Chapter 5.40
MASSAGE THERAPY REGULATIONS

Sections:

5.40.010    Purpose and intent.

5.40.020    Definitions.

5.40.030    CAMTC certification required.

5.40.040    Business registration.

5.40.050    Notifications.

5.40.060    Exemptions.

5.40.070    Health and safety requirements.

5.40.080    Physical facility and building code requirements.

5.40.090    Attire and physical hygiene requirements.

5.40.100    Inspection by government officials.

5.40.110    Owner and operator responsibility—Denial, revocation, restriction or suspension of business registration.

5.40.120    Remedies cumulative—Each day a separate offense.

5.40.130    Public nuisance.

5.40.140    Criminal penalties.

5.40.150    Civil injunction.

5.40.160    Inspections.

5.40.170    Zoning.

5.40.010 Purpose and intent.

It is the purpose and intent of this chapter to provide for the orderly regulation of massage therapists, massage practitioners and massage establishments in the interest of public health, safety and welfare.

The City Council further recognizes that, unless properly regulated, the practice of massage therapy and the operation of massage businesses may be associated with unlawful activity and pose a threat to the quality of life in the local community. Accordingly, it is the purpose and intent of this chapter to protect the public health, safety, and welfare by providing for the orderly regulation of businesses providing massage therapy services, discouraging prostitution and related illegal activities carried on under the guise of massage therapy, and establishing certain sanitation, health, and operational standards for massage businesses.

Furthermore, it is the purpose and intent of this chapter to address the negative impacts identified in the City’s findings to reduce or prevent neighborhood blight and to protect and preserve the quality of the neighborhoods and commercial districts; and to enhance enforcement of criminal statutes relating to the conduct of operators and employees of massage businesses.

It is the City’s further purpose and intent to rely upon the uniform statewide regulations applicable to massage practitioners and establishments that were enacted by the State Legislature in 2008 as Business and Professions Code Sections 4600 et seq. by Senate Bill 731, and amended in 2011 by Assembly Bill 619, to restrict the commercial practice of massage in the City to those persons duly certified to practice by the California Massage Therapy Council, and to provide for the registration and regulation of massage businesses for health and safety purposes to the extent allowed by law. (Ord. 1447 § 2 (part), 2012)

5.40.020 Definitions.

For the purposes of this chapter, the following words and phrases shall have the following meanings:

A. “California Massage Therapy Council” or CAMTC means that organization created pursuant to California Business and Professions Code Sections 4600 et seq.

B. “CAMTC certificate” means the unconditional certificate issued by the CAMTC to massage therapists pursuant to California Business and Professions Code Sections 4600 et seq. “CAMTC certificate” shall not include a conditional CAMTC certificate issued by the massage therapy organization to any massage therapist.

C. “Chief of Police” means either the Chief of Police of the City of San Carlos or the person designated to act as the Chief of the San Mateo County Sheriff’s Office, San Carlos Bureau, under a contract for police services.

D. “City” means the City of San Carlos.

E. “Client” means the customer or patron who pays for or receives massage services.

F. “Compensation” means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.

G. “Employee” means any person employed by a massage business who may render any service to the business, and who receives any form of compensation from the business.

H. “Massage establishment” means any business that offers massage therapy in exchange for compensation, whether at a fixed place of business or at a location designated by the customer or client through outcall massage services. Any business that offers any combination of massage therapy and bath facilities—including, but not limited to, showers, baths, wet and dry heat rooms, pools and hot tubs—shall be deemed a massage establishment under this chapter. The term “massage establishment or massage business” includes a certified massage practitioner who is the sole owner, operator and employee of a massage business operating as a sole proprietorship.

I. “Massage practitioner” means any person to whom an unconditional CAMTC Certificate has been issued pursuant to Section 4601(b) of the California Business and Professions Code. “Massage practitioner” shall not include a person to whom a conditional CAMTC certificate has been issued.

