This Chapter may be cited as the Palm Springs Massage Ordinance.
(Ord. 1234 § 1, 1985; Ord. 1871 § 1, 2015)
It is the purpose and intent of this Chapter to provide for
the orderly regulation of massage establishments in the City by establishing
certain minimum standards for the conduct of this type of business
which will protect the public health and welfare of the citizens of
the City.
(Ord. 1234 § 1, 1985; Ord. 1871 § 1, 2015)
For the purpose of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
means the City Manager of the City or the designee or designees
of the City Manager.
means any person who renders any service in connection with
the operation of a massage business and receives compensation from
the operator of the business or its patrons. For the purpose of this
Chapter, the term "employee" includes independent contractors.
means the non-profit organization formed pursuant to California
Business and Professions Code Chapter 10.5 commencing with section
4600, as may be amended from time to time.
means any individual certified by the California Massage
Therapy Council as either a Certified Massage Practitioner or as a
Certified Massage Therapist pursuant to California Business and Professions
Code section 4600 et seq., as may be amended from time to time.
means the Department of Public Health of the County of Riverside.
means the person to whom a massage establishment permit has
been issued to own or operate a massage establishment as defined in
this section.
means any method of pressure on or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating, or stimulating of
the external parts of the human body with the hands or with the aid
of any mechanical or electrical apparatus or appliances with or without
such supplementary aids as rubbing alcohol, liniments, antiseptics,
oils, powder, creams, lotions, ointment or other such similar preparations
commonly used in the practice of massage, under such circumstances
that it is reasonably expected that the person to whom the treatment
is provided or some third person on his or her behalf will pay money
or give any other consideration or any gratuity therefor.
means any business, enterprise or establishment having a
source of income or compensation derived from the practice of massage
as defined in subsection (7), and which has a fixed place of business
where any person, firm, association, partnership, corporation, corporation
or combination of individuals engages in or carries on any of the
activities as defined in subsection (7).
means any person who, for any consideration whatsoever, engages
in the practice of massage as defined in subsection (7).
means any person who receives a massage on the premises of
a massage establishment under such circumstances that it is reasonably
expected that he or she will pay money or give any other consideration
therefor.
means any individual, partnership, firm, association, joint
stock company, corporation, limited liability company, or combination
of individuals of whatever form or character.
(Ord. 1234 § 1, 1985; Ord. 1871 § 1, 2015)
(a)
Massage
Establishment Permit Required.
No person shall engage in or carry out the business of massage
unless he or she has a valid massage establishment permit issued by
the City Manager pursuant to the provisions of this Chapter for each
and every separate office or place of business conducted by such person.
(b)
California
Massage Therapy Council Certificate Required.
(c)
Business
License Required.
In addition to the requirements of subsections (a) and (b) above, no person shall engage in or carry out the business of massage without first having procured a business license pursuant to the requirements of Palm Springs Municipal Code Chapters 3.40 through 3.96 inclusive and having paid the tax hereunder.
(Ord. 1234 § 1, 1985; Ord. 1432 § 1, 1993; Ord. 1871 § 1, 2015)
This Chapter shall not apply to the following individuals while
engaged in the personal performance of the duties of their respective
professions:
(1)
Physicians,
surgeons, chiropractors, osteopaths, or physical therapists who are
duly licensed to practice their respective professions in the state
of California;
(2)
Nurses
who are registered under the laws of the state of California;
(3)
Barbers,
beauticians, manicurists, and pedicurists who are duly licensed under
the laws of the state of California except that this exemption shall
apply solely to the massaging of the neck, face, scalp, hair, hands
or feet of the customer or client for cosmetic or beautifying purposes.
