means the California Massage Therapy Council created under
the Massage Therapy Act (Business and Professions Code Section 4600
et seq.).
means the city of Fountain Valley.
means a payment, loan, advance, donation, contribution, deposit,
gift of money, or anything of value.
means the scientific manipulation of soft tissues.
means a fixed location where massage is performed for compensation.
means a person who performs massage for compensation pursuant
to a current, valid massage therapist or massage practitioner certificate
issued by CAMTC.
means a business that provides massage at a location designated
by the client or massage therapist, other than a massage establishment.
means a natural person, firm, corporation, business, trust,
partnership, unincorporated association, or other entity.
(Ord. 1504 § 2, 2015)
No person shall administer massage for compensation without
having a current, valid massage therapist or massage practitioner
certificate issued by CAMTC.
(Ord. 1504 § 2, 2015)
No person may own or operate a massage establishment or outcall
massage service in the city without having a current, valid city-issued
massage establishment permit.
(Ord. 1504 § 2, 2015)
The following are exempt from the requirement of a massage establishment
permit provided the conditions specified herein exist and remain existing
for the entire time for which the exemption is claimed:
(a)
Establishments
in which persons providing massage services are licensed or otherwise
regulated by the state to provide massage services including, but
not limited to, doctors, osteopaths, podiatrists, chiropractors, physical
therapists, registered nurses and acupuncturists provided that massage
is being conducted in accordance with those state laws or regulations.
(b)
Beauty
shops and other places where licensed cosmetologists and estheticians
perform the preponderance of the business activity, and provided that
no more than one bed or similar device is employed for massage.
(Ord. 1504 § 2, 2015)
Any person seeking to obtain a massage establishment permit
must:
(a)
Fully
and truthfully complete the city-provided application form; and
(b)
Undergo
a background check by the police department; and
(c)
Pay
a non-refundable application fee.
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If, during the term of the background check or after a massage
establishment permit is granted, the applicant has any change in information
submitted on the original or renewal application, the applicant shall
notify the city's business license division of such change in writing
within ten business days.
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(Ord. 1504 § 2, 2015)
An application for a massage establishment permit will be reviewed
by the chief of police or designee who shall approve or deny the application
in writing within sixty days of receipt of a complete application
and non-refundable application fee. The application shall be denied
in any of the following cases:
(a)
The
person seeking to obtain the massage establishment permit:
(1)
Has been convicted of any felony, or conspiracy or attempt to commit
any felony, or
(2)
Has been convicted of any misdemeanor, or conspiracy or attempt to
commit any misdemeanor, that is sexual in nature, or
(3)
Has been convicted of any crime of moral turpitude, or conspiracy
or attempt to commit any crime of moral turpitude, or
(4)
Has been the subject of a public nuisance injunction for conduct
that is sexual in nature within the past five years;
(b)
The
operation of the massage establishment would, if allowed, constitute
a public nuisance, or would be detrimental to the public health, safety
or general welfare;
(c)
The
person seeking to obtain the massage establishment permit made a false,
misleading, or fraudulent statement of fact to the city in the permit
application process;
(d)
The
application is incomplete;
(e)
The
person seeking to obtain the massage establishment permit has not
satisfied the requirements of this chapter;
(f)
The
person seeking to obtain the massage establishment permit has been
denied, suspended, or had a certificate revoked by CAMTC.
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The decision of the chief of police may be appealed to the city
manager. The city manager's decision is final.
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(Ord. 1504 § 2, 2015)
A massage establishment permit is not transferable.
(Ord. 1504 § 2, 2015)
Massage establishment permits shall expire twelve months from
issuance. Renewal applications must be filed with the business license
division no later than thirty days prior to the expiration of the
permit to prevent a lapse of the permit. Each applicant seeking a
renewal shall provide such information as may be required by the business
license division to update the information required for the original
massage establishment permit application. The applicant shall accompany
the application for renewal with the appropriate application fee.