J. “Massage,” “massage therapy,” or “body work” means and refers to any method of treating the external parts of the body for remedial, health, or hygienic purposes for any form of compensation by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external 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, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice; or by baths, including but not limited to Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath.

K. “Operator” or “massage establishment operator” means any and all owners of a massage establishment.

L. “Outcall massage” means the engaging in or carrying on of massage therapy for compensation in a location other than the business operations address set forth in the massage establishment’s business registration.

M. “Owner” or “massage establishment owner” means any of the following persons:

1. Any person who is a general partner of a general or limited partnership that owns a massage establishment.

2. Any person who has a five percent or greater ownership interest in a corporation that owns a massage establishment.

3. Any person who is a member of a limited liability company that owns a massage establishment.

4. Any person who has a five percent or greater ownership interest in any other type of business association that owns a massage establishment.

N. “Person” means any individual, firm, association, partnership, corporation, joint venture, limited liability company, or combination of individuals.

O. “Practitioner” or “massage practitioner” shall be used interchangeably and mean any person who administers massage to another person, for any form of consideration (whether for the massage, as part of other services or a product, or otherwise).

P. “Reception and waiting area” means an area immediately inside the front door of the massage establishment dedicated to the reception and waiting of patrons of the massage establishment and visitors, and which is not a massage therapy room or otherwise used for the provision of massage therapy services.

Q. “Registration” means the business registration required by this chapter to operate a massage establishment.

R. “School of massage” means any school or institution of learning that is recognized as an approved school pursuant to Business and Professions Code Division 2, Chapter 10.5, as currently drafted or as may be amended.

S. “Sheriff” means the Sheriff of San Mateo County and his or her authorized representatives or designees.

T. “Sole proprietorship” means and includes any legal form of business organization where the business owner (sometimes referred to as the “sole proprietor”) is the only person employed by that business to provide massage services.

U. “Solicit” means to request, ask, demand or otherwise arrange for the provision of services. (Ord. 1447 § 2 (part), 2012)

5.40.030 CAMTC certification required.

A. Individuals. It shall be unlawful for any individual to practice massage therapy for compensation as a sole proprietorship or employee of a massage establishment or in any other capacity within the City unless that individual is a certified massage practitioner with a CAMTC certificate that is in full force and effect.

B. Massage establishments shall maintain on the premises and file at the City copies of or provide other evidence of the CAMTC certificates held by all message therapists and massage practitioners and all persons providing massage therapy at that business or establishment. (Ord. 1447 § 2 (part), 2012)

5.40.040 Business registration.

A. Massage establishments shall obtain an annual business registration in accordance with Chapter 5.04 and as set forth in this chapter and pay a business registration fee sufficient to cover registrations costs, in accordance with the registration fee schedule set forth in Chapter 5.04.

B. The registration application for a business registration shall include all of the following:

1. Legal name of the massage business.

2. Address and telephone number of the massage business.

3. Legal names of all owners of the massage business.

4. A list of all of the massage business’s employees and independent contractors who are performing massage and their CAMTC certification.

5. Residence address and telephone number of all owners of the massage business.

6. Business address and telephone number of all owners of the massage business.

7. The form of business under which the massage business will be operating (i.e., corporation, general or limited partnership, limited liability company, or other form).

8. Each owner or operator of the massage business who is not a CAMTC-certified massage practitioner shall submit an application for a background check, including the following: the individual’s business, occupation, and employment history for the five years preceding the date of the application; the inclusive dates of such employment history; the name and address of any massage business or similar business owned or operated by the individual whether inside or outside the City.

9. For all owners, a valid and current driver’s license and/or identification issued by a State or Federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government.

10. For all owners, a signed statement that all of the information contained in the application is true and correct; that all owners shall be responsible for the conduct of the business’s employees or independent contractors providing massage services; and acknowledging that failure to comply with the California Business and Professions Code Section 4600 et seq., any local, State, or Federal law, or the provisions of this chapter may result in revocation of the business’s City registration certificate.