(Ord. 1234 § 1, 1985; Ord. 1871 § 1, 2015)
Every applicant for a permit to maintain, operate, or conduct
a massage establishment shall file an application under oath with
the city manager upon a form provided by said collector and pay a
nonrefundable annual permit fee in such amount, as established by
resolution of the city council. Permittees who have already paid the
permit fee for the current period shall not be required to pay an
additional fee hereunder. The application, once accepted, shall be
referred to the chief of police for investigation. Copies of the application
shall within five days also be referred to the building and safety
department, fire department, the health department, and the planning
department. The departments shall within 30 days inspect the premises
proposed to be operated as a massage establishment and shall make
written verification to the city manager concerning compliance with
the codes of the city that they administer. The application shall
further be referred to the police department for investigation of
the applicant's character and qualifications. Each application
shall contain the following information:
(1)
A
definition of service to be provided;
(2)
The
location, mailing address and all telephone numbers where the business
is to be conducted;
(3)
The
name and residence address of each applicant. Hereinafter all provisions
which refer to applicant include an applicant which may be a corporation,
partnership or limited liability company;
(A)
If applicant is a corporation, the names and residence addresses
of each of the officers and directors of said corporation and of each
stockholder owning more than ten percent of the stock of the corporation,
and the address of the corporation itself, if different from the address
of the massage establishment,
(B)
If applicant is a partnership, the names and addresses of each of
the partners including limited partners, and the address of the partnership
itself, if different from the address of the massage establishment,
(C)
If applicant is a limited liability company, the names and addresses
of each of the members of said company, and the address of the company
itself, if different from the address of the massage establishment;
(4)
The
two previous addresses immediately prior to the present address of
the applicant;
(5)
Proof
that the applicant is at least eighteen years of age;
(6)
Individual
or partnership applicant's height, weight, color of eyes and hair,
and sex;
(7)
Copy
of identification such as driver's license or social security card;
(8)
One
portrait photograph of the applicant at least two inches by two inches
and a complete set of applicant's fingerprints which shall be taken
by the chief of police or his or her agent. If the applicant is a
corporation, one portrait photograph at least two inches by two inches
of all officers and managing agents of said corporation and a complete
set of the same officers' and agents' fingerprints which shall be
taken by the chief of police or his or her agent. If the applicant
is a partnership, one front-face portrait photograph at least two
inches by two inches in size of each partner, including a limited
partner in said partnership, and a complete set of each partner's
or limited partner's fingerprints which shall be taken by the chief
of police or his or her agents. If the applicant is a limited liability
company, one front-face portrait photograph at least two inches by
two inches in size of each member of said company and a complete set
of the same members' fingerprints which shall be taken by the chief
of police or his or her agent;
(9)
Business,
occupation, or employment of the applicant for the three years immediately
preceding the date of applicant;
(10)
The massage or similar business permit history of the applicant;
whether such person, in previously operating in this or another city
or state has had a business license or permit revoked or suspended,
the reason therefor, and the business activity or occupation subsequent
to such action of suspension or revocation;
(11)
All criminal convictions other than misdemeanor traffic violations,
including the dates of convictions, nature of the crimes and place
convicted, and full statement of the disposition of all such actions;
(12)
The name and address of each massagist who is or will be employed
in said establishment;
(13)
Applicant must furnish copies of a valid and current CAMTC-issued
certificate and identification card for each massagist who is or will
be employed in said establishment;
(14)
The name and address of any massage business or other establishment owned or operated by any person whose name is required to be given in subsection (3) wherein the business or profession of massage is carried on;
(15)
A description of any other business to be operated on the same premises
or on adjoining premises owned or controlled by the applicant;
(16)
Authorization for the City Manager, its agents and employees to seek
information and conduct an investigation into the truth of the statements
set forth in the application and the qualifications of the applicant
for permit;
(A)
The City Manager may request the department of health to conduct
some or all of the inspections or investigations required herein.
The department of health is authorized to bill and collect from the
applicant reasonable fees for such services and the applicant shall
show evidence that such fees have been paid before a permit is issued
hereunder;
(17)
Such other identification and information necessary to discover the
truth of the matters herein specified as required to be set forth
in the application;
(18)
The names, current addresses and written statements of at least three
bona fide permanent residents of the United States that the applicant
is of good moral character. If the applicant is able, the statement
must first be furnished from residents of the City, then the county,
then the state of California and lastly from the rest of the United
States. These references must be persons other than relatives and
business associates.
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Upon the completion of the above provided form and the furnishing
of all foregoing information the City Manager shall accept the application
for the necessary investigations. The holder of a massage establishment
permit shall notify the City Manager of each change in any of the
data required to be furnished by this section within ten days after
such change occurs.
