[Ord. No. 1151]
The City Council finds and declares as follows:
(a) The permit requirements and restrictions imposed by this article
are reasonably necessary to protect the health, safety and welfare
of the citizens of the City of Oakdale;
(b) The City of Oakdale is authorized, by virtue of the California Constitution
and
Government Code Section 51030 et seq., to regulate massage establishments
by imposing reasonable standards relative to the skill and experience
of massage operators and massage technicians and reasonable conditions
on the operation of massage establishments;
(c) There is a significant risk of injury to massage clients by improperly
trained and/or educated massage technicians and this article provides
reasonable safeguards against injury and economic loss;
(d) There is opportunity for acts of prostitution and other unlawful
sexual activity to occur in massage establishments. Courts have long
recognized that massage is a pervasively regulated activity and that
massage establishments are often brothels in disguise. The establishment
of reasonable standards for issuance of permits and restrictions on
operations would serve to reduce the risk of illegal activity without
significantly burdening legitimate businesses;
(e) The restrictions and requirements contained in this article reduce
the burdens on the police department and permit the deployment of
police personnel such that more serious crimes may be prevented and
more important laws enforced; and
(f) The regulations and restrictions contained in this article tend to
discourage massage establishments from degenerating into houses of
prostitution and the means utilized in this article bear a reasonable
and rational relationship to the goals sought to be achieved.
[Ord. No. 1151]
Unless the context otherwise requires, the definitions and provisions
contained in this section shall govern the construction, meaning and
application of words and phrases used in this article.
(a) BATH — Shall mean the giving or furnishing of Russian, Finnish,
Swedish, hot air, vapor, electric, cabinet, mineral, sweat, salt,
Japanese, sauna, or fomentation bath, or bath of any kind whatever,
excluding ordinary bath tubs or showers where an attendant is not
required. "Bath" shall also include any form of body shampoo.
(b) CITY MANAGER — Shall mean the City manager of the City of
Oakdale or his or her designated representative.
(c) CITY COUNCIL — Shall mean the City Council of the City of
Oakdale.
(d) CONVICTION, CONVICTED — Shall mean a plea or verdict of guilty
or a conviction following a plea of nolo contendere.
(e) EMPLOY — Shall include contracting with independent contractors.
(f) EMPLOYEE — Shall include independent contractors.
(g) HEALTH DEPARTMENT — Shall mean the Stanislaus County Health
Care Services.
(h) MANAGER — Shall mean the person(s) designated by the operator of the massage establishment to act as the representative and agent of the operator in managing day-to-day operations with the same liabilities and responsibilities. Evidence of management includes, but is not limited to, evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules or purchase supplies. A manager may also be an operator. A massage technician permit is not required to qualify as a manager. A manager may not perform any massage services without first meeting the standards and qualifications of §
19-128 and obtaining a technician permit.
(i) MASSAGE — Shall mean any method of treating the external parts
of the body for remedial, hygienic, relaxation or any other reason
or propose, whether by means of pressure on, friction against or stroking,
kneading, tapping, pounding, vibrating, rubbing or other manner of
touching external parts of the body with the hands or with the aid
of any mechanical or electrical apparatus or appliance with or without
supplementary aids such as rubbing alcohol, liniment, antiseptic,
oil, powders, creams, ointment or other similar preparations commonly
used in this practice.
(j) MASSAGE ESTABLISHMENT — Shall mean any business conducted
within the City of Oakdale where any person, firm, association, partnership,
corporation or combination thereof engages in, conducts, carries on
or permits to be conducted or carried on, for money or any other consideration,
administration to another person of a massage or health treatment
involving massage.
(k) MASSAGE TECHNICIAN — Shall mean any person who administers
to another person a massage within a massage establishment in exchange
for anything of value whatsoever.
(l) OPERATOR — Shall mean all persons who have an ownership interest
in the massage establishment and are responsible for its day-to-day
operations.
(m) PERSON — Shall mean any individual, corporation, partnership,
association or other group or combination thereof acting as an entity.
(n) POLICE CHIEF — Shall mean the Police Chief of the City of
Oakdale or his or her designated representative.
(o) POLICE DEPARTMENT — Shall mean the Police Department of the
City of Oakdale.
(p) QUALIFIED MASSAGE EDUCATIONAL PROGRAM — Shall mean an educational
program, class or course primarily focused on the theory, ethics,
practice, profession or work of massage and meeting one of the following
criteria:
(1)
Provided by a recognized school of massage;
(2)
Approved by the California Board of Registered Nursing;
(3)
Certified by a state or national professional association devoted
to the profession of massage; or
(4)
Offered by an accredited college or university.
Correspondence courses not requiring actual attendance shall
not be deemed a qualified massage educational program.
(q) RECOGNIZED SCHOOL OF MASSAGE — Shall mean any school or institution
of learning that teaches, through state-certified instructors, the
theory, ethics, practice, profession or work of massage, which school
or institution complies with
Education Code Sections 94900 or 94901,
and which requires a resident course of study before the student shall
be furnished with a diploma or certificate of graduation. Schools
offering a correspondence course not requiring actual attendance shall
not be deemed a recognized school.
[Ord. No. 1151]
No person shall operate a massage establishment within the City without first obtaining an operator permit pursuant to §
19-126 and §
19-127 and securing the necessary business license as set forth in the Oakdale Municipal Code.
No person shall perform or administer a massage or advertise to provide massage services in the City of Oakdale, unless such person has in effect a valid massage technician permit issued pursuant to, and complies with the requirements of, §
19-129 and §
19-130 of this article.
[Ord. No. 1151]
The City Council shall establish by resolution, and from time
to time may amend, the fees for the administration of this article.
The City may include in this resolution a health services fee schedule
prescribing annual fees to be paid by the operator of each massage
establishment, such fees to be paid directly to the health department
and retained by the county as reimbursement for the services related
to this article. Fees required by this article shall be in addition
to any required by this Code.