HomeMy WebLinkAboutItem 4.03 Amend Muni Code Massage Svcs or
19 82 STAFF REPORT CITY CLERK
` CITY COUNCIL File #450-20
DATE: July 21, 2015
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager "
SUBJECT: Amendments to Dublin Municipal Code Chapter 4.20 (Massage Establishments
Massage Services), Chapter 8.08 (Definitions) and Chapter 8.12 (Zoning Districts
and Permitted Uses of Land)
Prepared by Martha Aja, Environmental Coordinator
EXECUTIVE SUMMARY:
Assembly Bill 1147 provided counties and cities with additional regulatory control of Massage
Establishments. An amendment to Chapter 4.20 (Massage Establishments and Massage
Services) is intended to ensure that our Ordinance is compliant with current State law and
provides adequate means for the City to regulate Massage Establishments. Staff is also
proposing companion amendments to the Zoning Ordinance (Chapter 8) to ensure consistency
with Chapter 4.20. The proposed amendments to Chapter 8 would add and amend definitions
and allow Massage Establishments by-right in certain Commercial Zoning Districts.
FINANCIAL IMPACT:
No financial impact.
RECOMMENDATION:
Staff recommends that the City Council waive the reading and adopt an Ordinance amending
Chapter 4.20 (Massage Establishments and Massage Services), Chapter 8.08 (Definitions) and
Chapter 8.12 (Zoning Districts and Permitted Uses of Land) of the Dublin Municipal Code to
regulate Massage Establishments and Massage Services within the City of Dublin.
ubmitte° By Reviewed By
Public Works Director Assistant City Manager
DESCRIPTION:
In recent years there have been several pieces of State legislation that have affected the
regulation of massage establishments within the State of California, including Senate Bill (SB)
731 and Assembly Bill (AB) 1147.
Page 1 of 2 ITEM NO. 4.3
In light of the recently adopted State legislation, Staff from Community Development, Dublin
Police Services and the City Attorney's Office has proposed amendments to Chapter 4.20
(Massage Establishments and Massage Services). The proposed Ordinance amendments are
intended to ensure that our Ordinance is compliant with current State law and provides
adequate means for the City to regulate Massage Establishments. Staff is also proposing
companion amendments to Chapter 8 (Zoning Ordinance) of the Dublin Municipal Code to
ensure consistency with the amended Chapter 4.20. The proposed Ordinance would apply to
all existing and future Massage Establishments.
One June 16, 2015, the City Council waived the reading and introduced the Ordinance
amending Chapter 4.20 (Massage Establishments and Massage Services), Chapter 8.08
(Definitions) and Chapter 8.12 (Zoning Districts and Permitted Uses of Land) of the Dublin
Municipal Code to regulate Massage Establishments and Massage Services within the City of
Dublin. Please refer to the June 16, 2015 City Council Staff Report for a complete discussion of
this Ordinance (Attachment 1). The City Council is currently requested to waive the second
reading and adopt the Ordinance (Attachment 2).
ATTACHMENTS: 1. City Council Staff Report dated June 16, 2015 (without attachments).
2. Ordinance amending Chapter 4.20 (Massage Establishments and
Massage Services), Chapter 8.08 (Definitions) and Chapter 8.12
(Zoning Districts and Permitted Uses of Land) and of the Dublin
Municipal Code to regulate Massage Establishments and Massage
Services within the City of Dublin.
Page 2 of 2
or
19 82 STAFF REPORT CITY CLERK
` CITY COUNCIL File #450-20
DATE: June 16, 2015
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager "
SUBJECT: Amendments to Dublin Municipal Code Chapter 4.20 (Massage Establishments
Massage Services), Chapter 8.08 (Definitions) and Chapter 8.12 (Zoning Districts
and Permitted Uses of Land)
Prepared by Martha Aja, Environmental Coordinator
EXECUTIVE SUMMARY:
Assembly Bill 1147 provided counties and cities with additional regulatory control of Massage
Establishments. An amendment to Chapter 4.20 (Massage Establishments and Massage
Services) is intended to ensure that the City's ordinance is compliant with current State law and
provides adequate means for the City to regulate Massage Establishments. Staff is also
proposing companion amendments to the Zoning Ordinance (Chapter 8) to ensure consistency
with Chapter 4.20. The proposed amendments to Chapter 8 would add and amend definitions
and allow Massage Establishments by-right in certain Commercial Zoning Districts pursuant to
State law.
FINANCIAL IMPACT:
No financial impact.