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(Ord. 1234 § 1, 1985; Ord. 1871 § 1, 2015; Ord. 2031 § 4, 2020; Ord. 2088, 11/9/2023)
The City Manager shall issue a massage establishment permit
if all requirements for a massage establishment permit described in
this Chapter are met unless it finds:
(1)
The correct permit fee has not been tendered to the City, and, in the case of a check, or bank draft, honored with payment upon presentation, or that fees pursuant to Section 5.34.060(16) have not been paid;
(2)
The
operation, as proposed by the applicant, if permitted, would not comply
with all applicable laws, including, but not limited to, the City's
building, zoning, and health regulations and the health department's
regulations and standards relating to the practice of massage and
operation of massage establishments;
(3)
The
applicant, if an individual; or any of the stockholders holding more
than ten percent of the stock of the corporation; or any of the partners;
or any of the members; or the holder of any lien, of any nature, upon
the business and/or the equipment used therein; and the manager or
other person principally in charge of the operation of the business,
have been convicted of any of the following offenses or convicted
of an offense without the state of California that would have constituted
any of the following offenses if committed within the state of California:
(A)
An offense involving the use of force and violence upon the person
of another that amounts to a felony,
(B)
An offense involving sexual misconduct,
(C)
An offense involving narcotics, dangerous drugs or dangerous weapons
that amounts to a felony.
The City Manager may issue a permit to any person convicted
of any of the crimes described in (A) through (C) of this subsection
if the City Manager finds that such conviction occurred at least five
years prior to the date of the application and the applicant has had
no subsequent felony convictions of any nature and no subsequent misdemeanor
convictions for any crime mentioned in this subsection (3);
(4)
The
applicant has knowingly made any false, misleading, or fraudulent
statement of fact in the permit application or in any document required
by the City Manager in conjunction therewith;
(5)
The
applicant has had a massage establishment or other similar permit
denied, revoked, or suspended by the City Manager or any other state
or local agency within five years prior to the date of the application;
(6)
The
applicant, if an individual, or any of the officers and directors,
if the applicant is a corporation; or any of the partners, including
limited partners, if the applicant is a partnership; or any of the
members, if the applicant is a limited liability company; and the
manager or person principally in charge of the operation of the business,
is not over the age of eighteen years.
(Ord. 1234 § 1, 1985; Ord. 1871 § 1, 2015)
The City Manager shall act to approve or deny an application
for a massage establishment permit under this Chapter within a reasonable
period of time and in no event shall the City Manager act to approve
or deny said permit later than ninety days from the date that said
application was accepted by the City Manager. Every massage establishment
permit issued pursuant to this Chapter will terminate at the expiration
of one year from the date of its issuance unless sooner suspended
or revoked.
(Ord. 1234 § 1, 1985; Ord. 1871 § 1, 2015)
Should any massage business have more than one location where
the business of massage is pursued, then a massage establishment permit,
stating both the address of the principal place of business, and of
the other location(s) shall be issued by the City Manager upon the
tender of the permit fee. Permits issued for other locations shall
terminate on the same date as that of the principal place of business,
regardless of the date of issuance.
(Ord. 1234 § 1, 1985; Ord. 1871 § 1, 2015)
(a)
Every
massagist shall post his or her CAMTC-issued certificate in his or
her work area.
(b)
The
permittee shall ensure that the massage establishment permit issued
by the City Manager pursuant to the provisions of this Chapter for
the massage establishment is conspicuously displayed in a public place
in the lobby of the massage establishment.
(Ord. 1234 § 1, 1985; Ord. 1871 § 1, 2015)
The permittee or person designated by the permittee of a massage
establishment shall maintain a register of all persons employed at
any time as massagists and copies of their current and valid CAMTC-issued
certificates and identification cards. Such register shall be available
at the massage establishment to representatives of the City Manager
during regular business hours.
(Ord. 1234 § 1, 1985; Ord. 1871 § 1, 2015)
Any massage establishment permit may be revoked or suspended by the City Manager after notice and a hearing, for good cause, or in any case where any of the provisions of this Chapter are violated or where any employee of the permittee, including a massagist, is engaged in any conduct which violates any of the state or local laws or ordinances at permittee's place of business and the permittee was aware, or with due diligence would have been aware of said violation. Such permit may also be revoked or suspended by the City Manager after notice and hearing, upon the recommendations of the director of the health department that such business is being managed, conducted or maintained without regard to proper sanitation and hygiene. Such revocation proceedings shall be conducted as prescribed by Section 5.72.030 of the Palm Springs Municipal Code.
