This chapter shall be known as the "Massage Establishment Permit
Ordinance."
(Prior code § 5-500)
The purpose of this chapter is to require the issuance of a
permit to conduct, own or operate massage establishments within the
City; to require work permits for the massage technicians employed
therein; to establish standards for the issuance of said permits;
to establish rules and regulations under which such permits shall
remain in force, be suspended or revoked; and providing penalties
for violations thereof.
The provisions of this chapter which are in conflict with State
law (specifically, Chapter 10.5 of the Business and Professions Code
Sections 4600, et seq.) shall not apply to certified massage practitioners
or certified massage therapists (as defined by State law) or massage
establishments wherein all of the individuals practicing massage therapy
are certified massage practitioners and/or certified massage therapists.
(Prior code § 5-501; Ord. 014-09 C.S. § 1, eff. 11-5-09)
For the purpose of this chapter, unless the context clearly
requires a different meaning, the words, terms and phrases hereinafter
set forth shall have the meanings given them in this section:
means that organization created pursuant to Section 4600
et seq., of the California Business and Professions Code.
means a current and valid certificate issued by the CAMTC,
to a certified massage therapist or certified massage practitioner,
pursuant to Section 4600 et seq., of the California Business and Professions
Code.
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 with the aid
of any mechanical electrical apparatus, or other appliances or devices,
with or without such supplementary aids as rubbing alcohol, liniment,
antiseptic, oil, powder, cream, lotion, ointment, or other similar
preparations.
means any premises, place of business, or membership club
where there is conducted the business or activity of furnishing, providing
or giving for a fee or other form of consideration, a massage, fomentation,
bath, manipulation of the body, electric or magnetic treatment, alcohol
rub or other similar massage service or procedure.
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The words "massage establishment" and the provisions of this
chapter shall not apply to any physician, surgeon, osteopath, chiropractor
or other person, duly licensed by the State to treat, manipulate,
operate upon, or prescribe for the persons or bodies of human beings
and who are actually practicing said licensed profession, or to students
of medicine, surgery, osteopathy, chiropractic or other similar professional
callings actually attending accredited schools, or to trainers of
any amateur, semi-professional or professional athlete or athletic
team or to barbers and beauticians who are duly licensed under the
laws of this State.
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means any person, male or female, who in connection with
the activities of a massage establishment administers to another person,
a massage, alcohol rub, fomentation, bath, electric or magnetic massage
procedure, manipulation of the body, or any other similar procedure.
means the engaging in or carrying on a massage for a fee
or any consideration at a location other than a duly licensed massage
establishment.
means any natural person, firm, partnership, corporation,
or association.
means any school or institution of learning which:
Teaches the theory, ethics, practice, profession, and work of
massage; and
Requires a residence course of study to be given before the
student shall be furnished with a diploma or certificate of learning;
and
Has been approved pursuant to Section 29025 of the Education
Code of the State, or, if said school is not located in California,
has complied with the standards commensurate with those required in
said Section 29025.
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Any school or institution of learning offering or allowing correspondence
course credit not requiring actual attendance at class, or courses
of a massage technician not approved by the California State Department
of Education shall not be deemed a "recognized school of massage."
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(Prior code § 5-502; Ord. 2019-07-16-1502 C.S. § 2)
No person shall operate a massage establishment without first
having obtained a written permit from the Director of Finance. There
shall be only one operator's license for each massage establishment.
(Prior code § 5-503)
An application for a massage establishment permit shall be filed
with the Director of Finance and shall be in writing on forms provided
by the City, and shall be accompanied by payment of a fee in an amount
as established, from time to time, by resolution of the City Council.
Any such application shall be under oath, in duplicate, and shall
contain such information pertinent to the applicant and the business
as the City may require.
(Prior code § 5-504)
The license applicant shall accompany the application with the
following documents:
A.
Two
identity prints of a recent passport-size photograph of the applicant;
B.
Two
copies of applicant's fingerprints on forms provided by the Stockton
Police Department; and
C.
