It is the purpose and intent of this chapter to provide for the orderly regulation of offices and establishments providing massage and/or bodywork services and home visit and/or outcall massage/bodywork services in the interests of the public health, safety and welfare by providing certain minimum building, sanitation, and operation standards for such businesses, and by providing certain minimum qualifications for the owners and operators of such businesses and for massage and/or bodywork practitioners. It is the further intent of this chapter to facilitate the ethical practice of massage and/or bodywork.
(Ord. 481 § 1, 2004)
For the purpose of this chapter, unless the context requires a different meaning, the words, terms, and phrases set forth in this section shall have the meanings given them in this section:
"Applicant"
means any person, as defined in this section, who is the owner or operator of a massage establishment, or a massage practitioner, and is required to apply for and maintain a valid massage establishment permit, massage practitioner permit, or annual renewal thereof, pursuant to this chapter.
"For compensation"
means the exchange of massage for money, goods or services, and shall include the offer of free massage in conjunction with other services or goods provided for compensation.
"Massage"
means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body with the hands or any other parts of the body or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without the use of oils, creams, tonics, lotions, antiseptics, tanning products, or other similar preparations. Massage shall further include baths, including aromatherapy, vapor, shower, electric tub, sponge, hot towels, sauna, steam, or any other type of bath where the essential nature of the service involves any method of pressure or friction against, or stimulating the external parts of the human body with the hands or any other parts of the body.
"Massage establishment"
means an establishment having a fixed place of business, vehicle or vessel where any person engages in, conducts, carries on or otherwise permits or provides massage for compensation. For purposes of this chapter, the term "massage establishment" shall include any establishment which arranges, schedules or otherwise manages or oversees the provision of off-premises massage by more than one massage practitioner.
"Massage practitioner"
means any person who, for any type of compensation, practices massage, whether in or at a massage establishment, or as off-premises massage.
"Off-premises massage"
means practicing massage for compensation at a location other than at a massage establishment which has been permitted pursuant to this chapter.
"Operator"
means any person, as defined in this section, who operates and/or is responsible for the day-to-day activities of the massage establishment.
"Owner"
means any person, as defined in this section, who has any ownership interest in a massage establishment.
"Permit"
means a written document authorizing the holder to engage in the business or activity specified in the document. Three types of permits are issued pursuant to this chapter are massage establishment permits, massage practitioner permits, and annual renewal permits.
"Person"
means any individual, firm, association, partnership, corporation, joint venture, or combination of individuals.
"Recognized school of massage"
means any school or institution of learning which teaches the theory, method, ethics, history, practice and work of massage, and which has been approved by the state in which it is located. Any school or institution of learning offering or allowing correspondence or internet course credit not requiring actual attendance at class shall not be deemed a "recognized school of massage" for purposes of this chapter.
"Sheriff"
means the Sheriff of the County of Sutter, or designee, including any Deputy Sheriff who is responsible for receiving applications and required fees, and conducting the investigation necessary to the processing of applications for permits required by this chapter.
(Ord. 481 § 1, 2004)
A. 
It is unlawful for any person, including a corporation, partnership or other legal entity, to have an ownership interest in or to operate a massage establishment without a valid, current massage establishment permit duly issued as provided in this chapter.
B. 
It is unlawful for any person to practice massage, whether in or at any massage establishment, or as an off-premises massage service, without a valid, current massage practitioner permit duly issued as provided in this chapter.
C. 
It is unlawful to employ as a massage practitioner in a massage establishment any person who does not possess a valid, current massage practitioner permit duly issued as provided in this chapter.
D. 
It is unlawful for the holder of a massage establishment permit to operate a massage establishment at any location other than the location specified in the permit.
(Ord. 481 § 1, 2004)
A. 
Educational Requirements. All applicants for a massage establishment permit or a massage practitioner permit must meet one of the following educational standards in order to qualify for such permit:
1. 
Completion of a course of instruction at a recognized school of massage, or a State approved and regionally accredited college, junior college or university, which includes at least 200 hours of a nonrepetitive curriculum in anatomy, physiology, hygiene, sanitation, and the theory, history, ethics and practice of massage; or
2. 
Certification by the National Certification Board for Therapeutic Massage and Bodywork.
B. 
Exemption from Educational Requirement. An applicant for a massage establishment permit may be exempted from the educational requirement if the applicant signs a declaration under penalty of perjury that he or she will not personally engage in the practice of massage.
(Ord. 481 § 1, 2004)
No massage establishment permit or massage practitioner permit shall be required of the following persons when practicing massage within the scope of his or her license, nor shall the premises where such persons practice massage be subject to the operational requirements of Section 8.01.160 or the facility requirements of Section 8.01.170:
A. 
