It is the purpose and intent of the
City of Roseville to comply with California law while also protecting
the health, safety and welfare of the inhabitants of the city through
the enactment of standards of professional competence and operational
requirements which promote the therapeutic use of massage therapy.
This chapter is not intended to be
exclusive and compliance with city regulations will not excuse noncompliance
with any state or local laws or regulations that are uniformly applied
to other professional or personal services businesses including, without
limitation, all zoning applications; business license regulations;
building, fire, electrical, and plumbing codes; and health and safety
laws and regulations applicable to professional or personal services
businesses.
The California State Legislature
implemented uniform statewide regulations pertaining to massage therapy
and massage businesses (enacted by AB 1147 in 2014 and extended by
AB 2194 in 2017 to January 1, 2021) now codified in Chapter 10.5 of
Division 2 of the California
Business and Professions Code (commencing
at Section 4600 et seq.), hereinafter referred to as the “Massage
Therapy Act,” which created a statewide system for issuing massage
worker permits, thereby preempting local permitting systems and requirements.
The statewide permitting system is administered by the California
Massage Therapy Council (“CAMTC”).
The Massage Therapy Act allows local
jurisdictions to enforce certain business licensing and to establish
reasonable health and safety requirements for massage businesses,
not in conflict with the Massage Therapy Act. To enable the city to
carry out the local regulation and review of massage businesses found
in the Massage Therapy Act, the city must maintain massage business
regulations in the Roseville Municipal Code.
The city wishes to promote the ethical
practice of massage therapy as an important healing art and to prevent
and discourage the misuse of massage therapy as a front for prostitution
activities in violation of the law, including, but not limited to,
subdivisions (a) and (b) of Section 647 of the California
Penal Code,
as may be amended.
The enhancement of the city’s
reasonable regulations on the operation of massage businesses and
the conduct of all massage service providers will serve to reduce
the risk of potentially injurious and illegal activity.
This chapter establishes a local
regulatory system for massage businesses to operate within the city.
(Ord. 5836 §
1, 2017)
The following words and phrases,
whenever used in this chapter, shall be construed as defined in this
section:
“Applicant”
means any person that seeks a massage business permit as
required by this chapter.
“Approved school of massage”
means any school or institution of learning which has for
its purpose the teaching of the theory, method, profession, or work
of massage therapists, which school requires a resident course of
study of not less than 125 hours to be given before the student shall
be furnished with a diploma or certificate of graduation from such
school or institution of learning showing the successful completion
of such course of study. Schools offering correspondence course(s)
not requiring actual attendance of class shall not be deemed recognized
schools. Schools not approved by the state of California under the
provisions of Section 4601(a) of the California Business and Professions
Code or an equivalent out of state school shall not be deemed recognized
schools.
“Certificate”
means the certificate, or conditional certificate, issued
by the CAMTC to massage therapists, pursuant to Business and Professions
Code Section 4601(h) and to massage practitioners pursuant to subdivision
4601(g), or 4604.1(a), 4604.2(c) that entitles the holder to practice
massage. When used in this chapter, “certification” means
a person who has an active and valid CAMTC certificate.
“City”
means the City of Roseville.
“Compensation”
means the payment, loan, advance, donation, contribution,
deposit, or gift of money or anything of value.
“Convicted”
means having entered a plea, or receiving a verdict, of guilty.
“Convicted” also includes having entered a plea of nolo
contendere.
“Independent contractor”
means a person who contracts to do work for another person
according to his or her own processes and methods; the contractor
is not subject to another’s control except for what is specified
in a mutually binding agreement for a specific job.
“Manager”
means a person who supervises, inspects, directs, organizes,
controls, or in any other way is responsible for or in charge of the
conduct of the activities within a massage business.
“Massage” or “massage therapy”
means the systematic and scientific manipulation and treatment
involving the external manipulation or pressure of soft tissue for
therapeutic purposes. Massage therapy includes any method of pressure
on or friction against, or stroking, kneading, rubbing, tapping, pounding,
vibrating, or stimulating of the external surfaces of the body with
hands, apparatus or appliances, with or without such supplementary
aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams,
lotions, ointment, or other similar preparations. Massage therapy
scope of practice does not include diagnosis, prescribing of drugs
or medicines, spinal or other joint manipulations, nor any service
or procedure for which a license to practice medicine, chiropractic,
physical therapy, acupuncture, or podiatry is required by law.