Written
evidence that the applicant is 18 years of age or older.
(Prior code § 5-505)
A massage establishment permit shall not be issued to any person
under 18 years of age or to a partnership, association, or corporation,
any officer or manager of which is under 18 years of age.
(Prior code § 5-506)
The Director of Finance shall refer all applications for a permit
to the Police Chief, Fire Chief, and Director of Community Development
for their investigation and recommendations.
A.
The
Police Chief shall investigate and ascertain the following:
1.
Whether
the applicant has within three years immediately preceding the date
of filing of the application, been convicted in a court of competent
jurisdiction of any offense which relates directly to the operation
of a massage establishment, whether as a massage establishment owner
or operator, or as a massage technician, or of any felony, the commission
of which occurred on the premises of a massage establishment; or
2.
Whether
the applicant has, within three years immediately preceding the date
of filing of the application, had any massage establishment operator's
technician permit which has been issued within the State of California,
suspended or revoked; or
3.
Whether
the applicant has within 10 years immediately preceding the date of
the application completed a probationary period or has been released
from prison (whichever period of time is longer), after being convicted
in a court of competent jurisdiction of any offense, involving conduct
which requires registration under Section 290 of the California Penal
Code, or of any violation of Sections 314, 315, 316, 318, or 647(a),
(b) or (d) of the California Penal Code, or conspiracy or attempt
to commit any such offense, or any offense in a jurisdiction outside
of the State which is the equivalent of any of the aforesaid offenses;
or
4.
Whether
the applicant has within 10 years immediately preceding the date of
the application completed a probationary period or has been released
from prison (whichever period of time is longer), after being convicted
in a court of competent jurisdiction of any felony offense specified
in Division 10 of the California Health and Safety Code; or
5.
Whether
the applicant has knowingly made a material misrepresentation in the
application for the license; or
6.
Whether
the applicant has within three years immediately preceding the date
of filing of the application been convicted in a court of competent
jurisdiction of an offense involving theft or any series of petty
thefts.
The Police Chief shall make a report of his or her findings
to the Director of Finance together with his or her recommendations,
if any.
B.
The
Fire Chief and Director of Community Development, within the jurisdictions
and duties of their particular departments, shall ascertain whether
or not the premises to be used are suitable, proper, and adequate,
and comply with all applicable laws, ordinances and regulations. The
Fire Chief and Director of Community Development shall make a report
of their findings to the Director of Finance, together with their
recommendations, if any.
(Prior code § 5-507)
Nothing herein shall constitute a waiver of the requirements
of Title 5 of the Stockton Municipal Code requiring issuance and possession
of valid business license.
(Prior code § 5-508)
Any person who holds a valid massage establishment license may
obtain a new license for the succeeding year by applying for said
new license during the 30 days preceding the expiration date of their
current license.
(Prior code § 5-509)
Within 45 days after the filing of an application for a license, the Director of Finance shall review the application, together with reports and recommendations of the Police Chief, Fire Chief, and Director of Community Development and shall grant said license or notify the applicant that he or she proposes to deny the license, together with the grounds for denial as set forth in Section 5.48.120 of this chapter. Said notice shall be in writing and sent by mail to the applicant's mailing address set forth in the application. In event of denial, the applicant may appeal such denial to the City Manager by filing notice thereof with the City Manager within 30 days of the date the notice was mailed.
(Prior code § 5-510)
The following grounds shall constitute grounds for denial of
a massage establishment permit:
A.
The
establishment as proposed by the applicant does not comply with all
applicable laws including but not limited to the City's building,
zoning, and health regulations;
B.
The
applicant has, within three years immediately preceding the date of
filing of the application, been convicted in a court of competent
jurisdiction of any offense which relates directly to the operation
of a massage establishment, whether as a massage establishment owner
or operator, or as massage technician, or of any felony the commission
of which has occurred on the premises of a massage establishment;
C.
The
applicant has, within three years immediately preceding the date of
filing of the application, had a massage establishment operator's,
technician's, or training license or permit which was issued within
the State of California revoked;
D.