(Ord. 1234 § 1, 1985; Ord. 1871 § 1, 2015)
No massage establishment permit shall be issued until the City
Manager has caused an inspection to be made of the premises and it
is found that the establishment complies with each of the following
minimum requirements:
(1)
Construction
of rooms used for toilets, tubs, steam baths and showers shall be
made waterproof with approved waterproofed materials and shall be
installed in accordance with the City's building code. Plumbing fixtures
shall be installed in accordance with the City's plumbing code:
(A)
Steam rooms and shower compartments shall have waterproof floors,
walls and ceilings approved by the City's Building Official;
(B)
Floors of wet and dry heat rooms shall be adequately pitched to one
or more floor drains properly connected to the sewer. (Exception:
Dry heat rooms with wooden floors need not be provided with pitched
floors and floor drains);
(C)
A source of hot water must be available within the immediate vicinity
of dry and wet heat rooms to facilitate cleaning;
(2)
The
premises shall have adequate equipment for disinfecting and sterilizing
non-disposable instruments and materials used in administering massages.
Such non-disposable instruments and materials shall be disinfected
after use on each patron;
(3)
Closed
cabinets shall be provided and used for the storage of clean linen,
towels and other materials used in connection with administering massages.
All soiled linen, towels and other materials shall be kept in properly
covered containers or cabinets, which containers or cabinets shall
be kept separate from the clean storage areas;
(4)
Toilet
facilities shall be provided in convenient locations. When employees
and patrons of different sexes are on the premises at the same time
separate toilet facilities shall be provided for each sex. A single
water closet per sex shall be provided for each fifteen or more employees
or patrons of that sex on the premises at any one time. Urinals may
be substituted for water closets after one water closet has been provided.
Toilets shall be designated as to the sex accommodated therein;
(5)
Lavatories
or washbasins provided with both hot and cold running water shall
be installed in either the toilet room or a vestibule. Lavatories
or washbasins shall be provided with soap and a dispenser and with
sanitary towels;
(6)
All
electrical equipment shall be installed in accordance with the requirements
of the Palm Springs building code.
(Ord. 1234 § 1, 1985; Ord. 1871 § 1, 2015)
(a)
Every
portion of the massage establishment, and all appliances and apparatus,
shall be kept clean and operated in a sanitary condition.
(b)
Price
rates for all services shall be prominently posted in the reception
area in a location available to all prospective customers.
(c)
A
separate dressing room for each sex must be available on the premises
with individual lockers for each employee. Doors to such dressing
rooms shall open inward and shall be self-closing.
(d)
All
massage establishments shall be provided with clean, laundered sheets
and towels in sufficient quantity and shall be laundered after each
use thereof and stored in a sanitary manner.
(e)
No
massage establishment granted a massage establishment permit under
the provisions of this Chapter shall place, publish, or distribute
or cause to be placed, published or distributed any advertisement,
picture, or statement which is known or through the exercise of reasonable
care should be known to be false, deceptive or misleading in order
to induce any person to purchase or utilize any professional massage
services.
(Ord. 1234 § 1, 1985; Ord. 1871 § 1, 2015)
No person shall sell, give, dispense, provide or keep, or cause
to be sold, given, dispensed, provided or kept, any alcoholic beverage
on the premises of any massage establishment.
(Ord. 1234 § 1, 1985; Ord. 1871 § 1, 2015)
No massage business shall be kept open for any purpose between
the hours of ten p.m. and eight a.m.
(Ord. 1234 § 1, 1985; Ord. 1871 § 1, 2015)
The chief of police or his or her authorized representatives
shall from time to time make inspection of each massage establishment
for the purposes of determining that the provisions of this Chapter
are fully complied with. It shall be unlawful for any permittee to
fail to allow such inspection officer access to the premises or hinder
such officer in any manner. Health department representatives are
deemed authorized representatives of the chief of police.