Physicians, surgeons, chiropractors, osteopaths, physical therapists, nurses or any other person licensed to practice any healing art under the provisions of Division 2 of the California Business and Professions Code (Business and Professions Code Section 500 et seq.).
B. 
Any barber, cosmetologist, esthetician, manicurist, electrologist, apprentice, barber instructor or cosmetology instructor licensed under the California Barbering and Cosmetology Act (Business and Professions Code Section 7301 et seq.).
(Ord. 481 § 1, 2004)
Written application for a massage establishment permit or massage practitioner permit required by this chapter, and any annual renewal thereof, shall be filed with the Sheriff's office. Such application shall be accompanied by a fee as prescribed by resolution of the City Council.
The following information concerning the applicant, if an individual; and concerning each officer and each director, and each stockholder holding more than 10% of the stock of the corporation, if the applicant is a corporation; and concerning each partner, including limited partners, if the applicant is a partnership; and concerning the operator of the proposed massage establishment; shall be provided with the application:
A. 
Name, present residential and business address(es), telephone number(s), and birth date.
B. 
All other names previously used by the applicant, and the dates of use of each such name.
C. 
The applicant's weight, height, and color of hair and eyes.
D. 
One set of the applicant's fingerprints as prescribed by the Sheriff. Any fee required for such fingerprinting shall be paid by the applicant, in addition to any other fees provided for in this chapter.
E. 
Two photographic prints, at least two inches by two inches in size, of a recent portrait photograph.
F. 
The previous residence address(es) of the applicant for a period of five years immediately prior to the date of application, and the dates of residence at each.
G. 
Business, occupation or employment history of the applicant for the five years immediately prior to the date of the application, and the inclusive dates of same.
H. 
California driver's license, if any, or other photographic identification issued by a State or Federal agency confirming the applicant's age as 18 years or older.
I. 
A listing and general explanation of any convictions for any felonies or nontraffic misdemeanors within five years immediately prior to the date of application.
J. 
Whether the applicant is currently required to register under the provisions of Section 290 of the California Penal Code.
K. 
Whether the applicant has ever had an ownership interest in, operated or been employed by any business which has been the subject of an abatement proceeding under the California Red Light Abatement Act (California Penal Code Sections 11225 through 11325) or any abatement laws in other jurisdictions.
L. 
Documented proof that the applicant has met the educational requirements set forth in Section 8.01.040(A).
M. 
The name under which, and the address where the applicant proposes to operate a massage establishment, as well as the assessor's parcel number for such property. The applicant shall also provide the street address where the applicant has conducted any business providing massage, relaxation, "hot tub," "towel wraps," "baths," "health treatments," or "tanning" services within any of the 24 months immediately preceding the date of the application, and the name under which such business was conducted.
N. 
A statement that the applicant either:
1. 
Owns the premises where the massage establishment shall be located; or
2. 
Leases such premises, in which event the name, address, and telephone number of the owner of the premises shall be specified, and the date and term of the lease shall be set forth.
O. 
A statement describing the massage services to be offered.
P. 
Such other and further information as may be required by the Sheriff in order to determine compliance with eligibility requirements under this chapter, or by Federal, State or local law.
(Ord. 481 § 1, 2004)
Every holder of a permit required by this chapter shall make application for a three-year renewal of his or her permit. Written application for renewal of any massage establishment or massage practitioner permit must be submitted at least 60 days before the permit expiration date. Except as otherwise provided in this chapter, a renewal application shall be in the same form, and shall be subject to the same requirements, as an initial permit application. The Sheriff shall have the authority to extend the time period of any massage establishment or massage practitioner permit while a renewal application is being processed.
(Ord. 481 § 1, 2004)
An application for a massage establishment permit, massage practitioner permit, or annual renewal thereof, shall be accompanied by a nonrefundable fee in an amount established by resolution of the City Council.
(Ord. 481 § 1, 2004)
The Sheriff shall investigate the background of any applicant for any massage establishment, massage practitioner permit, or renewal thereof. Additionally, the Sheriff shall refer an application for a massage establishment permit to the City Planning Department to ensure compliance with applicable zoning and permitting requirements. The Sheriff may also refer an application for any permit under this chapter to other persons, entities or agencies as deemed appropriate.
(Ord. 481 § 1, 2004)
A. 
The Sheriff shall either issue or deny a permit within 60 calendar days following receipt of a completed application. In taking such action, the Sheriff shall consider the recommendations of the County/City officials investigating the application pursuant to Section 8.01.090, along with any other relevant evidence.
