HomeMy WebLinkAbout8.1 Att 1 Draft Amendments to Chapter 4.20 Chapter 4.20
MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES
Sections:
Article I. General Provisions
4.20.010 Definitions
4.20.020 Exemptions
4.20.030 Massage Performed by Students to Members of the Public
4.20.040 Violations of Misdemeanor and a Nuisance
Article II. Massage Establishments
4.20.050 Permit—Required
4.20.060 Application Procedure & Requirements
4.20.070 City Massage Establishment Permit Fee Required
4.20.080 Permit—Issuance or Denial
4.20.090 Permit—Grounds for Denial
4.20.100 Permit—Display Requirements
4.20.110 Revocation or Suspension—Reasons
4.20.120 Revocation or Suspension City Massage Establishment Permit—Hearing Procedure
4.20.130 Permit Nontransferable
4.20.140 Appeal Procedure
4.20.150 Requirements—Massage Establishments
4.20.160 CAMTC Certification Required
4.20.170 Employees—Age Requirement
4.20.180 Daily Register Required
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ATTACHMENT 1
4.20.190 Advertising Restrictions
4.20.200 Massage Establishment Inspections
4.20.210 Massage by Customer Prohibited
4.20.220 Outcall Massage Services Prohibited
Article III. Massage Therapists
4.20.230 City Massage Therapist Registration—Required
4.20.240 Registration Procedure & Requirements
4.20.250 CAMTC Certification; Exceptions
4.20.260 Continuing Registration Requirements
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Article I. General Provisions
4.20.010 Definitions.
Unless the provision or context otherwise requires, the definitions contained herein shall govern
the construction of this Chapter:
"Applicant" means any person who applies for a permit as required by this Chapter.
"California Massage Therapy Council" or"CAMTC"means the Massage Therapy Organization
created pursuant to Section 4600.5 of the California Business and Professions Code and further
defined in Section 4600 of that code.
"Certified Massage Therapist" means a Massage Therapist certified by the CAMTC as a
Certified Massage Practitioner or as a Certified Massage Therapist pursuant to Section 4601(b)
or 4601(c) of the California Business and Professions Code.
"City Massage Establishment Permit"means a permit issued to a Massage Establishment by the
Permit Administrator in accordance with this Chapter.
"Employee" means any person, other than a Massage Therapist, who renders any service to the
Permittee, who receives compensation directly from the Permittee, and who has no physical
contact with the customers and clients.
"Massage" means any method of pressure on or friction against, or stroking, kneading, rubbing,
tapping, pounding, vibrating, or stimulating of the external parts of the body with the hands or
with the aid of any mechanical or electrical apparatus or appliance, with or without such
supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment
or other similar preparation commonly used in this practice.
"Massage Establishment"means any establishment having a fixed place of business where any
person engages in or carries on or permits to be engaged in or carried on any of the activities
described in the definition of"Massage" set out in this Section.
"Massage Therapist" means any person who, for any consideration whatsoever, engages in the
practice of Massage as herein defined.
"Outcall Massage Service" means engaging in or carrying on the practice of massage, not at a
fixed location licensed such as a Massage Establishment, but at a location designated by the
Permittee, Massage Therapist, customer or client.
"Permit Administrator" means the Chief of Police or his/her designee.
"Permittee" means any person operating or maintaining a Massage Establishment.
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4.20.020 Exemptions.
This Chapter shall not apply to the following classes of individuals while engaged in the
performance of the duties of their respective professions:
A. Physicians, surgeons, chiropractors, osteopaths, podiatrists, physical therapists, nurses, or
any other person licensed to practice any healing art under the provisions of Division 2
(commencing with Section 500) of the Business and Professions Code when engaging in such
practice within the scope of his or her license.
B. Trainers of any amateur, semi-professional, or professional athlete or athletic team, so
long as such persons do not practice Massage as their primary occupation at any location where
they provide such services in the City.
C. Barbers, estheticians and cosmetologists who are duly licensed under the laws of the
State of California, while engaging in practices within the scope of their licenses.
D. Individuals in the City temporarily for educational events.
E. Individuals administering Massages or health treatments involving Massage to persons
participating in road races, track meets, triathlons, educational events, conferences or similar
single-occurrence athletic, recreational, or educational events.