(Ord. 1504 § 2, 2015)
In addition to civil, administrative, and criminal remedies,
a massage establishment permit may be suspended or revoked upon any
of the following grounds:
(a)
The
applicant made material misrepresentations on the massage establishment
permit application or request for renewal.
(b)
The
holder of the massage establishment permit or any person working in
the massage establishment has violated any of the provisions of this
chapter.
(c)
The
conditions warranting approval of the massage establishment permit
or renewal no longer exist.
(Ord. 1504 § 2, 2015)
(a)
Designation.
No person who is granted a massage establishment permit shall operate
the massage establishment or outcall service under any name or conduct
business under any designation not specified in the permit.
(b)
Certified
Massage Therapists. No person may own, operate, or manage a massage
establishment or outcall massage service unless each person performing
massage for compensation at the massage establishment or pursuant
to the outcall massage service has a current, valid massage therapist
or massage practitioner certificate issued by CAMTC.
(c)
On-Site
Manager. The owner, operator, any other person in charge of a massage
establishment shall ensure that a manager is on the premises at all
times during which the massage establishment is open.
(d)
Postings.
The owner, manager and any person in charge of a massage establishment
shall ensure that copies of the following documents are conspicuously
posted in the public area of the premises:
(1)
The CAMTC certification for each on-duty massage therapist; and
(2)
The massage establishment permit; and
(3)
A list of services available and the cost of such services. No owner,
manager, or other person in charge of a massage establishment shall
permit, and no massage therapist shall offer or perform, any service
other than those posted on the list of services.
(e)
Hours
of Operation. No massage establishment or outcall service may be open
or operate between the hours of ten p.m. and seven a.m. of any day.
All clients and visitors must be excluded from the massage establishment
during those hours.
(f)
Distance.
No massage establishment may locate within one thousand feet of the
nearest property line of another massage establishment.
(g)
Clothing.
All persons working in a massage establishment or performing outcall
massage services must wear clothing that complies with California
Business and Professions Code Section 4609(a)(10).
(h)
Covering
of Patrons. Each massage establishment shall provide to all patrons
clean, sanitary, and opaque covering capable of covering the patrons'
genital area and female breast(s). Common use of such coverings and
reuse are prohibited unless adequately cleaned. No person working
at a massage establishment shall be present in any room with another
person unless the person's genitals and, in the case of a female,
her breast(s) are fully covered.
(i)
Massage
Table. A massage table shall be provided in each massage room and
the massage shall be performed on this massage table. The table should
have a minimum height of eighteen inches. Two-inch thick foam pads
with a maximum width of four feet may be used on a massage table and
must be covered with durable, washable plastic or other waterproof
material. Beds, floor mattresses and waterbeds may not be used in
the administration of massage.
(j)
Linen.
Common use of towels or linens is prohibited. Towels and linens must
be laundered after each use. Separate enclosed cabinets shall be provided
for the storage of clean and soiled linen and shall be plainly marked
"Clean Linen" and "Soiled Linen" and shall have doors or covers.
(k)
Sterilization
Equipment. The owner, operator and manager of a massage establishment
shall provide and maintain adequate equipment for disinfecting and
sterilizing instruments used in massage.
(l)
Bath
Facilities. A minimum of one toilet and washbasin shall be provided
for patrons in every massage establishment. Separate bathing, massage
rooms, dressing, toilet facilities, steam rooms and saunas shall be
provided for male and female patrons. Hot and cold running water under
pressure shall be provided to all washbasins, bathtubs, showers and
similar equipment. In addition to the wash basin provided for patrons,
a minimum of one separate wash basin shall be provided in each massage
establishment for use of employees, which shall provide soap or detergent
and hot running water at all times and shall be located within or
as near as practical to the area devoted to the performance of massage
services. A permanently installed soap dispenser, filled with soap,
and a single service towel dispenser shall be provided at the patron
restroom hand wash sink, employee hand wash sink, and shower stalls.
Bar soap shall not be used. A trash receptacle shall be provided in
each restroom.
(m)
Lighting.