RECOMMENDATION:
Staff recommends that the City Council conduct the public hearing, deliberate, waive the
reading and INTRODUCE an Ordinance Amending Chapter 4.20 (Massage Establishments and
Massage Services), Chapter 8.08 (Definitions) and Chapter 8.12 (Zoning Districts and Permitted
Uses of Land) of the Dublin Municipal Code to regulate Massage Establishments and Massage
Services within the City of Dublin.
Submitted By 'Reviewed By
Community Development Director Assistant City Manager
DESCRIPTION:
In recent years there have been several pieces of state legislation that have affected the
regulation of massage establishments within the State of California, including Senate Bill (SB)
731 and Assembly Bill (AB) 1147.
Page 1 of 4 ITEM NO. 6.1
SIB 731 was signed into law in 2008. This legislation resulted in the formation of the California
Massage Therapy Council (CAMTC), which was tasked with overseeing state wide certification
of massage therapists. SIB 731 limited what counties and cities could do to regulate massage
establishments. The legislation prohibited local governments from regulating massage
businesses differently from other professional services, such as a hair salon or nail salon.
Additionally, local governments were prohibited from requiring certified massage therapists to
obtain further permits, licenses or authorization to practice or open a massage establishment.
There were unintended consequences of SIB 731, most notably the proliferation of massage
establishments and illicit activity in conjunction with those establishments throughout the State.
SIB 731 expired on January 1, 2015.
AB 1147 became effective on January 1, 2015. AB 1147 reinstates local government regulatory
control over certain aspects of massage businesses, most importantly its land use authority. AB
1147 also expands the authority of counties and cities to regulate massage businesses through
operating standards, and permit, licensing, and certification requirements. AB 1147 also
provides that the California Massage Therapy Council may deny certification and discipline
certificate holders.
In light of the recently adopted State legislation, Staff from Community Development, Dublin
Police Services and the City Attorney's Office has proposed amendments to Chapter 4.20
(Massage Establishments and Massage Services) for consideration by the City Council. The
proposed ordinance amendments are intended to ensure that our ordinance is compliant with
current State law and provides adequate means for the City to regulate Massage
Establishments. Staff is also proposing companion amendments to Chapter 8 (Zoning
Ordinance) of the Dublin Municipal Code to ensure consistency with the amended Chapter 4.20.
The draft Ordinance with these amendments is included as Attachment 1 of this Staff Report.
ANALYSIS:
Chapter 4.20 (Massage Establishments and Massage Services)
The proposed ordinance amendments to Chapter 4.20 are intended to ensure that our
ordinance is compliant with current State law and provides adequate means for the City to
regulate Massage Establishments. The proposed ordinance would apply to all existing and
future Massage Establishments.
Most notably, the proposed ordinance (Section 4.20.150) would regulate the operating
characteristics, physical design of interior improvements, and health and safety requirements for
customers and employees. Every massage establishment would be required to obtain a
Massage Establishment Permit issued by Dublin Police Services (Section 4.20.050). The
ordinance further requires all Massage Therapists to be certified by the California Massage
Therapy Council (CAMTC) (Section 4.20.160) and register with Dublin Police Services (Section
4.20.230). The proposed ordinance also establishes a procedure for Dublin Police Services to
revoke or suspend an existing permit with a 10-day notice (Section 4.20.120). Decisions to
deny, suspend or revoke a permit are appealable to the City Manager (Section 4.20.140).
The ordinance also prohibits Outcall Massage Services, which is defined as carrying on the
practice of massage, not at a fixed location such as a Massage Establishment, but at a location
designated by the Massage Therapist, customer or client (Section 4.20.220).
Page 2 of 4
The provision of the ordinance requiring all Massage Therapists to be CAMTC certified would
take effect six months after the ordinance is adopted. This purpose of this bridge period is to
give Massage Therapists time to complete any necessary training and obtain their CAMTC
certification. During this bridge period, Massage Therapists working within the City without
CAMTC certification would be required to meet the minimum requirements set forth in the
previous code (certificate of graduation from approved school and possess a valid permit to
practice massage from the Chief of Police).
The proposed amendments to Chapter 4.20 are included within the draft ordinance, which is
attached to this Staff Report (Attachment 1, Section 4 — pages 3-16).
Chapter 8.08 (Definitions)
The definition of "Massage" contained in Section 8.08.020 of the Dublin Municipal Code is
revised to read as follows:
"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.
The following new definitions are proposed to be added to Section 8.08.020 (Definitions) as
fol lows:"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.