C. Issuance. Before issuance of the business registration the foregoing documentation shall be reviewed and approved by the Chief of Police or the higher designate. Business registration shall be valid for one year from the date of issuance. No reapplication will be accepted within one year after an application or renewal is denied or a certificate is revoked.

D. Amendment. A massage business shall apply to the City to amend its business registration within thirty days after any change in the registration information, including, but not limited to, the hiring or termination of certified massage practitioners or the change of the business’s address.

E. Renewal. A massage business shall apply to the City to renew its business registration at least thirty days prior to the expiration of said business registration. If an application for renewal of a business registration and all required information is not timely received and the registration expires, no right or privilege to provide massage shall exist.

F. A massage establishment’s business registration may be suspended, revoked or restricted for violations of California Business and Professions Code Sections 4600 through 4620. Any appeal related to a suspension, revocation or restriction shall be conducted in accordance with Chapter 1.25.

G. Massage establishments shall notify the City of any intent to rename, change management or convey the business.

H. It shall be unlawful for any business to provide massage for compensation within the City unless all individuals employed by the massage business to perform massage, whether as an employee, independent contractor, or sole proprietorship, are certified massage practitioners and said business has obtained a valid City business registration certificate as provided in this chapter. (Ord. 1447 § 2 (part), 2012)

5.40.050 Notifications.

A business registrant shall immediately report to the Chief of Police any of the following:

A. Arrests of any employees or owners of the registrant’s massage business for an offense other than a misdemeanor traffic offense;

B. Resignations, terminations, or transfers of practitioners employed by the registrant’s massage business;

C. The occurrence of any event involving the registrant’s massage business or the massage practitioners employed therein that constitutes a violation of this chapter or State or Federal law. (Ord. 1447 § 2 (part), 2012)

5.40.060 Exemptions.

The provisions of this chapter shall not apply to the following classes of individuals or businesses while engaged in the performance of their duties:

A. Physicians, surgeons, chiropractors, dentists, osteopaths, nurses or any physical therapists who are duly licensed to practice their respective professions in the State of California and persons working directly under the supervision of or at the direction of such licensed persons, working at the same location as the licensed person, and administering massage services subject to review or oversight by the licensed person.

B. Barbers and beauticians who are duly licensed under the laws of the State of California while engaging in practices within the scope of their licenses, except that this provision shall apply solely to the massaging of the neck, face and/or scalp, hands or feet of the clients.

C. Hospitals, nursing homes, mental health facilities, or any other health facilities duly licensed by the State of California, and employees of these licensed institutions, while acting within the scope of their employment.

D. Accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment.

E. Trainers of amateur, semi-professional or professional athletes or athletic teams while engaging in their training responsibilities for and with athletes; and trainers working in conjunction with a specific athletic event.

F. Individuals administering massages or health treatment involving massage to persons participating in single-occurrence athletic, recreational or festival events, such as health fairs, road races, track meets, triathlons and other similar events; provided, that all of the following conditions are satisfied:

1. The massage services are made equally available to all participants in the event;

2. The event is open to participation by the general public or a significant segment of the public such as employees of sponsoring or participating corporations;

3. The massage services are provided at the site of the event and either during, immediately preceding or immediately following the event;

4. The sponsors of the event have been advised of and have approved the provisions of massage services;

5. The persons providing the massage services are not the primary sponsors of the event. (Ord. 1447 § 2 (part), 2012)

5.40.070 Health and safety requirements.

The following health and safety requirements shall be applicable to all massage establishments within the City of San Carlos:

A. CAMTC certification shall be worn by and clearly visible on the massage practitioner’s person during working hours and at all times when the massage practitioner is inside a massage establishment or providing outcall massage.

B. Massage shall be provided or given only between the hours of seven a.m. and nine p.m. No massage business shall be open and no massage shall be provided between nine p.m. and seven a.m. A massage commenced prior to nine p.m. shall nevertheless terminate at nine p.m., and, in the case of a massage business, all clients shall exit the premises at that time. It is the obligation of the massage business to inform clients of the requirement that services must cease at nine p.m.