The
applicant has, within three years immediately preceding the date of
filing of the application, been convicted in a court of competent
jurisdiction of an offense involving theft or any series of petty
thefts;
E.
Whether
the applicant has within 10 years immediately preceding the date of
the application completed a probationary period or has been released
from prison (whichever period of time is longer), after being convicted
in a court of competent jurisdiction of any offense, which required
registration pursuant to Section 290 of the California Penal Code;
or convicted of a violation of Sections 314, 315, 316, 318, or 647(a),
(b) or (d) of the California Penal Code; conspiracy or attempt to
commit any such offense; or any offense in the jurisdiction outside
of the State which is equivalent to any of the aforesaid offenses;
F.
Whether
the applicant has within 10 years immediately preceding the date of
the application completed a probationary period or has been released
from prison (whichever period of time is longer), after being convicted
in a court of competent jurisdiction of any felony offense specified
in Division 10 of the California Health and Safety Code; or
G.
The
applicant has knowingly made a material misstatement in the application
for a license.
(Prior code § 5-511)
Any license issued hereunder may be summarily and temporarily suspended by the Police Chief or the Director of Finance in event it is determined that the holder of such permit has been arrested and charged with any offense which would constitute grounds for denial of a license pursuant to Section 5.48.120 of this chapter. Any such suspension shall be accomplished by written notification of the suspension and the reasons therefor, sent by certified mail, return receipt requested, to the licensee's business address as approved in the license.
Within 24 hours thereafter, a copy of such notice, together with the reasons for the suspension, shall be transmitted to the City Manager. The City Manager shall, within 10 days after the suspension, hear the matter pursuant to Section 5.48.160 of this chapter.
(Prior code § 5-512)
The City Manager may initiate suspension or revocation procedures
by sending written notice setting forth the grounds for such suspension
or revocation. Said notice shall be sent by certified mail, return
receipt requested to the licensee's business address as approved in
the license.
(Prior code § 5-513)
The City Manager, or designee, shall cause a hearing to be held:
A.
Upon
the appeal of an applicant from the decision of the Director of Finance
to deny the granting of a permit;
(Prior code § 5-514)
The City Manager shall fix the time and place of the hearing
which shall be held within 15 days following the filing of an appeal
or from the notice of suspension or revocation. The applicant shall
be given notice of said hearing at least 10 days prior to the hearing
date. Said notice may be by personal service or by certified mail,
return receipt requested.
At the time and place fixed in said notice, or at any time to which the matter may be continued by the mutual consent of the parties, the City Manager or designee shall hear the applicant and all witnesses together with any proper documentary evidence offered in support of or against the granting or continuation of a license. The City Manager shall, at the conclusion of the hearing, make findings of fact based upon the evidence submitted and determine whether grounds exist for denial of a license as set forth in Section 5.48.120 or for the suspension and/or revocation of the license as set forth in Section 5.48.180. If from the evidence the City Manager finds grounds exist for the denial, suspension or revocation of the license, he or she shall deny the license or order the suspension and/or revocation thereof. If following the hearing the City Manager determines that no proper grounds exist for the denial, suspension or revocation of the license, then the City Manager shall grant the appeal and cause a license to be issued or terminate any prior suspension.
(Prior code § 5-515)
Any license issued for a massage establishment may be suspended and/or revoked by the City Manager after a hearing pursuant to Section 5.48.160, where it is found that:
A.
Licensee
has violated any provisions of this chapter;
B.
The licensee has been convicted in a court of competent jurisdiction of any offense constituting grounds for denial of the license pursuant to Section 5.48.120;
C.
The
licensee has engaged in fraud, misrepresentation, or false statements
in conducting the massage establishment;
E.
The
licensee has continued to operate the massage establishment after
the license has been suspended; or
(Prior code § 5-516)
Any holder of a massage establishment license aggrieved by the
action of the City Manager or other officials of the City acting under
this chapter, may appeal such decision to the City Council.