“Massage establishment”
means a fixed place of business, premises, facility or membership
club where any person gives, performs or administers massage for compensation.
“Massage professional”
means any person who performs or administers to another person
massage for compensation. Massage professionals shall include massage
practitioners and massage therapists.
“Mobile massage services”
means services in which a massage professional gives, performs
or administers to another person a massage for compensation at a location
other than a massage establishment permitted pursuant to this chapter.
“Owner”
means any and all owners of a massage business including
any of the following persons:
1.
A sole provider as defined in subsection
R of this section;
2.
Any general partner of a general
or limited partnership that owns a massage business;
3.
Any person who has an ownership interest
in a corporation that owns a massage business;
4.
Any person who is a member of a limited
liability company that owns a massage business;
5.
A massage professional acting as
an independent contractor as defined in subsection H of this section;
6.
All owners of any other type of business
association that owns a massage business.
“Permit”
means the massage business permit.
“Person”
means any natural person, individual, group, firm, association,
partnership, corporation, company, sole proprietorship, or any other
legal entity.
“Police chief”
means the chief of police of the City of Roseville and his
or her designee.
“Sole provider”
means a massage business where the owner owns 100 percent
of the business, is the only person who provides massage services
for compensation for that business, and has no other employees or
independent contractors.
(Ord. 5836 §
1, 2017)
It is unlawful for any person to
advertise massage services within the city without complying with
the requirements provided for in this chapter.
(Ord. 5836 §
1, 2017)
A permit for a massage business shall be issued for a term of two years. It may be renewed by the police chief for additional two-year periods upon application by the permittee unless the permit is suspended or revoked in accordance with Section
9.10.140. An application for renewal shall be accompanied by a nonrefundable fee as established by resolution adopted by the city council, as amended from time to time.
(Ord. 5836 §
1, 2017)
Every application for a massage business
permit shall be accompanied by a nonrefundable fee as established
by resolution adopted by the city council, as amended from time to
time. The application and fee required pursuant to this section shall
be in addition to any other license, permit or fee required by federal,
state or local law. Applicants who have an existing massage permit
in good standing at the time of the enactment of this chapter are
exempt from this fee requirement.
(Ord. 5836 §
1, 2017)
The police chief shall cause a written
notice of his or her decision to issue, condition or deny a permit
to be mailed to the applicant by certified U.S. mail, postage prepaid,
return receipt requested. An applicant aggrieved by the police chiefs
decision to condition or deny a permit may appeal such decision to
the city manager, or his or her designee, by filing a written notice
with the city clerk within 14 calendar days of the applicant’s
receipt of the police chief’s written notice of decision. If
an appeal is not filed within such time, the police chief’s
decision shall be final.
(Ord. 5836 §
1, 2017; Ord. 6155 § 1, 2019)
Upon appeal to the city manager,
or his or her designee, the permit application shall be scheduled
by the city clerk for a public hearing within 45 calendar days, or
as soon thereafter as is practicable.
(Ord. 5836 §
1, 2017; Ord. 6155 § 2, 2019)
Following a hearing, the city manager,
or his or her designee, may grant the permit subject to such conditions
as it deems reasonable under the circumstances, or it may deny the
issuance of the permit if it finds any of the grounds specified in
Section 9.10.080(8). The decision of the city manager, or his or her
designee shall be final.
(Ord. 5836 §
1, 2017; Ord. 6155 § 3, 2019)
Any permit issued under the terms of this chapter may be suspended or revoked by the police chief in writing upon determining that any of the grounds specified in Section
9.10.140 exist. No permit shall be revoked or suspended by virtue of this section until a hearing has been held by the police chief. Written notice of the time and place of such hearing shall be served upon the person to whom the permit was granted at least five calendar days prior to the date set for such hearing. Such notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending such permit. Service of notice may be either by personal delivery to the person to be notified, or by depositing it in the U.S. mail in a sealed envelope, postage prepaid, addressed to the person to be notified at his or her address as it appears in his or her application for a permit. The hearing must be held within 10 calendar days of the date of service of notice.
(Ord. 5836 §
1, 2017)
Any permit issued under the terms
of this chapter may be suspended or revoked if any permittee, his
or her agent, employee, or independent contractor:
A. Has demonstrated a pattern of violating
or failing to comply with the terms and conditions of the permit.
B. Does any act which violates any of the
grounds for denial of the permit.
C. Has demonstrated a pattern of violating
any other provision of this chapter or any federal, state or local
law or regulation relating to his or her permitted activity.
