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. 1094 § 8, 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) 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. 1094 § 8, 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. 1094 § 8, 2015)
All words, terms and phrases used or referenced in the Massage
Therapy Act, commencing with Section 4600 of Division 2 of the California
Business and Professions Code (the "Act"), shall have the same meanings
ascribed to them in the Act.
(Ord. 1094 § 8, 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 by this chapter.
(Ord. 1094 § 8, 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. 1094 § 8, 2015)
A spa facility may be permitted to operate only between the
hours of six a.m. to nine p.m.
(Ord. 1094 § 8, 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. 1094 § 8, 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. 1094 § 8, 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 massage business is in operation. Bathtubs shall be thoroughly
cleaned after each use.
(Ord. 1094 § 8, 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 relaundered.
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. 1094 § 8, 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. 1094 § 8, 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. 1094 § 8, 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;
C.
The
occurrence of any event involving the spa facility or the massage
professionals employed therein that constitutes a violation of this
section, or state or federal law.
(Ord. 1094 § 8, 2015)
A.
Any
violation of the provisions of this chapter is unlawful and a public
nuisance.
B.
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 one thousand dollars, 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.
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 14.
D.
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. 1094 § 8, 2015)
