HomeMy WebLinkAbout4.3 Second Reading of an Ordinance Amending Section 4.20 (Massager
DUBLIN
CALIFORNIA
DATE:
TO:
FROM:
SU B.ECT:
STAFF REPORT
CITY COUNCIL
September 5, 2023
Honorable Mayor and City Councilmembers
Linda Smith, City Manager
Agenda Item 4.3
Second Reading of an Ordinance Amending Section 4.20 (Massage
Establishments and Massage Services) of the Dublin Municipal Code
Prepared by: Felicia Escover, Special Projects Manager
EXECUTIVE SUMMARY:
The City Council will consider adopting an Ordinance amending Chapter 4.20 of the Dublin
Municipal Code to reflect new requirements for Massage Establishments operating within the City
and to update the Code for clarity and enhanced public safety. The City Council waived the first
reading and introduced the Ordinance on August 15, 2023, and is now being asked to waive the
second reading and adopt the Ordinance.
STAFF RECOMMENDATION:
Waive the second reading and adopt the Ordinance Amending Chapter 4.20 (Massage
Establishments and Massage Services) of the Dublin Municipal Code.
FINANCIAL IMPACT:
None.
DESCRIPTION:
On August 15, 2023, the City Council waived the reading and introduced an ordinance
(Attachment 1) to amend Chapter 4.20 of the Dublin Municipal Code.
The proposed changes to Dublin Municipal Code 4.20 aim to achieve several intended outcomes,
including preventing illicit sexual activities, supporting survivors of human trafficking, and
ensuring alignment with California Massage Therapy Council standards and other local
government agencies for improved regulation and public safety. Furthermore, these updates
intend to support legitimate business owners and practitioners, prevent illicit massage businesses
from entering the City, and provide the public with access to healthy and safe massage services
while ensuring practitioners are properly trained and certified.
Page 1 of 2
48
On July 12, 2023, City staff sent a letter to all active massage establishments in Dublin, providing
them with information about the proposed changes. The letter included the objectives behind the
proposed changes, a summary of the proposed updates, and the date on which the City Council
would be considering the item. City staff subsequently sent an email and hard copy notice via mail
on August 10, 2023 providing massage establishments with the City Council meeting time, date,
location, and link to the agenda containing the proposed changes the City Council was set to
consider at the August 15, 2023 regular meeting. As of the time of this staff report, Staff had not
received any comments from any of the establishments.
STRATEGIC PLAN INITIATIVE:
Strategy 5: Safe and Accessible Community
Objective E: Support existing and innovative public safety efforts
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted and courtesy notices were mailed to active massage
establishments notifying them of the proposed changes on July 12, 2023 and August 10, 2023.
ATTACHMENTS:
1) Ordinance Amending Chapter 4.20 (Massage Establishments and Massage Services) of the
Dublin Municipal Code
2) Exhibit A to the Ordinance - Chapter 4.20 (Massage Establishments and Massage Services) -
Clean Version
Page 2 of 2
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Attachment I
ORDINANCE NO. XX — 23
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING CHAPTER 4.20 (MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES)
OF THE DUBLIN MUNICIPAL CODE
WHEREAS, City Staff and Dublin Police Services have worked collaboratively to identify
updates to the Dublin Municipal Code Section 4.20 (Massage Establishments and Massage
Services) that will create safer massage establishments in the city; and
WHEREAS, the original ordinance was introduced in 1987 and was last updated in 2015
to incorporate new standards such as recognizing the State's new definition of "certified massage
practitioner" pursuant to Section 10.5 (Section 4600 et seq.) of the California Business Professions
Code; and
WHEREAS, the California Massage Therapy Council (CAMTC), a non-profit responsible
for overseeing a state -sanctioned program of certification for massage therapy practitioners, has
been working with local government agencies to review local massage establishment ordinances
and recommend updates to a city's municipal code that will help deter human trafficking; and
WHEREAS, the proposed changes to Dublin Municipal Code 4.20 aim to achieve several
intended outcomes, including preventing illicit sexual activities, supporting survivors of human
trafficking, and ensuring alignment with CAMTC standards and other local government agencies
for improved regulation and public safety; and
WHEREAS, these updates further intend to support legitimate business owners and
practitioners, prevent illicit massage businesses from entering the City, and provide the public with
access to healthy and safe massage services while ensuring practitioners are properly trained and
certified; and
WHEREAS, the City has worked with CAMTC to review the current code and has
developed proposed updates to various sections of Chapter 4.20 to promote clarity and public
safety; and
WHEREAS, the proposed updates to Chapter 4.20 are aligned with the City of Dublin's
Strategic Plan Initiative to support existing public safety efforts.
