Note: Prior history: RCC §§ 5.32.050, 5.32.070 and 5.32.080.
Whenever, in this chapter, the following terms are used, they shall have the meaning ascribed to them in this section unless it is apparent from the context thereof that some other meaning is intended.
"CAMTC"
means the California Massage Therapy Council.
"City Manager"
means the City Manager of the City of Wildomar or designee.
"Disqualifying conduct"
means any of the following conduct:
1. 
Within five years of the date of filing of an application for a license or, in the case of revocation or suspension proceedings, within five years of the date of notice of a revocation or suspension hearing, the person has pleaded guilty or no contest to, or been convicted in a court of competent jurisdiction of:
a. 
Any misdemeanor or felony offense which relates directly to the operation of a massage business; or
b. 
Any felony the commission of which occurred on the premises of a massage business.
2. 
Within five years of the date of the filing of an application for a license or, in the case of revocation or suspension proceedings, within five years of the date of notice of a revocation or suspension hearing, the person has had any massage business registration, or a similar license or permit, issued by any state, county or city revoked.
3. 
Within five years of the date of the filing of the application for a license, or in the case of revocation or suspension proceedings, within five years of the date of notice of a revocation or suspension hearing, the person has pleaded guilty or no contest to, or been convicted in a court of competent jurisdiction of:
a. 
Any violation of Section 266(h), 266(i), 314, 315, 316, 318, or 647(a) or 647(b) of the California Penal Code;
b. 
Conspiracy or attempt to commit any such offense; or
c. 
Any offense in a jurisdiction outside the State of California which is the equivalent of any of the aforementioned offenses and contains all of the same elements.
4. 
The person is required to register under Section 290 of the California Penal Code.
5. 
The person has been subjected to permanent injunction against the conducting or maintaining of a nuisance under Sections 11225 through 11235 of the California Penal Code or any similar provisions of law in a jurisdiction outside the State of California.
"License"
means the license to operate a massage business as required by this chapter.
"Licensee"
means a person who is issued a massage business registration under this chapter.
"Massage"
means the scientific manipulation of the soft tissues, including, without limitation, any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body by any physical or mechanical means, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparations. Where applicable, this definition of "massage" may include alternative modalities and techniques including, but not limited to, Reiki, reflexology, applied kinesiology, hypnotherapy, polarity therapy, positional release (strain counter strain), Alexander technique, Bowen therapy, Feldenkrais Method, Hellerwork, energy balancing, Trager therapy, aromatherapy and essential oil therapy.
"Massage business"
means a fixed location where any person performs, or permits to be performed, massage for consideration.
"Massage technician"
means any person who, for consideration, administers to another person a massage and who is certified by the CAMTC as a "massage therapist" or "massage practitioner," as those terms are defined in Business and Professions Code Section 4601.
"Outcall massage business"
means a massage business that does not operate from a fixed location.
"Person"
means any individual, firm, partnership, joint venture, corporation, association, club or organization.
"Practice of massage"
means the performance of massage for compensation.
(RCC § 5.32.010; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016; Ord. 259, 2/10/2026)
A. 
No person shall conduct a massage business in the City unless such person is 18 years of age or older, has obtained a business registration pursuant to Chapter 5.68 of this Code, and possesses a valid massage business registration.
B. 
No person shall conduct an outcall massage business in the City unless such person is 18 years of age or older, has obtained a business registration pursuant to Chapter 5.68 of this Code, and is certified by the CAMTC as a massage therapist or massage practitioner.
(RCC § 5.32.020; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016; Ord. 259, 2/10/2026)
The provisions of this chapter shall not apply to:
A. 
Any school approved by the CAMTC as meeting the minimum standards for training and curriculum in massage and related subjects, as defined in Business and Professions Code Section 4601(a).
B. 
Trainers for any amateur, semi-professional or professional athlete or athletic team or school athletic program.
C. 
Licensed hospitals and nursing homes.
D. 
Other licensed medical facilities in which massage is performed as a prescribed treatment only on patients of the medical facility.
E. 
Barbershops, beauty shops and nail salons provided that any massage services performed or provided are incidental or accessory to the hair and nail services offered and within the scope of any barber's, beautician's, or manicurist's California license.
(RCC § 5.32.030; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016)
A massage business shall meet the following minimum requirements:
A. 
Conduct, or otherwise operate, a massage business only between the hours of 7:00 a.m. and 10:00 p.m.;
B. 
Post a list of services available, described in readily understandable language, and the cost of such services in a conspicuous place on the premises in which the massage business is located;
C. 
Only persons certified as a massage practitioner or massage therapist by the CAMTC shall be permitted to engage in the practice of massage within a massage business;
D. 