(Prior code § 5-517)
A.
An appeal
to the City Council shall be made by filing a petition in triplicate
with the City Clerk not later than 10 days from the decision of the
City Manager. The petition shall set forth the grounds of appeal and
the reasons why such appeal should be granted. Upon receipt of the
petition, the City Clerk shall immediately forward a copy to the City
Manager and within 10 days following the filing of appeal, the petition
shall be placed on the agenda of the City Council.
B.
The
City Council shall set the matter for hearing within 15 days and give
the appellant notice of the time and place for said hearing. Said
notice shall be given in person or by mail not later than 10 days
prior to the hearing.
(Prior code § 5-518)
In considering and ruling upon the appeal of the petitioner, the City Council shall judge the merits of the appeal based upon those grounds set forth in Section 5.48.170. The City Council may reverse or affirm, wholly or in part any decision, determination, or requirement of the City Manager and may make such decisions or determinations or impose such conditions as the facts warrant. The decisions of the City Council shall be final. Any hearing may be continued from time to time.
(Prior code § 5-519)
Upon revocation or suspension, the license shall be returned
to the Director of Finance for cancellation or holding pending the
period of suspension. The Director of Finance may direct or cause
the premises to be closed and locked against use by the public when
deemed reasonably necessary by the Director of Finance in order to
insure compliance with an order of suspension or revocation. Said
closure of premises to the public shall not exceed 90 days and may
be terminated prior to the expiration of such period upon request
of the owner of the premises accompanied by a statement under oath
that the premises will not be used as a massage establishment during
the remainder of the suspension period.
(Prior code § 5-520)
Any person operating a massage establishment shall during the
business hours be responsible for, and provide, that any premises
used for the purposes of a massage establishment shall be readily
accessible and open for inspection by law enforcement officers or
other employees of the City who are charged with enforcement of health
and safety or penal laws of the City or State.
(Prior code § 5-521)
No person shall conduct or operate a massage establishment between
the hours of 10:00 p.m. and 7:00 a.m.
(Prior code § 5-522; Ord. 2019-07-16-1502 C.S. § 3)
No alcoholic beverages shall be sold, served, furnished, kept
or possessed on the premises of any massage establishment.
(Prior code § 5-523)
No out-call massage service shall be performed unless authorized
in writing by a State licensed physician, chiropractor, or osteopath
or by the Chief of Police.
(Prior code § 5-524; Ord. 2014-11-04-1201 C.S. § 1)
No person licensed to operate a massage establishment shall
operate under any name or conduct business under any designation not
specified in the license.
(Prior code § 5-525)
Upon a request to change the location of a massage establishment,
an application to the Director of Finance shall be made and such application
shall be granted, provided all applicable provisions of this code
have been complied with and the change of location fee, in an amount
established by resolution of the City Council, has been paid to the
City.
(Prior code § 5-526)
The sale or transfer of any interest in any massage establishment shall be reported to the Director of Finance 10 days prior to such sale or transfer. A new application, pursuant to Section 5.48.050, shall be filed and an investigation conducted pursuant to Section 5.48.080 as to the person obtaining such interest. If such person satisfies the requirements related to massage establishment license applicants, the existing license shall be endorsed to include such person. A fee in the amount established by resolution of the City Council shall be paid to the City for the investigation necessitated by such sale or transfer.
(Prior code § 5-527)
The licensee shall display the massage establishment license,
together with the permit of each massage technician employed in the
establishment, in an open and conspicuous place on the premises. Passport
size photographs of the licensee and permittees shall be affixed to
the respective license and permits on display pursuant to this section.
Residence addresses of licensee or permittees need not be displayed.
(Prior code § 5-528)
The owner and/or operator of a massage establishment shall maintain
a current file of all persons employed therein. This file shall contain
true names and aliases used by such employees; the age, birth date,
height, weight, color of hair and eyes, home address, phone numbers,
social security number, the date of employment and termination; the
name and addresses of the recognized school of massage attended, the
date attended, and the written proof that the massage technician has
completed a residence course of study in massage. (Such person shall
make all records immediately available upon demand of any law enforcement
officer.)