NOW, THEREFORE, the City Council of the City of Dublin does ordain the changes
attached hereto as Exhibit A.
Section 2. Effective Date. This Ordinance shall take effect and be enforced 30 days
following its final adoption.
Section 3. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be
posted in at least three public places in the City of Dublin in accordance with Section 36933 of the
Government Code of the State of California.
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 2 50
PASSED, APPROVED AND ADOPTED this 5th day of September 2023, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 2 51
Dublin Municipal Code
Chapter 4.20 MASSAGE ESTABLISHMENTS AND
MASSAGE SERVICES
Sections:
Attachment 2
Exhibit A to the Ordinance
Chapter 4.20 Page 1 / 13
MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES
Article I. General Provisions
4.20.010 Definitions.
4.20.020 Exemptions.
4.20.030 Owner responsibility.
4.20.040 Violations a misdemeanor and a nuisance.
4.20.041 Violations — Renewal and citation compliance
4.20.045 Violations — moratorium.
Article II. Massage Establishments
4.20.050 Permit —Required.
4.20.060 Application procedure and requirements.
4.20.065 Amendments to permit.
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 of city massage establishment permit —Hearing procedure.
4.20.125 Denial, suspension and revocation of registration certificates.
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.
4.20.225 Notifications.
Article III. Massage Therapists
4.20.230 City massage therapist registration —Required.
4.20.240 Registration procedure and requirements.
4.20.250Massage Therapist responsibility.* Prior ordinance history: Ords. 2-87, 2-93.
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.
The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022.
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"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.
"Compensation" means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or
anything of value.
"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.
"Fully clothed" means clothes are worn in such a manner that an individual's genitals, buttocks, and chest is not
exposed and all outer garments are of a fully opaque, nontransparent material and provide complete covering from at
least the mid -thigh to two (2) inches below the collarbone. The midriff may not be exposed.
"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.
"Operator" or "massage establishment operator" means any person who is an owner or manager of a massage
establishment.
"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.
"Owner" or "massage establishment owner" means any of the following persons:
(1) The sole proprietor of a sole proprietorship operating a massage establishment.
(2) Any general partner of a general or limited partnership that owns a massage establishment.
(3) Any person who has a ten percent or greater ownership interest in a corporation that owns a massage
establishment.
(4) Any person who is a member of a limited liability company that owns a massage establishment.
(5) All owners of any other type of business association that owns a massage establishment.
"Patron" means an individual on the premises of a massage establishment for the purpose of receiving massage
therapy.
"Permit Administrator" means the Chief of Police or his/her designee.
"Permittee" means any person operating or maintaining a massage establishment. (Ord. 4-15 § 4 (part))
"School of Massage" means any school or institution of learning that is recognized as an approved school pursuant
to Business and Professions Code Division 2.
The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022.
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"Visitor" means any individual not retained or employed by the massage establishment and not receiving or waiting
to receive massage therapy services, but excluding law enforcement personnel or governmental officials performing
governmental business.
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.
(Ord. 4-15 § 4 (part))
4.20.030 Owner responsibility.
For the purpose of enforcing the requirements of this chapter, the massage establishment owner shall be responsible
for the conduct of all massage establishment employees, agents, independent contractors, or other representatives
while such persons are providing services on behalf of the massage establishment. Pursuant to California Business
and Professions Code 4607, the Permit Administrator may discipline an owner or operator of a massage business or
establishment ,or an applicant for certification, pursuant to this chapter for the conduct of all individuals providing
massage for compensation on the business premises.