C. A list of the services available and the cost of such services shall be posted in the reception area within the massage premises, and shall be described in readily understandable language. Outcall service providers shall provide such a list to clients in advance of performing any service. No owner, manager, operator, or responsible managing employee shall permit, and no massage practitioner shall offer or perform, any service other than those posted or listed as required herein, nor shall an operator or a massage practitioner request or charge a fee for service other than that on the list of services.

D. A copy of the CAMTC certificate and City business registration certificate of each and every massage practitioner employed in the business shall be displayed in the reception area or similar open public place on the premises.

E. For each massage service provided, every massage establishment shall keep a complete and legible written record of the following information: the date and hour that service was provided, the service received, the name or initials of the employee entering the information, and the name of the massage practitioner administering the service. Such records shall be open to inspection and copying by the Chief of Police or other City officials charged with enforcement of this chapter. These records may not be used by any massage practitioner or operator for any purpose other than as records of service provided and may not be provided to other parties by the massage practitioner or operator unless otherwise required by law. Such records shall be retained on the premises of the massage business for a period of two years.

F. Massage establishments shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens. Clean towels, coverings, and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one client, unless they have first been laundered and disinfected. Towels, coverings and linens shall be laundered either by regular commercial laundering or by a noncommercial laundering process which includes immersion in water at least one hundred forty degrees Fahrenheit for not less than fifteen minutes during the washing or rinsing operation. Clean towels, coverings and linens shall be stored in closed, clean cabinets when not in use. Disposable towels and coverings shall not be used on more than one client. Soiled linens and paper towels shall be deposited in separate, approved receptacles.

G. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bath rooms, tanning booths, whirlpool baths 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 County Department of Environmental Health. Bathtubs shall be thoroughly cleaned after each use with a disinfectant approved by the County Department of Environmental Health. All walls, ceilings, floors, and other physical facilities for the business must be in good repair, and maintained in a clean and sanitary condition. The business or establishment shall at all times be equipped with an adequate supply of clean sanitary towels, coverings and linens, and all massage tables shall be covered with a clean sheet or other clean covering for each patron. After a towel, covering or linen has once been used it shall be deposited in a closed receptacle and not used until properly laundered and sanitized.

H. Instruments utilized in performing massage shall not be used on more than one client unless they have been sterilized, using approved sterilization methods.

I. All massage establishment operators and their employees, including massage practitioners, shall wear clean, nontransparent outer garments. Said garments shall not expose their genitals, pubic areas, buttocks, or chest, and shall not be worn in such manner as to expose the genitals, pubic areas, buttocks, or chest. All bathrobes, bathing suits and/or other garments that are provided for the use of patrons shall be either fully disposable and shall not be used by more than one patron, or shall be laundered after each use.

J. No person shall enter, be, or remain in any part of a massage establishment while in possession of an open container of alcohol, or consuming or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. The owner, operator, responsible managing employee, or manager shall not permit any such person to enter or remain upon such premises.

K. No massage establishment shall operate as a school of massage, or use the same facilities as that of a school of massage.

L. No massage establishment shall place, publish or distribute, or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective clients that any service is available other than those services listed as an available service, nor shall any massage establishment employ language in the text of such advertising that would reasonably suggest to a prospective client that any service is available other than those services as described in compliance with the provisions of this chapter.

M. The patron’s genitals, pubic area, anus, and female patron’s breasts below a point immediately above the top of the areola must be fully draped at all times while any employee of the business or establishment is in the massage therapy room or cubicle with the patron. No massage therapy shall be provided to a patron that results in intentional contact, or occasional and repetitive contact with the genitals, anus, or areola of a patron.

N. Where the massage establishment has staff available to assure security for clients and massage staff behind closed doors, the entry to the reception area of the massage establishment shall remain unlocked during business hours when the business is open for business or when clients are present.