(Prior code § 5-529)
All operators of existing massage, bath, or health treatment
establishments, and all persons engaged in giving massage, bathing,
and health treatments in the City, upon the effective date of the
ordinance codified in this chapter, shall file an application and
comply with all requirements of this chapter within 180 days.
(Prior code § 5-530)
It is unlawful for any person to act as a massage technician
as defined herein without first having acquired a valid work permit
from the Director of Finance and complying with all of the regulations
contained in this chapter.
(Prior code § 5-531)
Any person to be eligible for a massage technician's permit
must have completed, within 60 days of the application for said permit,
a residence course of study in massage, at a recognized school of
massage.
(Prior code § 5-532)
An application for a work permit shall be filed with the Director
of Finance and shall be in writing on forms provided by the City and
shall be accompanied by payment of a fee in an amount as established,
from time to time, by resolution of the City Council. Any such application
shall be under oath, in duplicate, and shall contain such information
pertinent to the applicant as the City may require.
(Prior code § 5-533)
A.
Two
prints of a recent passport-size photograph of the applicant;
B.
Certificate
from a medical doctor stating that the applicant has within 30 days
immediately prior to the filing of the application been examined and
found to be free from any contagious or communicable disease;
C.
Written
evidence that the applicant is at least 18 years of age;
D.
Two
copies of applicant's fingerprints on forms provided by the Stockton
Police Department;
(Prior code § 5-534)
A.
The
Director of Finance shall refer all applications for work permits
for massage technician to the Chief of Police for investigation and
recommendation. The Chief of Police shall investigate and ascertain:
1.
Whether
the applicant has within three years immediately preceding the date
of filing of the application had any massage establishment operator's
or technician's permit suspended or revoked;
2.
Whether
the applicant has within 10 years immediately preceding the date of
the application completed a probationary period or has been released
from prison (whichever period of time is longer), after being convicted
in a court of competent jurisdiction of any offense, requires registration
under Section 290 of the California Penal Code or any violation of
Sections 314, 315, 316, 318, or 647(a), (b), or (d) of the California
Penal Code, or conspiracy or attempt to commit any such offense, or
any offense in the jurisdiction outside the State which is equivalent
of any of the aforesaid offenses;
3.
Whether
the applicant has knowingly made a material misstatement in the application
for a permit;
4.
Whether
the applicant has within three years immediately preceding the date
of filing of the application been convicted in a court of competent
jurisdiction of an offense of theft or series of petty thefts;
5.
Whether
the applicant has within 10 years immediately preceding the date of
the application completed a probationary period or has been released
from prison (whichever period of time is longer), after being convicted
in a court of competent jurisdiction of any felony offense specified
in Division 10 of the California Health and Safety Code.
B.
The
Police Chief shall make a report of the findings to the Director of
Finance together with his or her recommendations, if any.
(Prior code § 5-535)
Within 20 days after the filing of an application for a permit,
the Director of Finance shall review the application, together with
the report and recommendation of the Police Chief and shall grant
said permit or shall notify the applicant of the denial of the permit
and the grounds for such denial. Said notice shall be in writing and
sent by certified mail to the applicant's mailing address as set forth
in the application. In the event of denial of the permit, the applicant
may appeal said denial to the City Manager by filing notice thereof
with the City Manager within 30 days of the date the notice was mailed.
(Prior code § 5-536)
The following shall constitute grounds for denial of a massage
technician's permit:
A.
The
applicant has within three years immediately preceding the date of
the filing of the application been convicted in a court of competent
jurisdiction of any offense which relates directly to the operation
of a massage establishment or of any felony, the commission of which
occurred on the premises of a massage establishment;
B.
The
applicant has within three years immediately preceding the date of
filing of the application had any massage establishment operator's,
technician's, or training license or permit which was issued within
the State suspended or revoked;
C.