F. Enrolled students of a school of massage when they are performing Massage within the
City as part of a formal supervised internship or training program operated by the school, without
compensation other than school credit, on the premises of a Massage Establishment duly
authorized to operate pursuant to the terms of this Chapter; and provided that the Permittee has
first notified the Permit Administrator in writing of the name, residence address, and school of
the students and the dates of the trainings. If, however, Massage is provided for a fee to members
of the public by students enrolled in a school of massage, services must be performed in
accordance with Section 4.20.030.
4.20.030 Massage Performed by Students to Members of the Public.
Any student of a school of massage who performs Massage on members of the public for a fee,
must perform services under the direct supervision of a Certified Massage Therapist.
4.20.040 Violations of a Misdemeanor and a Nuisance.
Any Massage provided or Massage Establishment operated, conducted, or maintained contrary to
the provisions of this Chapter shall be, and the same is hereby declared to be, a misdemeanor and
a public nuisance, and the City Attorney 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. Such remedies shall be in
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addition to any other judicial and administrative penalties and remedies available to the City
under this Code or state or federal law.
Article II. Massage Establishments
4.20.050 Permit—Required.
A. No establishment shall offer Massage services without having first obtained a City
Massage Establishment Permit in accordance with the provisions of this Chapter.
B. A separate City Massage Establishment Permit must be obtained for each branch location
where Massage services are carried out.
C. The Massage Establishment Permit shall be renewed every two years.
4.20.060 Application Procedure & Requirements.
An application for a Massage Establishment Permit shall be submitted to the Permit
Administrator on forms provided by the Permit Administrator. Such forms shall require
submission of the following information:
A. The exact nature of the Massage to be administered, the proposed place of business and
facilities therefor, and the name and address of the Applicant. The application shall include the
name and street address of the owner and lessor of the real property on which the Massage
Establishment is operated. In the event the Applicant is not the legal owner of the property on
which the Massage Establishment is located, the application shall be accompanied by a copy of
the lease and an acknowledgement from the owner of the property that a Massage Establishment
is located on the property;
B. The two (2) previous addresses immediately prior to the present address of the Applicant;
C. Written proof that the Applicant is at least eighteen(18) years of age;
D. Applicant's height, weight, color of eyes and hair;
E. Two (2) color portrait photographs of the Applicant at least two inches by two inches (2"
X 2");
F. Business, occupation, or employment of the Applicant for the three (3) years immediately
preceding the date of application;
G. The Massage or similar business license history of the Applicant; whether such person, in
previously operating in this or another city, county 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;
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H. Proof of an unexpired Business License or proof of current application for Business
License in the City.
I. All criminal convictions except minor traffic violations and any criminal charges pending
against the Applicant at the time of submission of the application, other than misdemeanor traffic
citations, including the name and address of the court in which the charge is pending and any
applicable case numbers;
J. Fingerprints of the Applicant;
K. The driver's license number of the Applicant, including a copy of a driver's license or
other state issued identification card and copy of either 1) a certified copy of a birth certificate or
2) passport;
L. A statement whether the Applicant has failed to pay any judgment arising from or
connected with the activities that would be authorized by the permit;
M. Such other identification and information as deemed necessary by the Permit
Administrator; and
N. All Massage Establishments must demonstrate practitioner's liability insurance coverage
in the amount of a minimum of$2,000,000.00 per event at all times when performing massage
activities. The coverage must be held in the name of the Massage Establishment or Massage
Therapist authorized to perform massage.
4.20.070 City Massage Establishment Permit Fee Required.
No City Massage Establishment Permit shall be issued hereunder until the appropriate fee has
been paid. The fee for a City Massage Establishment shall be as established by the City Council
by resolution.
4.20.080 Permit—Issuance or Denial.
The Permit Administrator shall, within thirty(30) days after receipt of an application complying
with all the provisions of this Chapter, issue a permit or deliver to the Applicant, personally or by
mail, written notice of denial of the permit, setting forth the reason or reasons therefor, in
accordance with the provisions of Section 4.20.090.
4.20.090 Permit—Grounds for Denial.
The Permit Administrator shall deny the permit if he/she finds:
A. That any information contained in or submitted with the application is not true, contains
material misrepresentations, or if relevant or material information is omitted from the
application; or
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B. That the operation as proposed by the Applicant would not comply with any provision of
this Chapter or any other ordinance or regulation of the City or any statute or regulation of the
State of California; or
C. That any person who would be directly engaged in the management and operation of the
Massage Establishment has been convicted of any of the following offenses or convicted of an
offense outside of the State of California that would have constituted any of the following
offenses if committed within the State of California:
1. An offense involving the use of force and violence upon the person of another that
amounts to a felony.