O. No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises.

P. All signs shall be in conformance with the current ordinances of the City of San Carlos.

Q. Minimum lighting consisting of at least one artificial light of not less than forty watts shall be provided and shall be operating in each room or enclosure where massage services are being performed on clients, and in all areas where clients are present.

R. Ventilation shall be provided in accordance with applicable building codes and regulations.

S. Hot and cold running water shall be provided at all times.

T. Adequate dressing, locker and toilet facilities shall be provided for clients.

U. A minimum of one wash basin for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing of massage services. Sanitary towels shall also be provided at each basin.

V. Pads used on massage tables shall be covered with material acceptable to County Department of Environmental Health.

W. All massage establishments shall comply with all State and Federal laws and regulations for handicapped clients.

X. A massage practitioner shall operate only under the name specified in his or her CAMTC certificate and City registration. A massage establishment shall operate only under the name specified in its City business registration.

Y. The entrance door allowing access to the massage establishment shall remain unlocked during business hours. Except as provided in Section 5.40.080(A), doors to dressing rooms and treatment rooms shall open inward and may not be locked. Separate dressing rooms and toilet facilities complying with the City building code shall be provided for each sex. The premises shall be maintained in a clean and sanitary condition.

Z. No massage establishment shall have more than ten massage therapists or practitioners working or practicing at the business premises at any one time.

AA. All massage therapy rooms or cubicles, wet and dry heat rooms, toilet rooms, shower compartments, and hot tubs and pools shall be thoroughly cleaned and disinfected as needed, and at least once each business day the premises are open and such facilities are in use. All bathtubs shall be thoroughly cleaned and disinfected after each use.

BB. All liquids, creams, or other preparations used on or made available to patrons shall be kept in clean and closed containers. Powders may be kept in clean shakers. All bottles and containers shall be distinctly and correctly labeled to disclose their contents. When only a portion of a liquid, cream or other preparation is to be used on or made available to a patron, it shall be removed from the container in such a way as not to contaminate the remaining portion.

CC. No invasive procedures shall be performed on any patron. Invasive procedures include, but are not limited to: (1) application of electricity which contracts the muscle; (2) application of topical lotions, creams, or other substances which affect living tissue, such as chemical peel preparations or bleaches; (3) penetration of the skin by metal needles; (4) abrasion of the skin below the nonliving, epidermal layers; (5) removal of skin by means of any razor-edged instrument or other device or tool; and (6) any needle-like instrument which is used for the purpose of extracting skin blemishes and other similar procedures.

DD. All combs, brushes, and/or other personal items of grooming or hygiene that are provided for the use of patrons shall be either fully disposable and shall not be used by more than one patron, or shall be fully disinfected after each use.

EE. No patrons shall be allowed to use any shower facilities of the business or establishment unless such patrons are wearing slip-resistant sandals or flip-flops while in the shower compartment. All footwear such as sandals or flip-flops that are provided for the use of patrons shall be either fully disposable and shall not be used by more than one patron, or shall be fully disinfected after each use. (Ord. 1447 § 2 (part), 2012)

5.40.080 Physical facility and building code requirements.

The following physical facility and building code requirements shall be applicable to all nonexempt massage establishments, and to all massage establishments described in Section 4612(b)(1) of the California Business and Professions Code:

A. Except when there is no staff available to assure security for massage therapy patrons and staff who are behind closed doors, no massage therapy may be carried on behind locked, closed doors.

B. All doors to dressing rooms, toilet rooms and massage therapy rooms or cubicles shall open inward and shall be self-closing. Draw drapes, curtain enclosures, or accordion-pleated closures in lieu of doors are acceptable on all inner dressing rooms and massage therapy rooms or cubicles.

C. Minimum lighting equivalent to at least one forty-watt light shall be provided in each massage therapy room or cubicle.

D. A massage table shall be used for all massage therapy, with the exception of Thai, shiatsu, and similar forms of massage therapy, which may be provided on a padded mat on the floor, provided the patron is fully attired in loose clothing, pajamas, scrubs or similar style of garment. The tables should have a minimum height of eighteen inches. Beds, floor mattresses and waterbeds are not permitted on the premises of the business or establishment.

