A. 
Spa Facility Business License. The owner or owners of a spa facility business, which means a "massage establishment" or "establishment" as defined by the Massage Therapy Act, commencing with Section 4600 of Division 2 of the California Business and Professions Code (the "Act"), whether operated by a sole provider as defined in Section 4601 of the Act or through the use of employees and/or independent contractors shall be required to obtain a business license pursuant to this chapter prior to operating a spa facility within the city.
B. 
Supplemental Business License. A supplemental business license shall be required for all spa facilities operating in existing hotels.
(Ord. 908 § 4, 2015; Ord. 909 § 5, 2015)
An applicant who intends to operate a spa facility shall, in addition to providing the information required for a business license application, provide the following:
A. 
The name of applicant and all applicant's current and prospective employees and independent contractors who will be providing massage services;
B. 
The business name, proposed business address of the spa facility and its telephone number;
C. 
Proof that all applicant's employees are certified or licensed by the state pursuant to the Massage Therapy Act, commencing with Section 4600 of Division 2 of the California Business and Professions Code;
D. 
The proposed hours of operation of the applicant's business;
E. 
Whether any food or beverages will be served at applicant's business;
F. 
Whether any non-massage business activities will be conducted on the premises of applicant's business; and
G. 
A certified statement under penalty of perjury that the applicant and none of the applicant's current or prospective employees, independent contractors and/or operators have been convicted of any of the offenses that are grounds for denial of the subject business license application.
(Ord. 908 § 4, 2015; Ord. 909 § 5, 2015)
A business license issued under this chapter shall expire on December 31st of the calendar year for which it was issued, but may be renewed for the subsequent year upon the submittal and approval of a business license renewal application for the subsequent calendar year through December 31st of that year.
(Ord. 908 § 4, 2015; Ord. 909 § 5, 2015)
All words, terms and phrases used or referenced herein that are defined in the Massage Therapy Act shall have the same meanings ascribed to them in the Act.
(Ord. 908 § 4, 2015; Ord. 909 § 5, 2015)
A. 
Criminal Convictions. A business license application under this chapter shall be denied by the city upon:
1. 
Proof that the applicant or any of its employees, independent contractors or operators have been convicted of a violation of Section 266i, 315, 316, 318, or subdivision (b) of Section 647 of the Penal Code or proof that the same have been convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as one or more of the above-mentioned offenses of the aforementioned Penal Code sections; or
2. 
Proof that the applicant or any of its employees, independent contractors or operators have been convicted of any felony offense involving the sale of a controlled substance specified in Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code or proof that the same have been convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as one or more of the above-mentioned offenses of the aforementioned Health and Safety Code sections.
B. 
Sex Offender Registration. A business license application under this chapter shall be denied upon a showing by the city upon proof that the applicant or any of its employees, independent contractors or operators are required to register under the provisions of Section 290 of the Penal Code.
C. 
Incomplete Application. A business license application under this chapter shall be denied upon a showing by the city that the applicant has not submitted a complete business license application and all the additional information required by this chapter.
D. 
False Information. A business license application under this chapter shall be denied upon a showing by the city that the applicant submitted false information in the business license application or in the additional information required of business license applicants as required by this chapter.
E. 
Non-Permitted Use. A business license application under this chapter shall be denied upon a showing by the city that the proposed massage activities set forth in the applicant's business license application are not permitted under Title 9 of the Moreno Valley Municipal Code.
(Ord. 908 § 4, 2015; Ord. 909 § 5, 2015)
It is unlawful for a spa facility to provide massage for compensation unless all individuals employed by the spa facility to perform massage, whether as an employee, independent contractor, or sole provider, are CAMTC-certified massage professionals.
(Ord. 908 § 4, 2015; Ord. 909 § 5, 2015)
No spa facility shall provide or offer any alcoholic beverage to a patron during the course of providing or offering to provide any massage therapy service.
(Ord. 908 § 4, 2015; Ord. 909 § 5, 2015)
All spa facilities shall maintain adequate equipment for disinfecting and sterilizing nondisposable instruments and materials used in administering massages. Such nondisposable instruments and materials shall be disinfected after use on each patron.
(Ord. 908 § 4, 2015; Ord. 909 § 5, 2015)
All spa facilities shall maintain walls, ceilings, floors, pools, showers, bathtubs, water basins, toilets, wet and dry heat rooms, steam or vapor rooms and cabinets and all other facilities in good repair and in a clean and sanitary condition. Showers, water basins, toilets, wet and dry heat rooms, steam or vapor rooms, and cabinets and compartments shall be thoroughly cleaned at least once each day the spa facility is in operation. Bathtubs shall be thoroughly cleaned after each use.
(Ord. 908 § 4, 2015; Ord. 909 § 5, 2015)
All spa facilities shall provide clean and sanitary towels, sheets and linens for each patron. No common usage of towels, sheets and linens shall be permitted. Towels, sheets and linens shall be provided in sufficient quantity and shall not be used by more than one person unless such towels, sheets and linens have been re-laundered. Heavy white paper may be substituted for sheets; provided, however, that such paper is used only for one person and then discarded into a sanitary receptacle. Separate closed cabinets or containers shall be provided for the storage of clean and soiled towels, sheets and linens, and such cabinets or containers shall be plainly marked: clean linen and soiled linen. In addition, cover pads used on massage tables shall be made of durable, washable plastic or other waterproof material.
(Ord. 908 § 4, 2015; Ord. 909 § 5, 2015)
All spa facilities shall post a list of services available, described in readily understandable language, and the cost of such services in a conspicuous place on the premises.
(Ord. 908 § 4, 2015; Ord. 909 § 5, 2015)
The police or the code compliance division shall from time to time make inspection of each spa facility for the purposes of determining that the provisions of this chapter are fully complied with. It is unlawful for any applicant under this chapter to fail to allow such inspection officer access to the premises or hinder such officer in any manner.
(Ord. 908 § 4, 2015; Ord. 909 § 5, 2015)
A spa facility shall immediately report to the business license department any of the following:
A. 
Arrest of any employees or owners of the spa facility for an offense other than a misdemeanor traffic offense;
B. 
Resignations, terminations, or transfers of massage professionals employed by the spa facility; and
C. 
The occurrence of any event involving the spa facility or the massage professionals employed therein that constitutes a violation of this chapter, Chapter 11.95 or any state or federal law.
(Ord. 908 § 4, 2015; Ord. 909 § 5, 2015)
A. 
Public Nuisance. Any violation of the provisions of this chapter is unlawful and a public nuisance.
B. 
Misdemeanor. Any violation of the provisions of this chapter shall constitute a misdemeanor violation and upon conviction thereof any violation shall be punishable by a fine not to exceed $1,000, or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense.
C. 
Administrative Citation. In lieu of issuing a misdemeanor citation, the city may issue an administrative citation, and/or assess an administrative fine pursuant to the procedures set forth in Title 1 of the Moreno Valley Municipal Code.
D. 
Additional Remedies. The remedies provided herein are not to be construed as exclusive remedies and, in the event of violation, the city may pursue any proceedings or remedies otherwise provided by law.
(Ord. 908 § 4, 2015; Ord. 909 § 5, 2015)