B. 
The Sheriff may deny a massage establishment permit, a massage practitioner permit or the renewal thereof on any of the following grounds:
1. 
The applicant, within five years of the date of application, has been convicted in a court of competent jurisdiction of a violation of Penal Code Section 266, 266h, 266i, 311.1 through 311.7, 314, 315, 316, 318, 647(b), 647(d) or 653.22; or equivalent offenses under the laws of another jurisdiction.
2. 
The applicant, within five years of the date of application, has been convicted in a court of competent jurisdiction of any offense involving the use of a controlled substance, other than marijuana, specified in Health and Safety Code Section 11054, 11055, 11056, 11057 or 11058, or equivalent offenses under the laws of another jurisdiction.
3. 
The applicant is subject to a permanent injunction against conducting or maintaining a nuisance pursuant to Sections 11225 through 11235, inclusive, of the California Penal Code, or any equivalent provisions under the laws of another jurisdiction.
4. 
The applicant is required to register under the provisions of California Penal Code Section 290.
5. 
The applicant, within five years of the date of the application, has been convicted in a court of competent jurisdiction of any crime in conjunction with or directly relating to the operation of a massage establishment, or the practice of massage.
6. 
The applicant knowingly made a material misstatement of fact in the application required under this chapter.
7. 
The applicant has not met the educational requirements set forth in this chapter.
8. 
The applicant, if an individual, has not attained the age of 18 years of age.
9. 
The applicant, within five years of the date of application, has had a massage establishment or massage practitioner permit, or renewal thereof, issued under this chapter revoked under the authority of Section 8.01.130.
C. 
The Sheriff may grant a massage establishment or massage practitioner permit, or annual renewal thereof, provided the requirements of Sections 8.01.040, 8.01.060, 8.01.080, 8.01.160 and 8.01.170 are satisfied, unless the applicant is disqualified pursuant to subsection B, or the massage establishment would not comply with all other applicable laws and regulations, including, without limitation, the building, zoning and health regulations of the City of Live Oak.
D. 
If a permit or a renewal thereof is approved, the Sheriff may include such restrictions and conditions in the permit as he or she deems reasonable and necessary under the circumstances to ensure compliance with the purposes and intent of this chapter. Upon approval of a permit or renewal thereof, the Sheriff shall prepare and forward to the applicant written notice that the permit has been granted or renewed, and a statement of any conditions attached thereto. No decision of the Sheriff upon an application for a permit or renewal thereof shall become final until the 15-calendar-day period in which an appeal may be made to the City Council has elapsed without an appeal having been filed. Notice of the Sheriff's decision shall be given to the permit applicant by personal delivery or by certified mail.
E. 
If a permit or renewal thereof is denied, the Sheriff shall serve a written notice of denial upon the applicant by personal delivery or by certified mail. Such notice shall specify the ground(s) of denial, and shall include information concerning appeal rights and procedures, as provided in Section 8.01.140.
(Ord. 481 § 1, 2004)
Following the granting of a massage establishment or massage practitioner permit, or renewal thereof, and the lapse of the 15-day appeal period set forth in Section 8.01.140, the Sheriff's office shall issue the permit. Each massage establishment permit and massage practitioner permit shall be valid for a period of three years following issuance thereof, unless sooner suspended or revoked as provided in Section 8.01.120. Permits issued hereunder may be renewed for successive three-year periods as provided in Section 8.01.070.
The permit shall specify the full legal name of the permittee and the date the permit expires. A massage establishment permit shall specify the name and address of the business location.
(Ord. 481 § 1, 2004)
Any permit issued pursuant to this chapter may be suspended or revoked by the Sheriff, or designee, after a duly noticed hearing as provided in Section 8.01.130, upon a finding by clear and convincing evidence that:
A. 
The permit was obtained by fraud;
B. 
Any person making use of such permit is violating or has violated any requirements or conditions of such permit;
C. 
The permittee has violated, or permitted any other person under his or her control or supervision to violate, any provision of this chapter, or of State or Federal law, in connection with the practice of massage or operation of a massage establishment; or
D. 
The permittee has committed any offense which would be grounds for denial of an application, or employees of the massage establishment owned or operated by the permittee have committed such offenses in the course of their employment. For purposes of this subsection, a permittee shall be responsible for the actions of employees or independent contractors whose off-premises massage services he or she arranges, schedules or otherwise manages or oversees.
(Ord. 481 § 1, 2004)
A. 
Prior to suspending or revoking any permit issued pursuant to this chapter, the Sheriff, or designee, shall provide the permittee at least 15 days' written notice of the date and time of a hearing to consider such suspension or revocation, and of the grounds thereof.