E. All locker facilities that are provided for the use of patrons shall be fully secured for the protection of the patron’s valuables, and the patron shall be given control of the key or other means of access.

F. The massage establishment shall comply with the following state building standards as adopted in the municipal code:

1. Have a system of adequate ventilation in accordance with the provisions of Section 705 of the Uniform Building Code of 1982, as referenced in Part 2, Chapter 7 of the matrix adoption tables, of Title 24 of the California Code of Regulations.

2. Have a supply of hot and cold running water in accordance with Part 5, Section 1001(d)(1), of Title 24 of the California Code of Regulations.

3. Have a supply of potable drinking water in accordance with Part 5, Section 1001(d)(3), of Title 24 of the California Code of Regulations.

4. Provide hand washing facilities in accordance with Part 5, Section 1001(d)(2), of Title 24 of the California Code of Regulations.

5. Provide public toilet rooms in accordance with Part 5, Sections 910(b) and 910(c), and Table No. C-1, of Title 24 of the California Code of Regulations.

G. The massage therapists, massage practitioners and massage establishments shall submit any change of address for purposes of providing notice.

H. Proof of massage malpractice insurance in the sum of no less than one million dollars shall be provided to the Chief of Police or his representative. (Ord. 1447 § 2 (part), 2012)

5.40.090 Attire and physical hygiene requirements.

The following attire and physical hygiene requirements shall be applicable to all massage therapists and massage practitioners who are employed or retained by a non-exempt massage establishment, or by a massage establishment described in Section 4612(b)(1) of the California Business and Professions Code:

A. All persons shall be clean and wear clean and sanitary outer garments at all times. All outer garments shall be of a fully opaque, nontransparent material and provide complete covering from at least the mid thigh to two inches below the collarbone. The midriff may not be exposed.

B. All persons shall thoroughly wash their hands with soap and water or any equally effective cleansing agent immediately before providing massage therapy to a patron. No massage therapy shall be provided upon a surface of the skin or scalp of a patron where such skin is inflamed, broken (e.g., abraded, cut) or where a skin infection or eruption is present.

C. No person afflicted with an infection or parasitic infestation capable of being transmitted to a patron shall knowingly provide massage therapy to a patron, or remain on the premises of a massage business or establishment while so infected or infested. Infections or parasitic infestations capable of being transmitted to a patron include, but are not limited to: (1) cold, influenza or other respiratory illness accompanied by a fever, until twenty-four hours after resolution of the fever; (2) streptococcal pharyngitis (“strep throat”), until twenty-four hours after treatment has been initiated and twenty-four hours after resolution of fever; (3) purulent conjunctivitis (“pink eye”), until examined by a physician and approved for return to work; (4) pertussis (“whooping cough”), until five days of antibiotic therapy has been completed; (5) varicella (“chicken pox”), until the sixth day after onset of rash or sooner if all lesions have dried and crusted; (6) mumps, until nine days after onset of parotid gland swelling; (7) tuberculosis, until a physician or local health department authority states that the person is noninfectious; (8) impetigo (bacterial skin infection), until twenty-four hours after treatment has begun; (9) pediculosis (head lice), until the morning after first treatment; and (10) scabies (“crabs”), until after treatment has been completed. Blood-borne diseases, such as HIV/AIDS and hepatitis B (HBV), shall not be considered infectious or communicable diseases for the purpose of this subsection. (Ord. 1447 § 2 (part), 2012)

5.40.100 Inspection by government officials.

A.  All nonexempt massage establishments, and all massage establishments described in Business and Professions Code Section 4612(b)(1), shall permit representatives of the County Health Department, the City of San Carlos Police Department, Fire Department, Community Development Department, and/or other City or County departments or agencies, to conduct a reasonable inspection of the public areas of and areas otherwise open to plain view on or within the premises, to the extent allowed by law and during the regular business hours of the business or establishment, for the purpose of ensuring compliance with State and local law, including, but not limited to, Chapter 10.5 (commencing with Section 4600) of the California Business and Professions Code, the requirements of this chapter, or other applicable fire and health and safety requirements.