Display the massage business registration, and a copy of the CAMTC certificate of each massage technician that engages in the practice of massage therein, in a conspicuous place in the premises in which the massage business is located;
E. 
Maintain a record which includes the date and time of each massage, the name and address of the patron, the name of the person administering such massage and the type of massage given. Such records shall be made available, upon request, for inspection by the City Manager. The information contained in such records shall be confidential;
F. 
Provide a minimum of one toilet and wash basin facility. Each wash basin shall be provided with soap or detergent and single service towels placed in permanently installed dispensers. A trash receptacle shall be provided in each room where such facilities are located;
G. 
Maintain lighting intensity of not less than 70-footcandle power at floor level in any public room, enclosure, or hallway and in each private room or enclosure where massages are administered;
H. 
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;
I. 
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";
J. 
Provide disinfecting agents and sterilizing equipment sufficient to assure the cleanliness and safe condition thereof for any instruments used in the performance of any massage and such instruments must be disinfected and sterilized after each use;
K. 
Provide a massage table or chair in each room or enclosure where massage is performed. All sides of the table or chair must be positioned at least two feet from the nearest wall to allow access to the table on all sides. Foam pads at least two inches thick with a minimum width of two feet and a maximum width of four feet may be used on a massage table, provided that such pads are covered with durable, washable plastic or other waterproof material;
L. 
All exterior doors to the massage business shall remain unlocked during business hours, except that exterior doors may be locked if the massage business is owned by one person with one or no employees or independent contractors;
M. 
Massage technicians practicing massage within the massage business shall be clothed in a manner that is consistent with the requirements of Business and Professions Code Section 4609(a)(10) while engaged in the practice of massage or visible to clients of the massage business.
(RCC § 5.32.040; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016; Ord. 259, 2/10/2026)
A. 
Applications for a massage business registration, or for a renewal of such license, shall be filed with the City Manager on forms prescribed by the City, and shall be signed under penalty of perjury. The City Council may establish by resolution fees for initial and renewal applications to defray the cost of processing each such applications. The application shall include all of the following information:
1. 
The location, mailing address and all telephone numbers of the massage business.
2. 
A site plan depicting the building or unit proposed for the massage business and a dimensional interior floor plan depicting how the massage business will comply with all applicable requirements of this chapter.
3. 
A description of the type of ownership of the massage business.
a. 
If the applicant is a corporation, the application must state the name of the corporation exactly as shown in its articles of incorporation, the date of incorporation and the names and residence addresses of each of the officers and directors of such corporation and of each stockholder owning more than 10% of the stock of the corporation, and the address of the corporation itself, if different from the address of the massage business.
b. 
If the 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 business must be provided.
c. 
An applicant corporation or partnership must designate one of its officers or partners to act as the responsible officer and such designated person must sign all application forms required of an individual applicant. Such responsible officer must at all times meet the requirements set forth in this chapter, or the license will be suspended until a new responsible officer who meets all such requirements is designated.
4. 
The following personal information:
a. 
Name and residence address of each applicant.
b. 
The two previous residential addresses immediately prior to the present address of the applicant.
c. 
Proof that the applicant is at least 18 years of age.
d. 
The applicant's height, weight, color of eyes and hair, and sex.
e. 
Photo identification which may be either a driver's license, State issued identification card, or passport.
f. 
Upon submission of the initial license application: three portrait photographs of the applicant at least two inches by two inches and a complete set of the applicant's fingerprints. If the applicant is a corporation, three portrait photographs at least two inches by two inches of all officers and managing agents of such corporation and a complete set of the same officers' and agents' fingerprints. If the applicant is a partnership, three portrait photographs at least two inches by two inches in size of each partner, including a limited partner in such partnership, and a complete set of each partner's or limited partner's fingerprints. All sets of fingerprints must be taken by the city's law enforcement agency.
g. 
Business, occupation, or employment of the applicant for the three years immediately preceding the date of application.
h. 
The massage or similar business registration history of the applicant. Such information must include a statement as to whether or not such person, in operating a massage business under a permit or license, has had such permit or license revoked or suspended and the reasons for such revocation or suspension. Such information must also include the business, activity or occupation the license applicant engaged in subsequent to such action of revocation or suspension.
i. 
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.
5. 
The hours of operation and a detailed description of all services to be provided at the massage business. If the list of services required to be posted under this chapter will be in any language other than in English, such list must accompany the application for a license, and a translated copy of the list must also be submitted in English.
6. 
The name and address of any massage business owned or operated by any applicant.
7. 
A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant.
8. 
Proof of consent to the operation of a massage business by the property owner or the owner's authorized agent. Continuing proof of such consent is also required at the time of license renewal.