2. An offense involving sexual misconduct or an offense involving conduct which
requires registration under California Penal Code Section 290.
3. An offense as defined in California Penal Code Sections 315, 316, 318 or 647(b)
or 647b and as said statues may be amended in the future, theft or fraud related offenses,
convictions under California Penal Code Section 11225 et seq., or crimes that are
designated in California Government Code Section 51032(b) and as that statue may be
amended in the future or conviction of any other state or federal offense involving
dishonesty, fraud, deceit, violence or moral turpitude or conspiracy to commit any of the
offenses designated above. Convictions that have been expunged shall also be reported;
or
D. That, for any other reason, the operation as proposed would be detrimental to the public
peace, health, safety, morals or welfare or to neighboring property; or
E. That the proposed name of the business for the establishment suggests that the
establishment will offer or practice any service or activities proscribed under the provisions of
this Chapter.
4.20.100 Permit—Display Requirements.
Every Massage Establishment Permit issued pursuant to the provisions of this Chapter shall at all
times be displayed in a conspicuous place within the Massage Establishment.
4.20.110 Revocation or Suspension—Reasons.
Any City Massage Establishment Permit issued pursuant to this Chapter may be suspended or
revoked by the Permit Administrator after a hearing, where it is found by clear and convincing
evidence that any of the following have occurred:
A. Finding of Violation. The person(s) to whom the City Massage Establishment Permit has
been issued, or any person employed or retained by the Massage Establishment, has been found
to have violated any provision of this Chapter; or
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B. Prohibited Conduct. The Permittee, or any person employed or retained by the Massage
Establishment has been convicted in a court of competent jurisdiction of having violated, or has
engaged in conduct constituting a violation of, any of the following: California Penal Code
Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22, or
conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the
State of California that is the equivalent of any of the aforesaid offenses; or
C. Registration under Penal Code Section 290. The Permittee or any person employed or
retained by the Massage Establishment is required to register under Section 290 of the California
Penal Code as result of conduct while working in or for the Massage Establishment; or
D. Nuisance Injunction. The Permittee has been subject to a permanent injunction against
the conducting or maintaining of a nuisance pursuant to this code, or Section 11225 through
11235 of the California Penal Code, or any similar provision of law in any jurisdiction outside
the State of California; or
E. Fraud or Misrepresentation. The Permittee or any Employee has engaged in fraud or
misrepresentation or has knowingly made a misstatement of material fact while working in or for
the Massage Establishment; or
F. Operation during Suspension. The Permittee has continued to operate the Massage
Establishment after the City Massage Establishment Permit or Establishment Registration
Certificate has been suspended; or
G. Massage without Certification. Massage has been performed on the premises with or
without the Permittee's actual knowledge, by any person who is not a duly authorized Certified
Massage Therapist; or
H. Prohibited Acts. There have been one or more acts prohibited under California Penal
Code Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22
taking place on the premises, whether or not any criminal prosecution has been pursued or
conviction obtained for such acts, and whether or not they occurred with or without the actual
knowledge of the Permittee; or
I. Sexual Touching. The Permittee or any person employed or retained by the Massage
Establishment or any other person on the premises of the Massage Establishment has engaged in
conduct or committed acts that a reasonable person in a patron's position would understand as an
offer to perform on or engage in with the patron acts that are sexual in nature or that involve
touching of the patron's genitals, pubic area, anus, and areola; or
J. Negligent Supervision. The Permittee failed to provide adequate supervision of the
Massage Establishment, resulting in a pattern of at least three violations of this Code or state or
federal law.
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4.20.120 Revocation or Suspension of City Massage Establishment Permit—Hearing
Procedure.
A. Written Notice Required. The Permit Administrator, before revoking or suspending any
Establishment Registration Certificate, shall give the Permittee at least ten (10) business days'
written notice of the alleged grounds for revocation or suspension and shall conduct a hearing in
the matter of whether the Permit or Certificate shall be revoked or suspended. The hearing shall
be conducted at least ten (10)business days from the date of written notice which shall be
provided in the following manner:
1. Service of Notice and Order. All notices shall be posted on the property and also
served upon the record owner and any tenant. A copy of the notice shall also be served
on each of the following if known to the Permit Administrator or disclosed from official
public records: the holder of any mortgage or deed of trust or other lien or encumbrance;
the owner or holder of any lease; and the holder of any other estate or legal interest of
record in or to the building or the land on which it is located. The failure of the Permit
Administrator to serve any person required herein to be served shall not invalidate any
proceedings hereunder as to any other person duly served to relieve any such person from
any duty or obligation imposed by the provisions of this Section.