4.20.040 Violations 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. (Ord. 4-15 § 4 (part)) Upon determination by the certification officer or any
other city enforcement officer that a violation of this chapter has taken place, the officer is authorized to issue an
administrative citation that may result in administrative fines in accordance with Chapter 1.06.
4.20.041 Violations — Renewal and citation compliance.
In addition to any other remedy available to the city under applicable law, a massage establishment permit may not
be renewed or amended unless and until all due and unpaid citations issued pursuant to this chapter are paid in full,
and all outstanding violations have been corrected.
4.20.045 Violations — Moratorium.
A. In addition to any other remedy available to the city under applicable law, a massage establishment permit
may be suspended or revoked as provided in Section 4.20.110. Upon issuance of a final order by the Permit
Administrator to revoke the massage permit, the massage establishment shall immediately cease operation,
and, if so, ordered by the hearing officer, no other massage establishment shall be permitted to operate at
that location by any person for a period of not less than three years ("the moratorium period"). If the
The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022.
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operator is not also the legal owner of the real property on which the massage establishment is situated,
notice of such revocation and the three-year moratorium period shall be provided by the permit authority to
the owner of record of the property as shown on the latest county assessment roll.
B. Notwithstanding any other provision of this chapter, where a Notice of Revocation or Suspension has been
issued to the operator of a massage establishment pursuant to Section 4.20.110 of this chapter, the Permit
Administrator shall not process or grant an application for a massage establishment permit for a new
massage establishment at the same premises unless and until such Notice of Revocation or Suspension is
dismissed; or a final determination is made pursuant to that section that the current operator's massage
establishment permit is not or should not be revoked; or any moratorium period imposed pursuant to this
chapter has expired.
Article II. Massage Establishments
4.20.050 Permit —Required.
A. No establishment shall offer massage services without having first obtained a city business license and 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 (2) years. (Ord. 4-15 § 4 (part))
4.20.060 Application procedure and 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 proposed name, address, and telephone number of the massage establishment.
B. The name and street address and telephone number of the owner(s) 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;
C. The exact nature of the massage to be administered;
D. The massage establishment's hours of operation;
E. A detailed diagram showing the interior floor plan and configuration of the premises;
F. The name of each individual who the massage establishment employs or retains to perform massage
therapy for compensation;
a. For each individual who the massage establishment does or will employ or retain to perform
massage therapy for compensation, a copy of that individual's current certification from the
CAMTC as a certified massage practitioner or certified massage therapist, and a copy of his or her
current CAMTC-issued identification card.
G. The name of each individual who is regularly employed or retained by the massage establishment to
perform services on the premises other than massage therapy, and the nature of their services.
H. For each owner of the massage establishment who is a CAMTC-certified massage professional, a copy of
his or her current certification from the CAMTC as a certified massage practitioner or as a certified
massage therapist and a copy of his or her current CAMTC-issued identification card and:
a. All disciplinary action against, suspension, denial, or revocation of a permit or certificate to
practice massage, including the agency, date, and reason associated with the action.
The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022.
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I. For each owner of the massage establishment, the following information:
Page 5/13
a. The business, occupation, employment, and residency history of each owner of the massage
establishment for five years preceding the date of application, and the inclusive dates of same;
b. Height, weight, color of eyes and hair;
c. Written proof that the owner(s) is at least eighteen (18) years of age;
d. Driver's license number of the owner, including a copy of a driver's license or other state issued
identification card;
e. Two current (2) color portrait photographs of the applicant at least two (2) inches by two (2)
inches;
f. The massage or similar business license history of the owner; 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;
g.
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;
h. A statement whether the owner has failed to pay any judgment arising from or connected with the
activities that would be authorized by the permit;
J. Proof of an unexpired business license or proof of current application for business license in the city;
K. Fingerprints of the owner (this is waived for CAMTC-certified owners per Government Code Section 51034
(c));
L. Such other identification and information as deemed necessary by the Permit Administrator; and
M. All massage establishments must demonstrate practitioner's liability insurance coverage in the amount of a
minimum of two million dollars ($2,000,000) per event at all times when performing massage activities.