9. 
Authorization for the City and its agents 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 the license and to inspect the premises of the proposed massage business.
10. 
Such other information as may reasonably be deemed necessary by the City Manager.
11. 
A dated statement signed by the applicant certifying under penalty of perjury that the information contained in the application is true and correct.
B. 
All licenses shall be valid for a period of one year following issuance. Applications for renewal thereof shall be filed no more than 60 days and no less than 30 days prior to the expiration of such period. No application for renewal shall be filed with, or accepted by, the City Manager after the expiration of such period.
C. 
Upon receipt of an application for a massage business registration or renewal thereof, the City Manager shall cause an inspection to be made of the premises within which a massage business is to be conducted within 20 days to ascertain if such premises are in compliance with the provisions of this chapter, other applicable ordinances of the City and the laws of the State of California. If such premises are not in compliance, the City Manager shall notify the applicant, in writing, of the deficiencies, and shall cause the re-inspection of such premises to be made upon written request by the applicant; provided, however, that such request for re-inspection is made within 30 days after notice of noncompliance has been given by the City Manager.
D. 
Upon receipt of an application for a massage business registration or renewal thereof, the City Manager shall investigate the truth of the matters set forth in the application and may cause an inspection of the premises to be conducted. The City Manager may make inquiries to any office or City department and to any federal, state or local agency which the City Manager deems essential to carry out a proper investigation of the applicant.
(RCC § 5.32.060; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016; Ord. 259, 2/10/2026)
A. 
The City Manager may deny an application for any massage business registration, or renewal thereof, if he or she finds:
1. 
That the applicant has knowingly made any false, misleading or fraudulent statement of a material fact in the application or any document in connection therewith;
2. 
That the applicant has engaged in disqualifying conduct;
3. 
That the massage business premises are not in compliance with the provisions of this chapter, other applicable ordinances of the City, and the laws of the State of California; or
4. 
That the applicant is less than 18 years of age.
B. 
The City Manager may suspend or revoke a massage business registration if he or she finds:
1. 
That the licensee has violated any of the provisions, or failed to comply with any of the requirements, of this chapter;
2. 
That the licensee has engaged in disqualifying conduct;
3. 
The licensee has engaged in fraud, misrepresentation or made a false statement in connection with the operation of the massage business;
4. 
The licensee has continued to operate the massage business after the license has been suspended;
5. 
A person has engaged in the practice of, or offered to engage in the practice of, massage at the licensee's massage business who does not have a valid massage practitioner or massage therapist certification from the CAMTC;
6. 
A person has engaged in disqualify conduct at the licensee's massage business.
(RCC § 5.32.090; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016; Ord. 259, 2/10/2026)
If, after an investigation, the City Manager proposes to suspend or revoke a license or deny an application for such license, he or she shall prepare a notice of such intention setting forth the reasons therefor, and such notice shall be served personally on the licensee or applicant, or sent by registered or certified mail, postage prepaid, return receipt requested, to the licensee's or applicant's address as provided in the application. The notice shall set a date, time and place for a hearing relative to such suspension, revocation or denial before the City Manager, which date shall be not less than 10 days after service of the notice. Unless the licensee or applicant requests to be heard at the time and place specified in such notice within seven days after service thereof, the proposed decision set forth in the notice shall be final as of the date set for hearing by such notice. If a hearing is requested and the City Manager decides to suspend or revoke the license, or deny the application, the licensee or applicant may appeal the decision by filing with the City Clerk, within 10 days after the date of such decision, a written notice of appeal briefly setting forth the reasons why such suspension, revocation or denial is not proper, otherwise such decision shall be final. The City Clerk shall give written notice of the time and place of the hearing to the appellant. Such appeal shall be heard by the City Council which may affirm, amend or reverse the decision or take such other action as it deems appropriate. In conducting the hearing, the Council shall not be limited by the technical rules of evidence.
(RCC § 5.32.100; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016)
The City Manager may, from time to time, cause an inspection to be made of the premises and facilities of each massage business located within the City of Wildomar to ensure compliance with this chapter.
(RCC § 5.32.110; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016)
No license issued pursuant to this chapter shall be transferable from one person to another. A massage business registration shall be issued for a specific location, and shall in no event be transferable from one location to another.
(RCC § 5.32.120; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016; Ord. 259, 2/10/2026)
Any person or licensee violating any of the provisions, or failing to comply with any of the requirements, of this chapter shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not to exceed $1,000.00 or imprisonment 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.
(RCC § 5.32.130; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016)
The provisions of Section 5.36.100 are to be construed as added remedies and not in conflict or derogation of any other actions or proceedings or remedies otherwise provided by law.
(RCC § 5.32.140; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016)