Chapter 8.12 (Zoning Districts and Permitted Uses of Land)
Staff is proposing to amend Section 8.12.050 (Permitted and Conditionally Permitted Land
Uses) to change future Massage Establishments from being a conditionally permitted use to a
permitted use in the C-N, C-1 and C-2 Zoning Districts and comparable Planned Development
Zoning Districts. The requirement to obtain a CUP to regulate the operation of massage
establishments is not necessary because the proposed amendments to Chapter 4.20 would
regulate the operating characteristics.
The following row of the "Land Use Matrix" table in Section 8.12.050 is proposed to be amended
as follows (strikeout is the existing text and the underlined text is new):
COMMERCIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
Massage Establishment - - - - - P P P - - -
Page 3 of 4
Planning Commission Action
On May 26, 2015, the Planning Commission held a public hearing to review the proposed
Zoning Ordinance amendments related to Massage Establishments. The Planning Commission
voted 4-0-1 (one Commissioner was absent) to adopt Resolution 15-04 recommending that the
City Council adopt the proposed amendments to the Municipal Code (Attachment 2). The draft
minutes of the Planning Commission meeting are included as Attachment 3.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City held an outreach meeting on May 6, 2015. The City provided notices of this meeting to
the existing Massage Establishments in the City. The meeting was attended by five Massage
Therapists within the City. City Staff provided an overview on the proposed amendments to
Chapter 4.20 and Chapter 8 and answered questions. Additionally, the City received three
comment letters from Massage Establishments, all expressing support for the proposed
amendments.
A Public Notice was mailed to the existing Massage Establishments, published in the Valley
Times, posted at several locations throughout the City and emailed to all persons who have
expressed an interest in being notified of meetings. The Staff Report was also made available
on the City's webpage.
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA), together with State Guidelines and City
Environmental Regulations require that certain projects be reviewed for environmental impacts
and that environmental documents be prepared. Pursuant to the CEQA, Staff is recommending
that the proposed ordinance be found exempt from CEQA per CEQA Guidelines Section
15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the
potential to cause a significant effect on the environment. The adoption of the proposed
amendments of the Municipal Code does not, in itself, allow the construction of any building or
structure, but rather regulates Massage Establishments and Massage Services within the City.
This ordinance of itself, therefore, has no potential for resulting in significant physical change in
the environment, directly or ultimately.
ATTACHMENTS: 1. Ordinance Amending Chapter 4.20 (Massage Establishments and
Massage Services), Chapter 8.08 (Definitions) and Chapter 8.12
(Zoning Districts and Permitted Uses of Land) of the Dublin
Municipal Code to Regulate Massage Establishments and Massage
Services within the City of Dublin
2. Planning Commission Resolution No. 15-04 recommending that the
City Council Adopt an Ordinance amending Chapter 8.08
(Definitions) and Chapter 8.12 (Zoning Districts and Permitted Uses
of Land) of the Dublin Municipal Code to regulate massage
Establishments and Massage Services within the City of Dublin
3. Draft Minutes from the May 26, 2015 Planning Commission meeting
Page 4 of 4
ORDINANCE NO. XX— 15
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * * * * *
AMENDING CHAPTER 4.20 (MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES),
CHAPTER 8.08 (DEFINITIONS) AND CHAPTER 8.12 (ZONING DISTRICTS AND
PERMITTED USES OF LAND) OF THE DUBLIN MUNICIPAL CODE TO REGULATE
MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES
WITHIN THE CITY OF DUBLIN
WHEREAS, the City Council recognizes that massage and the provision of massage,
bodywork and somatic therapies are viable and important professional services providing
valuable health and therapeutic services for City residents; and
WHEREAS, Chapter 10.5 (Sections 4600 et seq.) of the California Business and
Professions Code, entitled "Massage Therapists," provides for the formation of a nonprofit
"California Massage Therapy Council" to oversee a state-sanctioned program of certification
for massage therapy practitioners; and
WHEREAS, the said State law establishes a scheme for a voluntary certification process
for persons wishing to practice massage therapy in California, with the intention of enabling
persons so certified to practice massage therapy in any city within the State without being
required to obtain a local permit to practice; and
WHEREAS, State law now provides that it shall be an unfair business practice for any
person to hold him or herself out as certified or licensed by any governmental agency as a
massage therapist or massage practitioner, or as being, a "certified massage therapist" or
"certified massage practitioner," unless that person has obtained a certification from the
Massage Therapy Organization; thus the new laws will assist the public in locating qualified
massage therapists and practitioners; and
WHEREAS, the California Massage Therapy Council has begun to issue certifications
pursuant to the new laws; and
WHEREAS, the City wishes to permit Massage Establishments within the City limits to
employ only Massage Therapists that are certified by the California Massage Therapy Council;
and
WHEREAS, the City has for many years, through Dublin Municipal Code 4.20, regulated
the practice of massage in the City in the interests of the public health, safety, and welfare,
through the issuance of City practitioner permits and business owner permits; and
WHEREAS, it is the intention of the City Council that the new regulations adopted by this
Ordinance will encourage and facilitate the ethical practice of massage therapy, by relying
upon the uniform statewide regulations enacted by the State Legislature, and by restricting the
Page 1 of 17
commercial practice of massage in the City to those persons duly certified to practice by the
California Massage Therapy Council; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State
guidelines and City environmental regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, the proposed project is exempt from CEQA per CEQA Guidelines Section
15061 (b)(3), which states that CEQA applies only to those projects that have the potential to
cause a significant effect on the environment. The adoption of the proposed amendments to
the Zoning Ordinance does not, in itself, allow the construction of any building or structure, but
rather regulates Massage Establishments and Massage Services within the City; and
WHEREAS, this Ordinance is enacted pursuant to Government Code Sections 51030-
51934 and Business and Professions Code Sections 4600 et seq.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
Section 1. The definition of "Massage" contained in Section 8.08.020 of the Dublin
Municipal Code is revised to read as follows in its entirety:
"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.