The coverage must be held in the name of the massage establishment or each massage therapist authorized
to perform massage. (Ord. 4-15 § 4 (part))
4.20.065 Amendments to permit.
A. Whenever the information provided in the application for a massage establishment on file with the city changes,
the operator shall file an application, provided by the Permit Administrator or his or her designee, to amend the
permit to reflect such change within three business days of occurrence. The application shall be accompanied by the
fee established by the city's fee schedule.
B. An amendment shall not be used to change the location or owners of a massage establishment. Instead, a new
permit application is required.
C. A denial of an application to amend a massage establishment permit may be appealed in the same manner as a
denial of an application for a permit under Section 4.20.140.
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. (Ord. 4-15 § 4 (part))
The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022.
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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. (Ord.
4-15 § 4 (part))
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, found in violation of any of the following codes,
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 Section 266I, 315, 316, 318, 647(b) or 653.23.
4. An offense involving theft or fraud related offenses.
5. A conviction under California Penal Code Section 11225 -11235 (Red Light Abatement Law)
6. A conviction of a crime designated in California Government Code Section 51032(b).
7. A 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.
8. Any offense involving the violation of California Health and Safety Code Sections 11570-11587 (Controlled
Substance Abatement).
9. Any violation of California Civil Code Sections 3479 and 3480 (Public Nuisance).
Convictions that have been expunged shall also be reported.
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. (Ord. 4-15 § 4 (part))
F. The proposed business has had a massage establishment revoked or suspension in the past three years pursuant
to Section 4.20.045.
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. (Ord. 4-15 § 4 (part))
The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022.
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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 California Business and Professional Code Section 4609; 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 Section 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315,
316, 318, or 647(b), 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 a 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 Sections 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 (1) or more acts prohibited under California Penal Code Section 266,
266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, or 647(b) 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, or areola; or
J. Negligent Supervision. The permittee failed to provide adequate supervision of the massage establishment,
resulting in a pattern of at least three (3) violations of this code or state or federal law; or(Ord. 4-15 § 4 (part))
K. Labor Violations. The owner or operator failed to comply with a final court order or administrative action of an
investigatory agency finding a violation of applicable federal, state and local wage and hour laws, including, but not
limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local minimum wage ordinance
or prevailing wage requirements. For purposes of this subsection, a fmal court order or administrative action is one
as to which there is no pending appeal and the time for filing an appeal has passed.
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 conduct a hearing to determine whether the permit or certificate shall be revoked or
suspended. The permittee shall be notified of the date of the hearing, and the hearing date shall be no sooner than ten
(10) business days from the date of the written notice. The written notice shall be provided in the following manner:
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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 may establish reasonable rules and procedures for the conduct of the
hearing, provided that such rules satisfy the permittee's due process rights under the United States and California
Constitutions, and such rules need not provide the permittee an opportunity to appear before the Permit
Administrator or require an in -person hearing. At the hearing, the Permit Administrator shall consider all evidence
submitted. 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 subsection (A)(2) of this
section, and, in the case of a revocation or suspension, such notice of decision shall indicate the appeal procedures as
set forth hereinafter. (Ord. 4-15 § 4 (part))
4.20.125 Denial, suspension and revocation of registration certificates.
No reapplication will be accepted within three years after a certificate is revoked.
4.20.130 Permit nontransferable.
No permit issued pursuant to the provisions of this chapter is transferable to any other person or location. (Ord. 4-15
§ 4 (part))
4.20.140 Appeal procedure.
An applicant or permittee may appeal any written 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. 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. (Ord. 4-15 § 4 (part))
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
(1) day and seven a.m. (7:00 a.m.) of the following day. Massage begun any time before ten p.m. (10:00 p.m.)
must nevertheless terminate at ten p.m. (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.
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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 unless they are fully clothed in
garments of nontransparent material.
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 (1) 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. 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 massage establishment who provide massage, the
following document shall be available to city staff upon inspection pursuant to Section 4.20.200: a valid
certificate from the CAMTC.
8. The massage establishment shall keep on the premises a complete and current roster of all owners, operators,
and managing employees of the massage establishment and all massage professionals and other persons employed or
retained by the massage establishment. The roster shall include the name, residence address, and phone number of
each individual. The roster shall be available for inspection by city officials charged with the enforcement of this
chapter.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 (1) 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, open or 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 (1) forty (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 eighteen (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.