(Ord. 1234 § 1, 1985; Ord. 1871 § 1, 2015)
(a)
It shall be unlawful for any massagist or employee, in a massage establishment, to expose his or her sexual or genital parts, or any portion thereof, to any other person. It shall also be unlawful for any massagist or employee, in a massage establishment, to expose the sexual or genital parts, or any portions thereof, of any other person. Sexual or genital parts shall include the genitals, pubic area, anus, or perineum of any person or, except as may be permitted by subsection (b)(4) of this section, female breasts.
(b)
It
shall be unlawful for any massagist or employee, in a massage establishment,
to engage in any form of unprofessional conduct as defined by California
Business and Professions Code section 4609(a)(1), as may be amended
from time to time, including without limitation:
(1)
Engaging in any form of sexual activity on the premises of a massage
establishment;
(2)
Engaging in sexual activity while providing massage services for
compensation;
(3)
Providing massage of the genitals or anal region;
(4)
Providing massage of female breasts without the written consent of
the person receiving the massage and a referral from a licensed California
health care provider.
(c)
It
shall be unlawful for any massagist or employee, in a massage establishment,
while visible to patrons, or while engaged in the practice of massage,
to dress in attire that is transparent, see-through, or substantially
exposes one's undergarments, or in swim attire, unless providing a
water-based massage modality approved by CAMTC, or dress in a manner
that exposes one's breasts, buttocks, or genitals, or otherwise dress
in a manner that constitutes a violation of Penal Code section 314.
(d)
It shall be unlawful for any person owning, operating or managing a massage establishment, knowingly to cause, allow or permit in or about such massage establishment, any agent, employee, or any other person under his or her control or supervision to perform such acts or engage in conduct prohibited in subsections (a), (b) or (c) of this section.
(e)
It
shall be unlawful for any massage service to be carried on within
any cubicle, room, booth, or any area within a massage establishment
which is fitted with a door capable of being locked. Toilets and cubicles
used solely for the application of liquid and vapor baths shall be
clearly marked as to purpose on the exterior door or curtain of said
cubicle, room or booth. Nothing contained herein shall be construed
to eliminate other requirements of statute, ordinance or municipal
code concerning the maintenance of premises, nor to preclude authorized
inspection thereof, whenever such inspection is deemed necessary by
the police or health departments.
(Ord. 1234 § 1, 1985; Ord. 1248 § 3, 1985; Ord. 1871 § 1, 2015)
Upon sale, transfer, or relocation of a massage establishment, the permit therefore shall be null and void unless reapproved as provided in Section 5.34.070; provided, however, that upon the death or incapacity of the permittee or any co-permittee of the massage establishment, any heir or devisee of a deceased permittee, or any guardian of an heir or devisee of a deceased permittee, may continue the business of the massage establishment for a reasonable period of time not to exceed 60 days to allow for an orderly transfer of the permit.
(Ord. 1234 § 1, 1985; Ord. 1871 § 1, 2015)
No person granted a massage establishment permit pursuant to
this Chapter shall operate the massage establishment under a name
not specified in his or her permit, nor shall such person conduct
business under any designation or location not specified in his or
her permit.
(Ord. 1234 § 1, 1985; Ord. 1871 § 1, 2015)
No massage establishment permit shall be transferable except with the consent of the City Manager. An application for such transfer shall be in writing and shall be accompanied by fees prescribed in Section 5.34.060. The written application for such transfer shall contain the same information as requested herein for initial application for the permit.
(Ord. 1234 § 1, 1985; Ord. 1871 § 1, 2015)
Every person, except those persons who are specifically exempted by this Chapter, whether acting as an individual owner, employee of the owner, operator or employee of the operator, or whether acting as a mere agent or independent contractor for the owner, employee or operator, or acting as a participant or worker in any way directly or indirectly who gives massages or operates a massage establishment or any of the services defined in this Chapter without first obtaining a massage establishment permit from the City Manager, or that otherwise violates any provision of this Chapter, shall be punishable as specified in Sections 1.01.140 and 1.01.150.
(Ord. 1234 § 1, 1985; Ord. 1409 § 1, 1992; Ord. 1871 § 1, 2015)
The City Council declares a violation of this Chapter to be
a public nuisance.
(Ord. 1234 § 1, 1985; Ord. 1871 § 1, 2015)