2. Method of Service. Service shall be made upon all persons entitled thereto either
personally or by mailing a copy by First Class U.S. Mail to each such person at their
address as it appears on the last equalized assessment roll of the county or as known to
the Permit Administrator. If no address of any such person appears or is known to the
Permit Administrator, then a copy shall be mailed to the address of the parcel of land
involved in the proceedings. The failure of any such person to receive such notice shall
not affect the validity of any proceedings taken under this Section. Service shall be
effective on the date of the mailing.
3. Proof of Service. At the time of service, each person affecting service shall
complete a written declaration under penalty of perjury, which declares the time, date and
manner in which service was made. The declaration shall be affixed to the copy of the
notice and order retained by the Permit Administrator.
B. Hearing. The Permit Administrator shall consider all evidence at the hearing. The
hearing may, after being commenced within the time specified pursuant to subsection (A) of this
Section,be continued for good cause by the Permit Administrator from time to time. The Permit
Administrator shall, at the conclusion of the hearing, make findings of fact based upon the
evidence submitted and shall decide whether or not the Permit or Certificate shall be revoked or
suspended.
C. Notice of Decision. The Permit Administrator's written notice of decision shall be served
on the Permittee, within thirty(30) business days of the conclusion of the hearing, in the manner
provided in Section 4.20.120(A)(2) of this Code, and, in the case of a revocation or suspension,
such Notice of Decision shall indicate the appeal procedures as set forth hereinafter.
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4.20.130 Permit Nontransferable.
No permit issued pursuant to the provisions of this Chapter is transferable to any other person or
location.
4.20.140 Appeal Procedure.
An Applicant or Permittee may appeal any action or determination of the Permit Administrator
under the provisions of this Chapter to the City Manager pursuant to the provisions of Section
1.04.050 by filing written notice thereof with the City Clerk not later than ninety-six (96) hours
after the delivery of any written notice given by the Permit Administrator. The effect of
revocation of a permit shall be suspended by the filing of a notice of appeal until the
determination of the appeal by the City Manager.
4.20.150 Requirements—Massage Establishments.
A. Operational Requirements. Except as otherwise specifically provided in this Chapter, the
following operational requirements shall be applicable to all Massage Establishments located
within the City:
1. No Massage Establishment shall be open for business between the hours of ten
p.m. (10:00 p.m.) of one day and seven a.m. (7:00 a.m.) of the following day. Massage
begun any time before 10:00 p.m. must nevertheless terminate at 10:00 p.m. The hours of
operation shall be displayed in a conspicuous public place in the reception area and in
any front window clearly visible from outside of the Massage Establishment.
2. Patrons and visitors shall be permitted in the Massage Establishment only during
the hours of operation.
3. Except for a patron who is inside a room for the purpose of receiving a Massage,
no patrons or visitors shall be permitted in or on the Massage Establishment premises at
any time who are less than fully clothed in outer garments of nontransparent material, or
who display or expose themselves in underclothing or similar intimate apparel.
4. During the hours of operation, visitors shall not be permitted in Massage rooms
except as follows: a) the parents or guardian of a patron who is a minor child may be
present in the room with that minor child; b) the minor child of a patron may be present
in the room with the patron when necessary for the supervision of the child; and c) the
conservator, aid, or other caretaker of a patron who is elderly or disabled may be present
in the room with that elderly or disabled person.
5. During the hours of operation, patrons shall be permitted in Massage rooms only
if at least one duly authorized Certified Massage Therapist is present on the premises of
the Massage Establishment.
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6. A list of services available and the cost of such services shall be posted in an open
and conspicuous public place on the premises, or provided to patrons before services are
rendered. The services shall be described in English and may also be described in such
other languages as may be convenient. No person employed or retained by the Massage
Establishment shall offer to perform, any services or fees other than those posted.
7. For all Employees employed or retained by the Certified Massage Establishment
who provide Massage, the following document shall be available to City staff upon
inspection pursuant to Section 4.20.200: (i) a valid permit from the CAMTC.
B. Physical Facility and Building and Fire Code Requirements. Except as otherwise
specifically provided in this Chapter, the following physical facility and building code
requirements shall be applicable to all Massage Establishments located within the City:
1. Front Door and Reception Area. One front door shall be provided for patron
entry, which shall open to an interior patron reception and waiting area immediately
inside the front door. All patrons and any persons other than individuals employed or
retained by the Massage Establishment shall be required to enter and exit through the
front door.
