(A)
Except where a specific exemption is applicable under Section 6-32.230, it is a violation of this chapter for any person to engage in the practice of massage therapy and a massage business or establishment to employ or retain such a person, unless such person first obtains and continues to maintain in full force and affect a valid State certificate.
(B)
Any person holding a valid massage permit pursuant to prior Santa Rosa City Code Section 6-32.030 may continue to provide massage therapy under that massage permit until the date of expiration specified on that permit. All massage permits shall expire at 11:59 p.m. on the date of expiration specified on that permit. Upon expiration of the massage permit, any person who wants to engage in the practice of massage therapy shall be required to obtain a valid State certificate prior to performing any massage therapy.
(C)
Any
massage business or establishment holding a valid massage business
permit pursuant to prior Santa Rosa City Code 6-32.020 may continue
to provide massage therapy services until the date of expiration specified
on that permit, as long as their employees, agents, independent contractors
or other representatives providing massage therapy have a valid massage
permit or State certificate. All massage business permits shall expire
at 11:59 p.m. on the date of expiration specified in that permit.
Upon expiration of the massage business permit any massage business
or establishment will be required to comply with this chapter.
(Ord. 3937 § 1, 2010)
For the purpose of this chapter, the following words and phrases
shall have the following meanings unless it is apparent from the context
that a different meaning is intended.
means any rubbing, stroking, kneading, tapping, manipulation
or use of friction or pressure, with the hand or any other part of
the body or any instrument, upon the external parts of the body of
another, whether or not accompanied by the use of heat, light, water,
alcohol, oils, lotions, ointments or other chemicals or preparations,
and whether or not accompanied by any sauna, tub, shower or cabinet
bath, or hot or cold pack or any combination thereof.
means any business or establishment having a fixed place
of business or at a location designated by the patron where any person
for any consideration whatsoever performs or engages in any act of
massage as defined in this section, whether or not other facilities
or services are offered.
means any person who, for any consideration whatsoever, performs
or engages in any act of massage as defined in this section.
means any business, including one licensed as a massage establishment
under the provisions of this chapter, which for any consideration
whatsoever offers massage services not at a fixed location but at
a location specified by the patron, whether or not other facilities
or services also are offered. For the purposes of this chapter, an
out-call massage service includes one that is located at the street
address of any office, including a telephone answering and referral
office, which arranges the referral of a masseur or masseuse to a
location specified by the patron.
means an individual, partnership, firm, association, joint
stock company, corporation or combination of individuals as a business
venture of whatever form or character.
means any person who supervises, manages, directs, organizes,
controls or in any other way is responsible for or in charge of the
overall operation, conduct or activities of a massage business or
establishment.
means any of the following persons:
The sole proprietor of a massage business or establishment.
As used in this chapter, the term "sole proprietor" shall mean a massage
business or establishment where the owner is the only person employed
by that business or establishment to provide massage therapy;
Any general partner of a partnership that owns and operates
a massage business or establishment; or
Any person who has a 20 percent or greater ownership interest
in a corporation that owns and operates a massage business or establishment.
means the certificate issued by the massage therapy organization
to massage therapists pursuant to subdivision (c) of Section 4601
of the California Business and Professions Code, and to massage practitioners
pursuant to subdivision (b) of Section 4601 of the California Business
and Professions Code or subdivision (a) of Section 4604 of the California
Business and Professions Code.
means any person to whom a MTO certificate has been issued
pursuant to subdivision (c) of Section 4601 to the California Business
and Professions Code and who is engaged in the practice of massage
therapy for compensation. As used in this chapter, the terms "masseur"
or "masseuse" or "independent massage therapist or practitioner" shall
have the same meaning as "certified massage therapist."
means any person to whom a MTO certificate has been issued
pursuant to subdivision (b) of Section 4601 of the California Business
and Professions Code, or subdivision (a) or (c) of Section 4604 of
the California Business and Professions Code, and who is engaged in
the practice of massage therapy for compensation. As used in this
chapter, the terms "masseur" or "masseuse" or "independent massage
therapist or practitioner" shall have the same meaning as "certified
massage practitioner."
(Ord. 3937 § 1, 2010)
(A)
Required.
It shall be a misdemeanor for any person to engage in, conduct or
otherwise maintain in or upon any premises in the City the business
of a massage establishment or an out-call massage service without
a valid zoning clearance issued by the City of Santa Rosa Community
Development Department.
(B)
Zoning
Clearance. It shall be required for any independent massage therapist
or practitioner to provide copies of or other evidence of MTO certification
prior to obtaining a zoning clearance from the Santa Rosa Community
Development Department pursuant to Business and Professions Code Section
4612(b)(2)(B). Furthermore, it shall be required for any massage establishment
or business that employs or uses only persons certified pursuant to
this chapter to provide massage services to provide evidence of MTO
certification held by the persons who are providing massage services
at the business prior to obtaining a zoning clearance.
(Ord. 3937 § 1, 2010)
All massage establishments or out-call massage services including independent massage therapist or practitioners shall obtain a business tax certificate pursuant to the provisions of Santa Rosa City Code Chapter 6-04.
(Ord. 3937 § 1, 2010)
It shall be a misdemeanor for any person to perform or engage
in the practice of massage within the City without a valid and unrevoked
MTO certificate. The certificate required by this section shall be
maintained in compliance with the provisions of California Business
and Professions Code Section 4600 et seq.
(Ord. 3937 § 1, 2010)
(A)
It
shall be a misdemeanor for any massage establishment or out-call massage
service or its owner, operator or agent to hire or employ any person
for the purposes of performing massage services without requiring
that person to obtain a MTO certificate pursuant to the provisions
of this chapter.
(B)
Any
owner or operator who allows an employee, who is not in possession
of a valid, unrevoked, current MTO certificate to perform any massage
services whatsoever, shall be guilty of a misdemeanor.
(Ord. 3937 § 1, 2010)
The City Manager may order any zoning clearance required by
this chapter to be suspended, revoked or restricted for any violation
of this chapter or the provisions of Business and Professions Code
Section 4600 et seq., that occurs on the massage business premises.
(Ord. 3937 § 1, 2010)