Whether
the applicant has within 10 years immediately preceding the date of
the application completed a probationary period or has been released
from prison, (whichever period of time is longer) after being convicted
in a court of competent jurisdiction of any offense, which required
registration pursuant to Section 290 of the California Penal Code,
or convicted of any violation of Section 314, 315, 316, 318 or 647(a),
(b) or (d) of the California Penal Code, conspiracy or attempt to
commit any such offense; or any offense in a jurisdiction outside
the State which is equivalent to any of the aforesaid offenses;
D.
Whether
the applicant has within 10 years immediately preceding the date of
the application completed a probationary period or has been released
from prison (whichever period of time is longer), after being convicted
in a court of competent jurisdiction of any felony offense specified
in Division 10 of the California Health and Safety Code;
E.
The
applicant has knowingly made a material misstatement on the application
for a license;
F.
The
applicant within three years immediately preceding the date of the
filing of the application been convicted in a court of competent jurisdiction
of an offense involving theft or series of petty theft offenses.
(Prior code § 5-537)
A.
Any
person who has been issued a massage technician permit shall file
with the Director of Finance each year, within 30 days of the anniversary
date of the issuance of the permit, a certificate from a California
duly licensed medical doctor that the permittee has within 30 days
immediately prior to the filing of the certificate been examined and
found to be free of any contagious or communicable disease.
B.
It is
unlawful for any person who has neglected, failed or refused to file
a certificate required by this section to act as a massage technician.
(Prior code § 5-538)
A massage technician's permit shall not be issued to any person
under 18 years of age.
(Prior code § 5-539)
Any massage technician's permit issued hereunder may be summarily and temporarily suspended by the Police Chief or the Director of Finance in the event that it is determined that the holder of said permit had been arrested and charged in any court of competent jurisdiction with any offense which would constitute grounds for denial of a permit pursuant to Section 5.48.380 of this chapter.
(Prior code § 5-540)
Summary suspensions shall be accomplished by written notice of the suspension and the reasons therefor sent by certified mail, return receipt requested, to the permittee's residence address as set forth in the application for a massage technician's permit. Within 24 hours thereafter, a copy of said notice, together with the reasons for suspension, shall be transmitted to the City Manager. The City Manager shall, within 10 days after suspension, hear the matter pursuant to the procedure set forth in Section 5.48.150 of this chapter.
(Prior code § 5-541)
The City Manager may initiate suspension or revocation procedures
by sending written notice setting forth the grounds for such suspension
or revocation. Said notice shall be sent by certified mail, return
receipt requested to the permittee's residence address as set forth
in the application for massage technician's permit.
(Prior code § 5-542)
The City Manager or designee shall cause the hearing to be held:
A.
Upon
an appeal of an applicant from a decision of the Director of Finance
to deny the granting of a permit;
(Prior code § 5-543)
Any massage technician's permit may be suspended and/or revoked by the City Manager after hearing, pursuant to Section 5.48.160, where it is found that:
A.
The
permittee has violated any provisions of this chapter;
B.
The permittee has been convicted in a court of competent jurisdiction of an offense constituting grounds for denial of the permit pursuant to Section 5.48.380 of this chapter;
C.
The
permittee has continued to function as a massage technician after
the permit has been suspended; or
(Prior code § 5-544)
Upon revocation or suspension, the work permit shall be returned
to the Director of Finance for cancellation or holding during the
period of suspension.
(Prior code § 5-545)
Action taken by the City Manager with respect to the granting,
denial, suspension, or revocation of work permits of massage technicians
shall be final and conclusive.
(Prior code § 5-546)
Any person who holds a valid massage technician's permit may
obtain a new permit for the succeeding year by applying for said new
permit during the 30 days preceding the expiration date of the current
permit.
(Prior code § 5-547)
A list of services available and the cost of such services shall
be posted in an open and conspicuous place on the premises. The services
shall be described in readily understandable language, including but
not limited to the type of massage, type of appliance or device to
be used; supplementary aid to be used; and part of body to be massaged.
(Prior code § 5-548)