B. 
The Sheriff, or designee, shall consider all relevant evidence introduced at such hearing, and shall make written findings of fact based upon the evidence submitted, and based thereupon, decide whether, and subject to what conditions, if any, the permit shall be suspended or revoked.
C. 
The written decision shall be served on the permittee within 30 days of the conclusion of the hearing by personal delivery or certified mail, and in the case of suspension or revocation of the permit, shall include information concerning appeal rights and procedures, as provided in Section 8.01.140.
(Ord. 481 § 1, 2004)
A. 
Any applicant for a permit, or a permittee, shall have the right to appeal a decision to deny a permit application or renewal application, or the requirements or conditions thereof, or a decision to suspend or revoke a permit, by filing a written notice of appeal with the Clerk of the City Council, specifying the grounds of the appeal, within 15 days after the decision has been served on the applicant or permittee.
B. 
Such appeal shall be heard by the City Manager, or such other hearing officer as he or she may designate, upon not less than 15 days' written notice to the appellant. The City Manager, or designated hearing officer, shall consider all relevant evidence introduced at such hearing, and may continue the hearing for good cause and require such legal briefing as may be required to address any issues raised in the appeal.
C. 
Within a reasonable time, but in no event later than 30 days following the conclusion of the hearing, the City Manager, or designated hearing officer, shall issue a written decision affirming, denying or modifying the decision from which the appeal was taken, supported by factual findings and determinations referenced to supporting evidence.
D. 
The decision of the City Manager, or designated hearing officer, shall be final, and shall be served on the appellant as provided in Code of Civil Procedure Section 1094.6(b), with a copy submitted to the Clerk of the City Council. The written decision shall include a notice to the appellant that the decision is subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6.
In the event the City Manager, or designated hearing officer, decides to issue or to renew a permit upon appeal hereunder, the City Manager shall issue the permit within 10 days of such decision, for a period up to three years, subject to such terms and conditions as the City Manager deems reasonable and necessary under the circumstances to ensure compliance with the purposes and intent of this chapter.
In the event a suspension or revocation of a permit is overturned upon appeal hereunder, the original permit shall be valid for the remainder of its term, subject to such additional terms and conditions as the City Manager may impose. In the event the original term of such permit has expired, the City Manager shall issue a new permit within 10 days of such decision, for a period up to three years, subject to such terms and conditions as the City Manager deems reasonable and necessary under the circumstances to ensure compliance with the purposes and intent of this chapter.
(Ord. 481 § 1, 2004)
A. 
No permittee or any other employee of a massage establishment shall place either his or her hands upon, or touch with any part of his or her body, a sexual or genital part of any other person in the course of a massage, or massage a sexual or genital part of any other person. Sexual or genital parts shall include the genitals, pubic area, anus or perineum of any person or the vulva or the nipples of a female.
B. 
No permittee or any other employee of a massage establishment shall uncover or expose the sexual or genital parts, as defined above of a client or themselves in the course of practicing massage or other health treatment before or after a massage. This subsection does not prohibit a client from turning over in the course of a massage, so long as the therapist holds a drape over the client to protect his or her privacy.
(Ord. 481 § 1, 2004)
All massage establishments shall comply with the following operating requirements.
A. 
Exterior Signs. A recognizable and legible sign shall be posted at the main entrance identifying the business as a massage establishment. Such sign shall comply with any applicable ordinance requirements.
B. 
Maintenance of Permits. A copy of the massage establishment permit and each massage practitioner's permit shall be kept on the premises and available for inspection. A passport-size photograph of the permittee or a photocopy of the permittee's driver license shall be affixed to each permit.
C. 
Posting of Services Offered. Each service offered, the price thereof, and the minimum length of time such service shall be practiced shall be posted legibly on a list located in a conspicuous public place within the premises. No service other than those set forth on the list shall be provided.
D. 
Payment. All payments for massage services shall be made at the designated reception area exclusively.
E. 
Alcohol Prohibited. No alcoholic beverages shall be sold, served, furnished, kept or possessed in any part of a massage establishment. The owner and/or operator shall be responsible to ensure that no person possesses alcoholic beverages inside the massage establishment.
F. 
Written Records. Every massage establishment shall maintain written records which include the date and hour of each service provided, the full name of each client and type of service received, as well as the name of the massage practitioner administering the service. These records shall be kept on the premises and shall be open to inspection by officials upon request, including the Sheriff and any other official charged or empowered with enforcement of this chapter. These records shall be kept for a period of at least six months.
G. 