Section 2. The following new definitions are hereby added to Section 8.08.020 of the
Dublin Municipal Code:
"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 California
Massage Therapy Council 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.
Section 3. Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of the
Dublin Municipal Code is hereby amended to change the "Massage Establishment" use type
from a Conditional Use to a Permitted Use. All other rows of the table in Section 8.12.050 shall
remain unchanged by this Section.
COMMERCIAL A R-1 R-2 R-M C-0 C-N C-1 C-2 M-P M-1 M-2
USE TYPE
Massage - - - - - P P P - - -
Establishment
Page 2 of 17
Additionally, a Massage Establishment may also be established in a Planned
Development (PD) Zoning District if not specifically prohibited by the PD regulations and if the
project site has an underlying Commercial Land Use designation. Any PD regulations which
require a Conditional Use Permit for Massage Establishments shall be superseded by this
Ordinance and any Massage Establishment in a PD Zoning District, unless specifically
prohibited, shall be subject to the requirements of Chapter 4.20.
Section 4. Chapter 4.20 of the Dublin Municipal Code is replaced in its entirety as
follows-
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
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
Page 3 of 17
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.
Page 4of17
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 addition to any other judicial and administrative penalties and
remedies available to the City under this Code or state or federal law.
Page 5 of 17
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;
H. Proof of an unexpired Business License or proof of current application for Business
License in the City;
Page 6 of 17
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;
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
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
Page 7 of 17
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
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, 266g7 266h7 26617 266j7 3157 3167 3187 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
Page 8 of 17
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, 266g7 266h7 26617 266j7 3157 3167 3187 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.
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
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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.
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.
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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.
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:
Page 11 of 17
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.
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
Page 12 of 17
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
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.
Page 13 of 17
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.
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.
Page 14 of 17
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.
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.
Page 15 of 17
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 or as
set forth on City registration documents;
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.
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.
Section 5. Severability. The provisions of this Ordinance are severable and if any
provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or
inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or
inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences,
sections, words or parts thereof of the ordinance or their applicability to other persons or
circumstances.
Page 16 of 17
Section 6. Effective Date. This Ordinance shall take effect and be enforced thirty (30)
days following its adoption.
However, until January 21, 2016 the City will not enforce those portions of the Ordinance
requiring massage establishments to employ only CAMTC certified massage therapists.
However, until that date, any massage therapist working within the City without CAMTC
certification must 1) have a diploma or certificate of graduation from a massage school
approved pursuant to Section 29007.5 of the Education Code of the state of California,
illustrating that the person has completed not less than 175 hours of instruction (at least 75
hour of classroom instruction), and 2) possess a valid permit to practice massage from the
Chief of Police.
Registration requirements for individual Massage Therapists set forth in Article III of this
Code will not be enforced until January 21, 2016. Until that date, any massage therapist
working within the City without CAMTC certification must 1) have a diploma or certificate of
graduation from a massage school approved pursuant to Section 29007.5 of the Education
Code of the state of California, illustrating that the person has completed not less than 175
hours of instruction (at least 75 hour of classroom instruction), and 2) possess a valid permit to
practice massage from the Chief of Police.
Section 7. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be
posted in at least three (3) public places in the City of Dublin in accordance with Section 36933
of the Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this 21St day of July, 2015.
AYES:
NOES:
ABSENT:
ABSTAIN:
Davis Haubert, Mayor
ATTEST:
Caroline Soto, City Clerk
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