D. Has demonstrated a pattern of engaging
in or permitting misconduct substantially related to the qualifications,
functions or duties of the permittee.
E. Conducts the massage business in a manner
contrary to the peace, health, or safety of the public.
F. Has knowingly made any false, misleading
or fraudulent statement of material fact in the application or in
any documentation required to be filed in conjunction with said application.
G. Has been convicted of any of the crimes
identified in Section 9.10.080(B)(1)(a), (B)(1)(b) or (B)(1)(c).
H. Engages in unprofessional conduct, including,
but not limited to, the following:
1. Engaging in sexually suggestive advertising
related to massage services.
2. Engaging in any form of sexual activity
on the premises of a massage establishment where massage is provided
for compensation.
3. Engaging in sexual activity while providing
massage services for compensation.
4. Practicing massage on a suspended or revoked
permit.
5. Practicing massage without a permit.
6. Providing massage of the genitals or anal
region.
7. Providing massage of the female breasts
without the written consent of the person receiving the massage and
a referral from a licensed California health provider.
8. Dressing while engaged in the practice
of massage for compensation, or while visible to clients in a massage
establishment, in any of the following:
a.
Attire that is transparent, see-through,
or substantially exposes the massage professional’s undergarments.
b.
Swim attire, if not providing a water
based massage modality approved by the CAMTC.
c.
A manner that exposes the massage
professional’s breasts, buttocks, or genitals.
d.
A manner that constitutes a violation
of Section 314 of the California
Penal Code, as may be amended.
e.
A manner that is otherwise deemed
by the CAMTC to constitute unprofessional attire based on the custom
and practice of the profession in California.
(Ord. 5836 §
1, 2017)
Any permittee aggrieved by the decision of the police chief in refusing to renew, suspending or revoking a permit may, within 14 calendar days from the issuance of the police chiefs written decision, appeal to the city manager, or his or her designee, by filing a written notice with the city clerk. During the pendency of the appeal to the city manager, or his or her designee, the permit shall remain in effect. If such appeal is not filed within 14 calendar days, the decision of the police chief shall be final. If an appeal is filed in a timely manner, the city manager, or his or her designee shall, after notice as provided in Section
9.10.110, hold a hearing on the appeal, and deny the renewal for any of the grounds specified in Section
9.10.080 or suspend or revoke the permit for any of the grounds specified in Section
9.10.140. The city manager’s, or his or her designee’s decision shall be final.
(Ord. 5836 §
1, 2017; Ord. 6155 § 4, 2019)
If a massage business permit is suspended
or revoked pursuant to this chapter, no permit shall be granted to
the former permittee to conduct or carry on a massage business within
one year after such suspension or revocation. Furthermore, when an
application for a permit is denied for cause, no new application for
a permit from the same person shall be accepted within one year after
denial unless the applicant can show a material change in his or her
situation that would justify the issuance of such permit.
(Ord. 5836 §
1, 2017)
It is unlawful for any person to
employ or retain anyone under the age of 18 years as a massage professional.
It is unlawful for any person under the age of 18 to perform services
as a massage professional.
(Ord. 5836 §
1, 2017)
All owners and managers shall comply
with the following operating requirements for massage businesses as
well as any other conditions specified by the police chief:
A. Structure. Massage businesses shall be
carried on in a permanent building. The owner shall obtain all required
building permits per the
California Building Code (“CBC”).
B. Signs. Any signs shall be in conformance
with the current sign ordinances of the city. Each owner and/or manager
shall post and maintain, adjacent to the main entrance and the front
of the business, a readable informational sign identifying the premises
as a massage establishment.
C. Services List. Each owner and/or manager
shall post and maintain a list of services available and the cost
of such services in the lobby of the massage establishment in a conspicuous
public place. The services shall be described in English. No owner
or manager shall permit, and no person employed or retained by the
massage business shall offer to perform, any services or charge any
fees other than those posted.
D. Lighting. The interior of the massage establishment
shall maintain adequate illumination to make the conduct of employees,
independent contractors, and clients within the premises readily discernible.
No strobe or flashing lights shall be used.
E. Ventilation. In each massage room, the
owner and/or manager shall provide minimum ventilation in accordance
with the applicable building and fire Codes.
F. Toilet Facilities. A minimum of one toilet
and one separate wash basin shall be provided for clients in each
massage establishment. The wash basin shall provide soap and hot and
cold running water at all times and shall be located within close
proximity to the massage rooms. A permanently installed soap dispenser,
filled with soap, and a single service towel dispenser or hand dryer
shall be provided at the restroom wash basin. Bar soaps shall not
be used. A trash receptacle shall be provided in each toilet room.