Dress Code for Employees. The holder of the massage establishment permit, massage practitioners and all other employees of the massage establishment shall remain fully clothed in clean outer garments while on the premises of the massage establishment. At a minimum such clothing shall be made of nontransparent material and shall cover the entirety of the torso area from the chest to mid-thigh.
H. 
Operating Hours. No massage establishment shall be kept open for business and no massage practitioner shall administer massages before the hour of 8:00 a.m. or after the hour of 10:00 p.m. More restrictive hours may be stipulated by the Sheriff where appropriate.
I. 
Recording or Scanning Devices Prohibited. No audio or video recording device shall be used by the operator or any employee of the massage establishment to monitor the practice of a massage, or any conversation or other sounds in massage rooms without the expressed consent of the client. No device of any kind shall be installed or used which would operate in any way to detect or interfere with law enforcement surveillance or communication equipment.
J. 
Advertising. All advertisements for massage establishments and the services offered therein shall reflect the professional nonsexual nature of the business. No massage establishment granted a permit under this chapter shall distribute or cause to be distributed any advertising matter that depicts any service is available other than those services authorized by this chapter.
(Ord. 481 § 1, 2004)
A. 
An exception to the requirements of Section 8.01.160(E), which prohibits keeping or possessing alcoholic beverages on the premises of a massage and/or bodywork office or establishment, shall be permitted where a massage and/or bodywork office or establishment is in the applicant's residence, and the applicant has complied with the provisions of Section 17.15.070 of this code pertaining to home occupations. When a home exception is granted under this section, the portions of the home or residence subject to the requirements of Section 8.01.100 shall be only those portions that are used at any time by the patron or customer.
B. 
An exception to the requirements of Section 8.01.160(A) Exterior signs: where a massage and/or bodywork office or establishment is in the applicant's residence, and the applicant has complied with the provisions of Section 17.15.070 of this code pertaining to home occupations, then no exterior sign shall be required.
(Ord. 481 § 1, 2004)
All massage establishments shall comply with the following requirements:
A. 
A minimum of one tub or shower, and one toilet and one wash basin shall be provided.
B. 
Massage establishments shall be equipped with clean and sanitary towels, sheets and linens in sufficient quantity. Towels, sheets and linens shall not be used by more than one person. Reuse of such linen is prohibited unless it has been laundered. Heavy white paper may be substituted for sheets, provided that such paper is discarded after each use.
C. 
Cabinets or other covered space shall be provided for the storage of clean linen. Receptacles shall be provided for all soiled linen and paper towels.
D. 
All rest rooms or wash basins shall be provided with hot and cold running water, soap, and singleservice towels in wall-mounted dispensers.
E. 
All walls, floors, ceilings, pools, showers, bathtubs and all other physical facilities must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or vapor cabinets, shower compartments and rooms shall be thoroughly cleaned and disinfected each day the business is in operation.
F. 
All other components of a massage establishment, including appliances, furniture and apparatus shall be maintained in a sanitary and operational condition at all times.
G. 
Disinfecting agents and sterilizing equipment shall be provided for any instruments used in practicing acts of massage and instruments shall be disinfected and sterilized after each use.
H. 
Pads used on massage tables shall be covered with durable, washable plastics or other acceptable waterproof material.
I. 
All doors, except rest room doors, shall be kept unlocked during business hours. Locking devices shall not be allowed on any interior doors within the establishment, with the exception of rest room doors.
J. 
Secure deposit devices capable of being locked by the client, or a security bag that may be carried by the client shall be available to the client for the protection of valuables.
K. 
A single mirror, whose dimensions do not exceed three feet wide (horizontal) and five feet tall (vertical), may be installed within a room. No other mirrors shall be allowed.
L. 
Massage establishments must be well lighted at all times during business hours.
(Ord. 481 § 1, 2004)
As a condition of a massage establishment permit, investigating officials of the City shall have the right to enter the massage establishment during regular business hours to conduct reasonable inspections to observe and enforce compliance with the provisions of this chapter, as well as any other applicable requirements, including, but not limited to, building, fire, planning and health requirements. A warrant shall be obtained whenever required by law.
(Ord. 481 § 1, 2004)
Any person who violates any provision of this chapter, including, without limitation, the prohibitions set forth in Sections 8.01.030 and 8.01.150, and the operational and facility requirements set forth in Sections 8.01.160 and 8.01.170, shall be deemed guilty of an infraction or a misdemeanor. Upon conviction thereof, such person shall be fined an amount not to exceed $500.00, or by imprisonment for not more than six months, or by both said fine and said imprisonment.
(Ord. 481 § 1, 2004)