall employ any person under 18 years of age as a massage therapist or in any other capacity. This subsection shall not prohibit a business, where massage is not the primary purpose of the business, from employing individuals under 18 years of age. However, massage therapists must still be at least 18 years of age.
B. The city council reserves the right to adopt by resolution additional rules and regulations, consistent with the provisions of this chapter regarding massage services. Such rules shall become effective immediately upon adoption. [Ord. 18-1451 § 3 (Exh. B), 2018.]
5.64.080 Prohibited advertising practices.
It is a violation of this chapter for any person who does not possess a valid and unexpired CAMTC certificate, and for any massage establishment that employs or retains such a person, to:
A. State or advertise or put out any sign, card, or other device, or to represent to the public through any print or electronic media, that such person is certified, registered or licensed by a governmental agency as a massage therapist; or
B. Hold oneself out or use the title of “certified massage therapist” or “certified massage practitioner” or any other term, such as “licensed,” “registered,” or “CMT,” that implies or suggests that the person is the holder of a certificate issued by CAMTC. [Ord. 18-1451 § 3 (Exh. B), 2018.]
5.64.090 Violation of chapter.
No person shall violate a provision of this chapter or fail to comply with a provision of this chapter. A person who violates a provision of this chapter is guilty of a misdemeanor. [Ord. 18-1451 § 3 (Exh. B), 2018.]
5.64.100 Effect of revocation of business permit for massage establishment.
A. The revocation of a business permit to operate a massage establishment shall terminate the right of the permittee to engage in the business of massage anywhere within the city for a period of three years following the effective date of revocation.
B. The revocation of a business permit to operate a massage establishment shall prohibit the operation of a massage establishment in that same location for a period of three years. The revocation of a business permit to operate a massage establishment shall also prohibit a massage establishment, or any other business establishment operating in the same location, from using the same name and/or same phone number as the revoked massage establishment for a period of three years.
C. If a business permit to operate a massage establishment is revoked, neither the spouse, child, brother, sister or parent of a permittee, nor a person possessing any ownership interest in the business for which the permit was revoked, or who was an employee thereof shall be entitled to issuance of a business permit to operate the business.
D. The provisions of this section shall be in addition to, and not limit, any provisions of Chapter 5.12 PMC. [Ord. 18-1451 § 3 (Exh. B), 2018.]
5.64.110 Applicability to existing businesses and therapists.
The provisions of this chapter shall be applicable to all persons now engaged in the massage business.
Notwithstanding the above, all massage therapists holding a valid, unsuspended and unrevoked massage practitioner’s permit issued by the city before the effective date of the ordinance codified in this chapter shall have one year within which to obtain a CAMTC certificate to perform massage within the city. During the one-year exemption period, the holder shall continue to meet all conditions and qualifications specified in the prior version of this chapter. The one-year exemption shall no longer apply if such permit is suspended, revoked, or not renewed. The chief of police shall process applications for renewal of massage practitioners’ permits issued by the city during the one-year exemption period, and may deny the renewal of, suspend, or revoke such permits pursuant to the prior version of this chapter. [Ord. 18-1451 § 3 (Exh. B), 2018.]
5.64.120 Severability.
In the event any section or provision of this chapter is held invalid or unenforceable by a court of competent jurisdiction, the remaining sections or provisions shall not be affected. [Ord. 18-1451 § 3 (Exh. B), 2018.]