"CAMTC"
means the California Massage Therapy Council created under the Massage Therapy Act (Business and Professions Code Section 4600 et seq.).
"City"
means the city of Fountain Valley.
"Compensation"
means a payment, loan, advance, donation, contribution, deposit, gift of money, or anything of value.
"Massage"
means the scientific manipulation of soft tissues.
"Massage establishment"
means a fixed location where massage is performed for compensation.
"Massage therapist"
means a person who performs massage for compensation pursuant to a current, valid massage therapist or massage practitioner certificate issued by CAMTC.
"Outcall massage service"
means a business that provides massage at a location designated by the client or massage therapist, other than a massage establishment.
"Person"
means a natural person, firm, corporation, business, trust, partnership, unincorporated association, or other entity.
(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.
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.
(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.
The decision of the chief of police may be appealed to the city manager. The city manager's decision is final.
(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)
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)