2. Visibility. 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.
3. Locks. All interior doors, including rooms or cubicles in which Massage occurs,
but excluding individual dressing rooms and toilet rooms, shall be incapable of being
locked and shall not be blocked to prevent opening. Draw drapes, curtain enclosures, or
accordion-pleated closures in lieu of doors are acceptable on all inner rooms or cubicles.
4. Lighting. Minimum lighting equivalent to at least one 40-watt light shall be
provided in each room or cubicle in which Massage is provided.
5. Tables, Mats, and Beds. A massage table shall be used for all Massage, with the
exception of"Thai," "Shiatsu," and similar forms of 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. Massage tables shall have a minimum height of 18
inches. Beds, floor mattresses, and waterbeds are not permitted on the premises of the
Massage Establishment, and no Massage Establishment shall be used for residential or
sleeping purposes.
6. Lockers. All locker facilities that are provided for the use of patrons shall be fully
secured for the protection of the patrons' valuables, and each patron shall be given
control of the key or other means of access.
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7. Building and Fire Codes. The Massage Establishment shall comply with all
applicable state and local building standards (as adopted in Title 7 of this Code) and the
fire code(as adopted in Title 5 of this Code).
C. Health and Safety Requirements. Except as otherwise specifically provided in this
Chapter, the following health and safety requirements shall be applicable to all Massage
Establishments located within the City:
1. Towels and Linens. The Massage 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 been used once, it shall be deposited in a closed receptacle
and not used again until properly laundered and sanitized. Towels, coverings, and linens
shall be laundered either by regular commercial laundering, or by a noncommercial
laundering process that includes immersion in water at least 140 degrees Fahrenheit for
not less than 15 minutes during the washing or rinsing operation. Clean towels,
coverings, and linens shall be stored in closed, clean cabinets when not in use.
2. Cleaning and Disinfecting. All rooms or cubicles, wet and dry heat rooms, toilet
rooms, shower compartments,hot tubs, and pools shall be thoroughly cleaned and
disinfected as needed, and at least once each business day when the premises are open
and such facilities are in use. All bathtubs shall be thoroughly cleaned and disinfected
after each use.
3. Liquids, Creams, and Powders. 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.
4. Invasive Procedures. No invasive procedures shall be performed on any patron.
Invasive procedures include,but are not limited to: (a) application of electricity that
contracts the muscle; (b)penetration of the skin by metal needles; (c) abrasion of the skin
below the nonliving, epidermal layers; (d) removal of skin by means of any razor-edged
instrument or other device or tool; (e) use of any needle-like instrument for the purpose
of extracting skin blemishes; and (f) other similar procedures.
5. Garments Provided to Patrons. All bathrobes, bathing suits, and/or other
garments that are provided for the use of patrons shall be either fully disposable and not
used by more than one patron, or shall be laundered after each use pursuant to subsection
1 of this Section.
6. Combs and Brushes. All combs, brushes, and/or other personal items of
grooming or hygiene that are provided for the use of patrons shall be either fully
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disposable and not used by more than one patron, or shall be fully disinfected after each
use.
7. Footwear. No patrons shall be allowed to use any shower facilities of the
Massage 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 either shall be fully disposable and not used by more than
one patron, or shall be fully disinfected after each use.
8. Draping and Contact with Genitals. 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 Massage Establishment is in the
massage therapy room or cubicle with the patron. No Massage 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.
9. Alcohol. No alcoholic beverages shall be sold, served, or furnished to any patron;
nor shall any alcoholic beverages be kept or possessed on the premises of a Massage
Establishment.
D. Attire and Hygiene. The following attire and physical hygiene requirements shall be
applicable to all Employees, and any other persons who work permanently or temporarily on the
premises of a Massage Establishment within the City, including,but not limited to, all persons
who are employed or retained to practice Massage:
1. Garments. All persons shall 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.
2. Exposure. No Operator, Employee, or visitor shall, while on the premises of a
Massage Establishment, and while in the presence of any patron, customer, Employee or
visitor, expose his or her genitals,buttocks, or chest.
3. Clean Skin. All persons shall thoroughly wash their hands with soap and water or
any equally effective cleansing agent immediately before providing Massage. No
Massage shall be provided upon a surface of the skin or scalp of a patron where such skin
is inflamed,broken (e.g., abraded or cut), or where a skin infection or eruption is present.
