The city council finds and declares as follows:
A. 
The permit requirements and restrictions imposed by this chapter are reasonably necessary to protect the health, safety and welfare of the citizens of the city, while recognizing massage as a legitimate business interest that provides benefits to its patrons in a therapeutic setting.
B. 
This chapter is enacted pursuant to the provisions of the State Constitution, California Government Code Sections 37100, 51030 et seq., California Business and Professions Code Sections 460, 4600 through 4620 and Section 16000, Section 13 of the Chiropractic Act (initiative measure approved by the electors November 7, 1922, as amended) and AB 1147 (2014).
C. 
There is a significant risk of injury to massage clients by persons improperly trained and/or educated in providing massage services, and this chapter provides reasonable safeguards against injury and economic loss.
D. 
There is opportunity for acts of prostitution, lewdness, and other unlawful sexual activity to occur in massage establishments, as well as problems relating to human trafficking in massage establishments. Courts have long recognized massage as 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 and would thereby benefit the public health.
E. 
The provisions of this chapter are intended to enhance the efficient processing of permits for massage establishments, owners and managers and the ongoing regulation of those permittees and certificate holders by the city of Loma Linda. The provisions of this chapter in no way limit the authority of the city to inspect massage establishments or conduct investigations to ensure permittees are complying with applicable rules and regulations.
F. 
The restrictions and requirements contained in this chapter are intended to stop the practice of businesses quickly changing ownership in name upon the discovery of criminal activity by the city.
G. 
The restrictions and requirements contained in this chapter are intended to be in addition to the requirement of a valid business license issued pursuant to Chapter 5.04 of the Loma Linda Municipal Code.
H. 
The regulations and restrictions contained in this chapter are intended to discourage massage establishments from degenerating into houses of prostitution, and the means utilized in this chapter bear a reasonable and rational relationship to the goals sought to be achieved within the confines allowed by state law.
I. 
The provisions of this chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any state or local laws or regulations that are uniformly applied to other professional or personal service businesses.
J. 
The California Massage Therapy Council ("CAMTC") can better, and more efficiently, regulate massage technicians in order to best protect the public and it is in the public interest to require that all persons providing massage in the city have a certificate from the CAMTC.
(Ord. 730 § 1, 2016)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
California Massage Therapy Council or CAMTC.
The nonprofit organization created to regulate and issue massage practitioner and therapist certificates pursuant to California Business and Professions Code Section 4600 et seq.
CAMTC certificate.
A massage practitioner or massage therapist certificate issued by the CAMTC.
Certificate of operation.
The certificate issued by the finance director entitling a business to be operated as a massage establishment.
Chief of police.
The chief of police of the city of Loma Linda, including the person acting in said capacity as an employee of the San Bernardino County sheriff's department, or designee.
City.
The city of Loma Linda.
City manager.
The city manager of the city of Loma Linda, or designee.
Community development director.
The community development director of the city of Loma Linda, or designee.
Compensation.
The payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.
Conviction or convicted.
A conviction following a guilty plea, nolo contendere plea, or judgment or verdict where the time for appeal has elapsed or conviction has been affirmed on appeal, irrespective of an order granting probation following that conviction, suspending the imposition of sentence, or of a subsequent order under California Penal Code Section 1203.4 allowing the applicant to withdraw his or her plea of guilty or nolo contendere and to enter a plea of not guilty, or dismissing the accusation or information.
Employee.
Any person, other than a massage practitioner, massage therapist, or operator, who renders any service, with or without compensation, to the operator or agent of an operator of a massage establishment relating to the day-to-day operation of the massage establishment whether as an employee or independent contractor.
Finance director.
The finance director of the city of Loma Linda, or designee.
Main entry door.
A door from the outside of the establishment leading into the reception area.
Manager.
The person(s) designated by the owner of the massage establishment to act as the representative and agent of the owner in managing day-to-day operations with corresponding responsibilities. Evidence of management includes, but is not limited to, the ability of the individual to direct or hire and dismiss employees, control hours of operation, create policy or rules or purchase supplies, and ensure that the massage establishment complies with the requirements of this code and of other laws. A manager may also be an owner. A manager must have a valid operator permit.
Massage.
Any method of treating the external parts of the body for remedial, health, hygienic, or relaxation purpose. Massage includes, but is not limited to, treatment by means of manual pressure, acupressure, friction, stroking, kneading, rubbing, tapping, pounding, vibrating, with or without the aid of or by means of any mechanical, electronic, or electrical apparatus or appliance, and with or without rubbing alcohol, liniments, aromatics, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations. Massage specifically includes the application of any of these methods to the scalp, neck, or feet of any individual. (Some persons practicing massage may be exempt from all or parts of the permit requirements; please consult Section 5.24.030.)
Massage establishment.
Any enterprise or establishment having a fixed place of business where any person engages in, conducts, carries on, or permits to be engaged in, conducted, or carried on, any of the activities set forth in the definition of massage in this section.
Massage practitioner.
A person who is certified as such by the CAMTC in accordance with the Massage Therapy Act.
Massage technician.