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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) and the fire code (as adopted in Title 5).
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 one hundred forty (140) degrees Fahrenheit for not less than fifteen (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 (1) patron, or shall be
laundered after each use pursuant to subsection (C)(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 (1) 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 (1) 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.
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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
(2) 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. (Ord. 4-15 § 4 (part))
4.20.160 CAMTC certification required.
A. Massage establishments within the city shall only employ CAMTC certified massage therapists.
B. An original copy of certification as a certified massage therapist must be conspicuously posted
within the massage establishment and the certification must be current for all massage therapists. The
certificate holder shall have his or her identification card in his or her possession while providing massage
services for compensation.
C. The certificate holder shall provide his or her full name and certificate number upon the request of
a member of the public, a representative of the city, or a local government agency charged with regulating
massage or massage establishments, at the location where he or she is providing massage services for
compensation. (Ord. 4-15 § 4 (part))
D. The massage establishment owner/operator shall complete all registration forms provided to
him/her by the Permit Administrator for each massage therapist. The owner/operator shall complete
applicable forms and submit to the Permit Administrator prior to the expiration of the certification
expiration, to demonstrate that the massage therapists providing service on the massage establishment's
behalf have recertified their CAMTC certification.
Such forms shall require submission of the following information:
1. The name and residence address of the massage therapist;
2. A copy of their CAMTC ID Card and CAMTC certification;
3. Height, weight, color of eyes and hair;
4. Written proof that the owner(s) is at least eighteen (18) years of age;
5. Two (2) current color portrait photographs of the applicant at least two (2) inches by two
(2) inches;
6. The driver's license number of the owner, including a copy of a driver's license or other
state issued identification card;
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7. The full name, street address, and telephone number of all other business premises in
which the massage therapist administers massage;
8. If applicable, any other name(s) or nicknames used by the massage therapist;
9. Primary language(s), if other than English; and (Ord. 4-15 § 4 (part))
10. Such other identification and information as deemed necessary by the Permit
Administrator.
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. (Ord. 4-15 § 4 (part))
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.
(Ord. 4-15 § 4 (part))
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"). (Ord. 4-15 § 4 (part))
No massage establishment shall falsely state or advertise or put out any sign or card or other device, or to falsely
represent to the public through any print or electronic media, that he or she or any other individual is licensed,
certified, or registered by a governmental agency as a massage therapist or massage practitioner.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. (Ord. 4-15 § 4 (part))
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. (Ord. 4-15 § 4 (part))
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 Sections 2135 through 2139 (medicine), 2630 or 2639
(physical therapy), 2732.1, 2733 or 2742 (nursing), or under the Chiropractic Initiative Act of 1922. (Ord. 4-15 § 4
(part))
4.20.225 Notifications.
A massage establishment shall notify the Permit Administrator of any of the following within three business days of
the instance:
A. Cessation of business as a massage business or massage therapist practicing in the City of Dublin;
B. Arrest of any massage establishment owner, therapist, or employee for an offense other than a misdemeanor
traffic offense;
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C. Resignation, termination, or transfer of any massage practitioners employed or hired by the massage
establishment;
D. Any matter or event involving the massage establishment or massage therapists, employed or working for
the massage business that constitutes a violation of this chapter, state or federal law or a violation of any
law which would be grounds for denial, suspension, or revocation of a massage establishment permit;
E. The denial, suspension, or revocation of a massage business's employee's or independent contractor's
certificate issued by CAMTC.
Article III. Massage Therapists
4.20.230 City massage therapist registration —Required.
Except for any person licensed under Business and Professions 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. (Ord. 4-15 § 4 (part))
4.20.240 Registration procedure and requirements.
Each massage therapist will adhere to the certification rules and regulations set forth by the CAMTC.
4.20.250 Massage Therapist responsibility.
Individual massage establishment employees, agents, independent contractors, or other representatives providing
services on behalf of the massage establishment may also be cited for violations pursuant to this chapter at the
discretion of the Permit Administrator.
The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022.
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