E. Display of Permits and Certifications. Each person employed or retained to perform
Massage in or on the premises shall display on his or her person a copy of the valid photograph-
bearing identification card issued to that Employee by the CAMTC. A copy of each such
identification card shall also be displayed in an open and conspicuous place visible from the
entrance and/or reception and waiting area of the Massage Establishment. The home address of
any Employee need not be displayed.
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4.20.160 CAMTC Certification Required.
Massage Establishments within the City shall only employ CAMTC certified Massage
Therapists. Certification as a Certified Massage Therapist must be conspicuously posted within
the Massage Establishment.
4.20.170 Employees—Age Requirement.
No Permittee shall employ either as a Massage Therapist or other Employee any person under
the age of eighteen (18) years.
4.20.180 Daily Register Required.
Every Permittee shall keep a daily register, approved as to form by the Permit Administrator, of
all patrons, with names, addresses and hours of arrival and the rooms or cubicles assigned, if any.
The daily register shall at all times during business hours be subject to inspection by the Permit
Administrator, and shall be kept on file for one (1) year.
4.20.190 Advertising Restrictions.
No Massage Establishment granted a permit under the provisions of this Chapter 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 patrons that
any service is available other than those services described in Section 4.20.010 ("Massage") nor
shall any Massage Establishment indicate in the text of such advertising that any service is
available other than those services described in Section 4.20.010 ("Massage").
4.20.200 Massage Establishment Inspections.
A. The Permit Administrator shall have the right to enter any Massage Establishment during
regular business hours, without a search or inspection warrant, to make reasonable inspection to
ascertain whether there is compliance with provisions of this Chapter.
B. The Massage Establishment shall take immediate action to correct each violation noted
by the Permit Administrator. A re-inspection will be performed within thirty (30)business days
to ensure that each violation noted by the Permit Administrator has been corrected.
4.20.210 Massage by Customer Prohibited.
No customer or client of a Massage Establishment shall Massage a Massage Therapist, or any
other person within a Massage Establishment.
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4.20.220 Outcall Massage Services Prohibited.
No person shall engage in Outcall Massage Services. Outcall massage shall not include Massage
provided by any person licensed under Business and Professions Code Section 2135 through
2139 (medicine), 2630 or 2639 (physical therapy), 2732.1, 2733 or 2742 (nursing), or under the
Chiropractic Initiative Act of 1922.
Article III. Massage Therapists
4.20.230 City Massage Therapist Registration—Required.
Except for any person licensed under Business and Professionals Code Sections 2135 through
2139 (medicine), 2630 or 2639 (physical therapy), 2732.1, 2733 or 2742 (nursing) or under the
Chiropractic Initiative Act of 1922, no person shall, in or upon any premises in the City, act in
the capacity of a Massage Therapist without first having registered with the Permit Administrator
in accordance with the provisions of this Chapter.
4.20.240 Registration Procedure & Requirements.
Each Massage Therapist will adhere to the certification rules and regulations set forth by the
CAMTC.
Massage Therapists must complete all registration forms provided to him/her by the Permit
Administrator. Massage Therapists shall come into the City every two years to demonstrate that
they have re-certified their state certification.
Such forms shall require submission of the following information:
A. The name and residence address of the Massage Therapist;
B. The name and address of the CAMTC certified school attended, the dates attended and a
copy of the diploma or certificate of graduation awarded the applicant showing the applicant has
completed coursework necessary to achieve CAMTC Certification;
C. All the information required by subsections B through M of Section 4.20.060;
D. The full name, street address, and telephone number, of all other business premises in
which the Massage Therapist administers Massage;
E. If applicable, any other name(s) or nicknames used by the Massage Therapist; and
F. Primary language(s), if other than English.
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4.20.250 CAMTC Certification; Exceptions
As set forth in Sections 4.20.160 and 4.20.240, only CAMTC certified Massage Therapists are
permitted to register with the City and work at Massage Establishments.
In limited circumstances, a Massage Therapist without CAMTC certification may practice
Massage in the City, but only if he or she obtains written permission from the Permit
Administrator. Requests must be made in writing and clearly set forth the circumstances
surrounding the request.
A letter approving or denying such request will be made in writing within 30 days. Decisions are
made at the sole discretion of the Permit Administrator, are final, and are not subject to appeal.
4.20.260 Continuing Registration Requirements.
Upon a change in location or premises or addition of premises in which the Massage Therapist
administers Massage, the Certified Therapist shall update his or her registration with the Permit
Administrator.
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