G. Massage Rooms. The room where massage is
administered for each client shall have doors that remain unlocked
at all times any client is in the room. A separate dressing area and
clothing storage area is required where the massage is performed in
a place other than where the client changes his or her clothing. Doors
to such dressing rooms shall be self-closing.
H. Maintenance. Wet and dry heat rooms, shower
rooms and bath and toilet rooms shall be thoroughly cleaned and disinfected
as needed, but at least once each day the premises are open. All facilities
for the massage establishment must be in good repair and shall be
thoroughly cleaned and sanitized at least on a daily basis when the
massage establishment is in operation.
I. Massage Tables. A massage table shall be
provided in each massage room and all massages shall be performed
on the massage table, with the exception of “Thai,” “Shiatsu,”
and similar modalities of massage therapy, which may be performed
on a padded mat on the floor. No more than one client may occupy a
massage table at the same time. Beds and floor mattresses shall not
be permitted on the premises.
J. Front Door. One front door that enters
into the lobby and/or other waiting room shall be provided for client
use. All clients and any persons other than employees or independent
contractors shall be required to enter and exit through the front
door of the massage establishment.
(Ord. 5836 §
1, 2017)
All owners and managers shall comply
with the following operating requirements for massage businesses as
well as any other conditions specified by the police chief:
A. Sanitation. Each owner and/or manager shall
provide and maintain on the premises adequate equipment and supplies
for disinfecting and sterilizing instruments used in providing massages.
Every portion of a massage establishment, including appliances and
apparatus, shall be kept clean and in a sanitary condition. Appliances,
apparatus, and equipment shall be disinfected after each use.
B. Linen. Shared use of towels or linen shall
not be permitted. Towels and linen shall be laundered or changed promptly
after each use and stored in a sanitary manner.
C. Living Quarters Prohibited. No person or
persons shall be allowed to reside, dwell, occupy or live inside a
massage establishment at any time. A kitchen, if any, shall be for
the sole use of employees and independent contractors, and shall be
installed in an “employees only” area.
D. Persons Consuming Alcohol or Drugs. No
person shall enter, be, or remain in any part of a massage establishment
while under the influence of an alcoholic beverage or drug unless
it is a drug prescribed for that individual. The owner or manager
shall not permit any person under the influence of an alcoholic beverage
or non-prescribed drug to enter or remain on such premises. Furthermore,
no person shall administer or receive a massage while consuming or
using an alcoholic beverage or drug unless it is a drug prescribed
for that individual.
E. Recordings. No building or part thereof
where massage or massage services are being conducted shall be equipped
with any electronic, mechanical or artificial device used, or capable
of being used, for recording or videotaping or monitoring the activities,
conversation or other sounds in the treatment room or room used by
clients. In the event a portable recording device is located within
a treatment room, the camera and/or microphone area of the device
shall be covered so as to render those capabilities inoperable.
F. Warning Devices. The presence of any device
which can be utilized as an early warning system, to alert the employees
or independent contractors of a massage business to the presence of
law enforcement officers or city authorities is prohibited in any
massage establishment. Said devices may include, but are not limited
to, light or music dimmers, electronic detection devices, external
or internal video equipment and alarm systems other than those used
for fire alarms. Standard alert chimes to notify staff that a client
has entered are permitted.
G. Coverings. Each massage establishment shall
provide to all clients clean, sanitary, and opaque coverings of a
minimum size of 30 inches by 60 inches, capable of covering the clients’
specified anatomical areas, including, but not limited to, the genital
area, buttocks, and female breasts. No shared use of such covering
shall be permitted, and re-use is specifically prohibited unless adequately
cleaned prior to its re-use.
H. Records. Every owner and/or manager shall
keep a record of the dates and hours of each treatment or service,
the name and address of the client as confirmed by valid identification,
the name of the massage professional administering such service and
a description of the treatment or services rendered. These records
shall be prepared prior to administering any massage or treatment
and shall be retained for a period of two years after such treatment
or service.
I. Hours of Operation. No massage establishment
shall be open for business except during the hours of 6:00 a.m. to
10:00 p.m. on any day.