B. All massage therapists and massage practitioners shall provide their full, true name, and other names used, date of birth, California driver’s license number or California identification number, Social Security number, present residence address, telephone number, their sex, height, weight, color of hair, and color of eyes. Such other identification and information shall be provided as required by the Chief of Police or his representative, necessary to confirm the identity of those claiming to hold a valid CAMTC certificate.

C. All massage therapists, massage practitioners and establishments shall provide a complete definition of all services to be provided.

D. All massage therapists, massage practitioners and massage establishments shall notify the Chief of Police of any intention to rename, change management, or convey the massage business or establishment to another person or entity.

E. Nothing in this section shall be deemed to prohibit the above-described government officials from pursuing any and all available legal remedies to secure entry into and inspection of the premises of the business or establishment if such entry is refused, or for any other reason allowed by law.

F. It is a violation of this chapter for the business or establishment to prohibit or interfere with such lawful inspection of the premises at any time it is open for business. (Ord. 1447 § 2 (part), 2012)

5.40.110 Owner and operator responsibility—Denial, revocation, restriction or suspension of business registration.

The following provisions shall apply to all nonexempt massage establishments, and all massage establishments described in Section 4612(b)(1) of the California Business and Professions Code:

A. For the purpose of enforcement of the requirements of this chapter, all owners and operators of the business or establishment shall be responsible for the conduct of all of its employees, agents, independent contractors or other representatives, while on the premises of the business or establishment or providing massage therapy.

B. Notwithstanding Chapter 5.04, the City may:

1. Require the massage establishment in its application for a business registration, or for the renewal of a business registration, to provide relevant information to the activities of the business or establishment regulated by this chapter;

2. Make reasonable investigations into the information so provided;

3. Charge a business registration fee sufficient to cover the costs of the business licensing activities regulated by this chapter; and

4. Deny, revoke, restrict or suspend a business registration for either of the following causes: (a) an employee, agent, independent contractor or other representative of the business or establishment has committed a violation of this chapter, or of Chapter 10.5 (commencing with Section 4600) of Division 2 of the California Business or Professions Code; or (b) the business or establishment has provided materially false information in its application for a business registration. (Ord. 1447 § 2 (part), 2012)

5.40.120 Remedies cumulative—Each day a separate offense.

Any person subject to this chapter who personally, or through an agent, employee, independent contractor or other representative, violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such violation is committed, continued or permitted by such person. All remedies provided herein shall be cumulative and not exclusive. (Ord. 1447 § 2 (part), 2012)

5.40.130 Public nuisance.

Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is hereby declared a public nuisance and, as such, may be abated or enjoined from further operation pursuant to the municipal code. (Ord. 1447 § 2 (part), 2012)

5.40.140 Criminal penalties.

Any person subject to this chapter who personally, or through an agent, employee, independent contractor or other representative, violates any provision of this chapter commits a misdemeanor. Any person convicted of a misdemeanor shall be subject to punishment by fine and/or imprisonment to the maximum extent permitted by State law. (Ord. 1447 § 2 (part), 2012)

5.40.150 Civil injunction.

The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the City, create a cause for injunctive relief. (Ord. 1447 § 2 (part), 2012)

5.40.160 Inspections.

Massage establishments shall permit the City to conduct reasonable inspections during regular business hours to ensure compliance with State and local laws, including but not limited to this chapter and California Business and Professions Code Sections 4600 through 4620, or applicable fire and health and safety requirements. (Ord. 1447 § 2 (part), 2012)

5.40.170 Zoning.

Massage therapy and massage establishments shall be considered a personal service as defined in Sections 18.06.020 and 18.23.170 for purposes of the Zoning Ordinance. (Ord. 1447 § 2 (part), 2012)