The owner, operator, and manager shall ensure that lighting in each
massage room includes at least one forty watt white light bulb. No
strobe flashing lights shall be used. No colored lights shall be used
as a primary light source nor shall any coverings be used which change
the color of the primary light source.
(n)
Maintenance.
All walls, ceilings, floors, pools, showers, bathtubs, steam rooms,
and other physical facilities for the massage establishment must be
in good repair and maintained in a clean and sanitary condition. Wet
and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets,
shower compartments, and toilet rooms shall be thoroughly cleaned
each day the business is in operation. Bathtubs shall be thoroughly
cleaned after each use. All walls, floors and ceilings of each restroom
and shower area shall be made smooth and easily cleanable. All floors
shall have an approved floor covering. No carpeting shall be installed
in any of these areas.
(o)
Signs.
Each massage establishment must maintain, after obtaining the necessary
city permits, a sign posted adjacent to the main entrance identifying
the premises as a massage establishment. The sign must comply with
the city's zoning laws.
(p)
Alcoholic
Beverages/Controlled Substances. No person shall enter or remain in
a massage establishment while in possession of, consuming, or under
the influence of a controlled substance without a prescription or
alcohol. The owner, operator and manager of the massage establishment
shall ensure that no such person enters or remains in the massage
establishment. Service of alcoholic beverages in a massage establishment
is prohibited.
(q)
Food.
No food of any kind shall be prepared for sale or sold in a massage
establishment unless an appropriate permit is granted by the city.
(r)
Living
Inside Massage Establishment Prohibited. No person shall live inside
a massage establishment. No owner, manager, or other person in charge
of a massage establishment shall allow any person to live inside the
massage establishment.
(s)
Recordings.
No building or part thereof used as a massage establishment shall
be equipped with any electronic, mechanical or artificial device used
or to be used for recording or monitoring the performance of the massage
or the conversation or other sounds in the massage rooms.
(t)
Records.
Every owner, manager, and other person in charge of a massage establishment
shall keep a record of the dates and hours of each treatment or service,
name and address of the patron, name of the technician administering
such service and description of the treatment or service rendered.
These records shall be retained for a period of twenty-four months
after such treatment or service. A short medical history form shall
be completed by the patron to determine if the patron has any communicable
diseases, areas of pain, high blood pressure, or any physical condition
which may be adversely affected by massage. Said records shall be
open to inspection by health officials charged with preventing the
spread of communicable and contagious diseases and to officials charged
with administering this code. The information furnished or secured
as a result of any such records should be used only to ensure and
enforce compliance with this chapter and other applicable laws and
shall otherwise remain confidential. Officials charged with enforcement
of this chapter shall periodically inspect said records to ensure
compliance with this section.
(u)
Insurance.
No person shall operate a massage establishment unless there is on
file with the city clerk, in full force and effect at all times, a
document issued by an insurance company authorized to do business
in the state evidencing that the permittee is insured under a liability
insurance policy providing minimum coverage of fifty thousand dollars
for injury or death of one person arising out of the operation of
the massage establishment and the administration of a massage.
(v)
Inspections.
City's officials and personnel may, from time to time, make an inspection
of each massage establishment for the purpose of determining that
the provisions of this chapter and other provisions of local, state
and federal law are met.
(Ord. 1504 § 2, 2015)
There shall be no more than seven massage establishments in
the city at any given time.
(Ord. 1504 § 2, 2015; Ord. 1557 § 1, 2020)
The city council shall establish by resolution, and from time
to time amend, fees for the administration of this chapter. Fees required
by this chapter shall be in addition to any fees required under any
other chapter of this code.
(Ord. 1504 § 2, 2015)
Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter shall be, and the same is declared to be, unlawful and a public nuisance, punishable as provided in Chapter 1.16 of this code. It is also unlawful and a public nuisance, punishable as provided in Chapter 1.16 of this code, for any person to violate any provision of this chapter or to fail to truthfully answer any question on a massage permit application or renewal application.
(Ord. 1504 § 2, 2015)