J. Doors. All exterior doors (except a rear
entrance for staff only) and interior doors must remain unlocked during
business hours, unless there is no massage business staff available
to assure the security of clients and massage professionals who are
behind closed doors. This subsection shall not apply to sole providers
as defined in Section 9.10.020(R) of this chapter.
K. Dress Code for Clients and Visitors. Except
for a client who is inside a massage room for the purpose of receiving
a massage, no clients or visitors shall be permitted in or on the
massage establishment premises at any time who are not fully clothed
in outer garments of nontransparent material, or who display or expose
themselves in underclothing, sheer clothing, or similar intimate apparel
that exposes the breasts, buttocks, or genital area.
L. Advertising.
1. Any advertising matter published or distributed
shall include in legible print the massage business permit number.
2. No massage business shall place, publish
or distribute or cause to be placed, published or distributed any
advertising matter that:
a.
Depicts any portion of the human
body that would reasonably suggest to prospective clients that any
service is available other than legitimate massage services; or
b.
Depicts individuals in suggestive
poses that would reasonably suggest to prospective clients that any
service is available other than legitimate massage services; or
c.
Employs language in the text of any
advertising that would reasonably suggest to prospective clients that
any service is available other than legitimate massage services.
(Ord. 5836 §
1, 2017)
Every massage business permit issued
pursuant to this chapter shall be conspicuously displayed so that
it may be easily seen by any client or other person on the massage
establishment premises.
(Ord. 5836 §
1, 2017)
Any massage business permit issued
pursuant to this chapter is valid only at the address, if applicable,
and for the person specified therein and cannot be sold, transferred
or assigned to any other person. Change of the massage business address
requires the owner or manager to notify the police chief in writing
10 calendar days prior to the massage business moving to a new location
and requires an inspection of the massage establishment prior to the
massage business accepting clients for massage therapy. Failure to
notify the police chief of the change of address shall render any
permit void and any operation of a massage business unlawful.
(Ord. 5836 §
1, 2017)
The following persons and businesses
shall be exempt from the requirements of this chapter.
A. Persons holding an active and valid certificate
to practice the healing arts under the laws of the state of California
and their employees and independent contractors, including, but not
limited to, holders of medical degrees such as physicians, surgeons,
chiropractors, osteopaths, naturopaths, podiatrists, acupuncturists,
physical therapists, registered nurses, and licensed vocational nurses,
when practicing the healing arts within the scope of an applicable
license.
B. State-licensed hospitals, nursing homes,
sanitariums, physiotherapy businesses, or other state-licensed physical
or mental health facilities and their employees or independent contractors.
C. Approved schools of massage and their students
in training, provided such students provide massage therapy only under
the direct personal supervision of an instructor.
D. Barbers and cosmetologists who are licensed
under the laws of the state of California, while providing massage
therapy within the scope of their licenses, provided that such massage
therapy is limited solely to the neck, face, scalp, feet, and lower
limbs up to the knees, and hands and arms, of their clients.
E. Persons who, acting within the scope of
their employment, provide massage therapy to semi-professional or
professional athletes or athletic teams, facilities or events, so
long as such persons do not practice massage therapy as their primary
occupation within city limits.
(Ord. 5836 §
1, 2017)
It is unlawful and a public nuisance
to intentionally violate any of the provisions of this chapter. Violation
of this chapter may be charged as either an infraction or a misdemeanor
in the discretion of the city attorney.
(Ord. 5836 §
1, 2017)
The violation of any provision of
this chapter shall be and is hereby declared to be contrary to the
public interest and shall, at the discretion of city, create a cause
of action for injunctive relief.
(Ord. 5836 §
1, 2017)
In addition to the civil remedies
and criminal penalties set forth above, any person that violates the
provisions of this chapter may be subject to administrative remedies,
as set forth by city ordinance.
(Ord. 5836 §
1, 2017)
Unless otherwise expressly provided,
the remedies, procedures and penalties provided by this chapter are
cumulative to each other and to any others available under state law
or other city ordinances.
(Ord. 5836 §
1, 2017)
Any person that violates any provision
of this chapter shall be guilty of a separate offense for each and
every day during any portion of which any such person commits, continues,
permits, or causes a violation thereof, and shall be punished accordingly.
(Ord. 5836 §
1, 2017)
The provisions of this chapter are
hereby declared to be severable. If any provision, clause, word, sentence,
or paragraph of this chapter or the application thereof to any person,
establishment, or circumstances shall be held invalid, such invalidity
shall not affect the other provisions or application of this chapter.
(Ord. 5836 §
1, 2017)