A massage practitioner or massage therapist certified by CAMTC.
Massage therapist.
A person who is certified as such by the CAMTC in accordance with the Massage Therapy Act.
Massage therapy act.
Chapter 406 of the 2013-2014 Legislative Session, as the same may be amended from time to time.
Operator.
All persons who own or manage a massage establishment.
Operator permit.
The permit issued by chief of police allowing a person to own or manage a massage establishment.
Out-call massage.
Any business or enterprise that engages in or performs massage for any form of consideration or in exchange for anything of value whatsoever at a location other than a massage establishment.
Owner.
All of the following:
1. 
The sole proprietor of a massage establishment, i.e., where the owner is the only person performing massage at that establishment;
2. 
In the case of a general business, each owner of the business;
3. 
In the case of a corporation, each stockholder holding more than ten percent of the corporation and each officer and director of the corporation;
4. 
In the case of a partnership, each partner, excluding limited partners owning less than ten percent of the partnership, and where a partner is a corporation, the provisions pertaining to a corporate applicant in subdivision (3) apply.
Patron.
An individual on the premises of a massage establishment for the purpose of receiving a massage.
Permit.
An operator permit or certificate of operation, unless the context indicates otherwise.
Permittee.
Any person who has obtained a certificate of operation or operator permit from the city.
Person who has engaged in disqualifying conduct.
A person who:
1. 
Within ten years preceding the date of filing of the application in question or, in the case of revocation proceedings, within ten years preceding the date of the revocation notice, has been convicted in a court of competent jurisdiction of any of the following:
a. 
A violation of any provision of law pursuant to which a person is required to register under the provisions of California Penal Code Section 290;
b. 
Conduct in violation of California Penal Code Sections 266h, 266i, 314, 315, 316, 318, 653.22, 653.23, or 647(a), (b) or (d);
c. 
An attempt to commit or conspiracy to commit any of the above mentioned offenses;
d. 
When the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal Code Sections 415, 602 or any lesser included or related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes;
e. 
Any crime committed while engaged in the management or ownership of a massage establishment or the practice of massage;
f. 
A violation of California Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058; or
g. 
Any offense under a statute of any state or ordinance of any city or county, which is the equivalent of any of the aforementioned offenses, including Business and Professions Code Section 4609(a).
2. 
Within ten years preceding the date of the filing of the application in question or, in the case of revocation proceedings, within ten years preceding the date of the revocation notice, has had any massage establishment, operator, technician, practitioner, therapist or trainee certificate, license or permit issued by any state, local agency or other licensing authority, including the CAMTC: denied, revoked or suspended for any reason other than lack of sufficient education; or has had to surrender such a certificate, license or permit as a result of pending criminal charges or administrative proceedings for suspension or revocation of any such certificate, license or permit.
3. 
Within five years preceding the date of filing of the application in question or, in the case of revocation proceedings, within five years preceding the date of the revocation notice, has been convicted in a court of competent jurisdiction of any of the following:
a. 
Any crime, other than an infraction or those listed above, involving dishonesty, fraud, or deceit with the intent to substantially benefit him or herself or another, or substantially injure another;
b. 
Any crime, other than an infraction or crimes relating to those offenses listed above, where the crime or act is substantially related to the management or ownership of a massage establishment or the practice of massage, including a violation of the Massage Therapy Act.
4. 
Has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to California Penal Code Sections 11225 through 11235 of the Penal Code as the same may be amended from time to time, or any similar provisions of law in a jurisdiction outside the state of California.
5. 
Has been found to be maintaining a nuisance in connection with the same or similar type of business.
6. 
Within five years preceding the date of filing of the application in question or, in the case of revocation proceedings, within five years preceding the date of the revocation notice:
a. 
Has engaged in the exposing of specified anatomical areas of oneself or of another person to view, or in touching the specified anatomical areas of oneself or of another person, while providing massage services or while within view of a customer or patron of the massage establishment; or
b. 
Has been the owner, manager, or other similar position, in an establishment where the conduct described in subsection (6)(a) above has occurred.
7. 
Disqualifying conduct does not include the failure to obtain a certificate of operation or operator permit without any prior oral or written notification by the city that such was required, provided that the business and/or person cease operations immediately upon notification.
Proof of bona fide employment.
Proof of an employer-employee relationship between the operator of the massage establishment and any person working at the massage establishment. Satisfactory proof of bona fide employment must be shown by written payroll documentation evidencing the employer's compliance with California Employment Development Department (EDD) requirements for the withholding of California income tax, unemployment insurance contributions and disability contributions from the employee and written payroll documentation of the employer's compliance with Internal Revenue Service (IRS) requirements for the withholding of federal income taxes, Social Security (FICA) and Medicare contributions from the employee. Such written documentation can include, but is not limited to, W-2 wage and tax statements.
Reception area.
An area immediately inside the main entry door of the massage establishment dedicated to the reception and waiting of patrons and visitors of the massage establishment and which is not a massage room or otherwise used for the provision of massage services.
Residence address.
The actual physical home address and shall not include a P.O. Box, mailbox service, or other similar location.
Sole provider.
A massage business where the owner owns one hundred percent of the business, is the only person who provides massage services for compensation for that business pursuant to a valid and active CAMTC certificate, and has no other employees or independent contractors.
Spa.
Facilities such as mineral baths, salt rooms, mineral rooms, saunas, steam rooms, whirlpools and other therapeutic baths.
Specified anatomical areas.
Any of the following human anatomical areas: genitals, pubic area, buttocks, anus, or female breasts below a point immediately above the top of the areolae, without a health care referral and written consent of the patron.
Visitor.
A nonemployee who has entered the massage establishment for purposes other than receiving services.
(Ord. 730 § 1, 2016)
A. 
Complete Exception. The requirements of this chapter shall have no application and no effect upon and shall not be construed as applying to:
1. 
Any physician, surgeon, chiropractor, acupuncturist, osteopath, or physical therapist licensed to practice such profession in the state of California, within the scope of their license.
2. 
Any registered nurse or licensed vocational nurse, licensed to practice under the laws of the state of California, who is an employee of and working under the on-site direction of a physician, surgeon, chiropractor, osteopath, or physical therapist, duly licensed to practice their respective professions in this state.
a. 
Any other person providing massage services that is employed by a physician, surgeon, chiropractor, osteopath, or physical therapist, shall be required to have a valid CAMTC certificate, as well as work under the adequate supervision of such physician, surgeon, chiropractor, osteopath, or physical therapist as required by state law or regulation. If no specific law or regulation applies, adequate supervision shall have the same meaning as set forth in 16 California Code of Regulations Section 312.
b. 
If a duly licensed acupuncturist wishes to provide massage therapy services to his or her clients by an individual(s) other than him or herself, said individual(s) must have a valid CAMTC certificate and the office of the acupuncturist shall be subject to all the provisions of this chapter, as well as any other applicable provisions of the Loma Linda Municipal Code.
3. 
Any person licensed to practice any healing art under the provisions of California Business and Professions Code Division 2 (commencing with Section 500) when engaging in such practice within the scope of such license.
4. 
State-licensed hospitals, nursing homes, sanatoriums, or other health care facilities duly licensed by the state of California, and the employees of such facilities while working on the premises of such state-licensed facilities.
5. 
Accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment.
6. 
Barbers, beauticians, or manicurists who are duly licensed by the state of California pursuant to the Barbering and Cosmetology Act set forth in California Business and Professions Code Section 7300 et seq., as the same may be amended from time to time, while engaging in practices within the scope of such license, except that this exemption applies solely for the massaging of the neck, face, and/or scalp of the customer or client of said barber or beautician or, in the case of a licensed manicurist, the massaging of the forearms, hands, calves, and/or feet at a state licensed facility. However, if a state licensed establishment also has a certificate of operation from the city to operate as a massage establishment, the business must also comply with all provisions of this chapter.
7. 
Schools of cosmetology or barbering which comply with the requirements of California Business and Professions Code Section 7362 et seq. when instructors are acting within the scope of their employment or when students are working as unpaid externs pursuant to the requirements of California Business and Professions Code Section 7395.1.
8. 
Any other business or professions exempt by state law.
B. 
Partial Exception.
1. 
Businesses that offer massage services that are ancillary to the primary business shall only be required to comply with the provisions set forth in subsection (B)(2) of this section. For purposes of this subsection, ancillary massage services shall be those services where less than fifteen percent of the gross floor area of the business is devoted to massage.
2. 
Massage services provided under subsection (B)(1) of this section shall be required to comply with the following:
a. 
Massage services must be performed by the holder of a valid CAMTC certificate.
b. 
The business shall comply with the following provisions of this chapter:
i. 
Section 5.24.130(A)(1) relating to hours;
ii. 
Section 5.24.130(C) relating to instruments, equipment and personnel;
iii. 
Section 5.24.130(D)(1) through (3) relating to personnel lists;
iv. 
Section 5.24.130(E) relating to prohibited conduct;
v. 
Section 5.24.140(A) through (F) relating to building and facility requirements;
vi. 
Section 5.24.150 relating to inspections.
C. 
Any person claiming exception under this section shall furnish satisfactory evidence upon request that he or she is entitled to such exception, including, proof of bona fide employment, or if applicable, a citation to the particular provision of state law upon which that person relies.
(Ord. 730 § 1, 2016)
A. 
Nothing herein relieves an individual or business from obtaining a city business license, conditional use permit in accordance with Title 17 of this code, or other permit if otherwise required by law.
B. 
Any individual applying for a business license as a massage practitioner or a massage therapist shall provide proof of a current CAMTC certificate before being issued a business license.
(Ord. 730 § 1, 2016)
A. 
All massage establishments shall be required to submit a scaled floor plan as part of their application for a certificate of operation.
B. 
All businesses that claim a partial exemption from this chapter pursuant to Section 5.24.030(B) shall be required to submit scaled floor plans in order to verify the applicability of the exemption.
C. 
No changes may be made to the approved floor plan without written approval from the community development department, which may require modification of any conditional use permit related to the location.
(Ord. 730 § 1, 2016)