A.
In enacting
this chapter, the City recognizes that commercial massage therapy
is a professional pursuit which can offer the public valuable health
and therapeutic services. The City further recognizes that, unless
properly regulated, the practice of massage therapy and the operation
of massage businesses may be associated with unlawful activity and
pose a threat to the quality of life in the local community. Accordingly,
it is the purpose and intent of this chapter to protect the public
health, safety, and welfare by providing for the orderly regulation
of businesses providing massage therapy services, discouraging illegal
activities carried on under the guise of massage therapy, and establishing
certain sanitation, health, and operational standards for massage
businesses.
B.
Furthermore,
it is the purpose and intent of this chapter to reduce or prevent
neighborhood blight and to protect and preserve the quality of City
neighborhoods and commercial districts; and to enhance enforcement
of criminal statutes relating to the conduct of operators and employees
of massage businesses.
C.
It is
the Council's further purpose and intent to rely upon the uniform
statewide regulations applicable to massage practitioners and establishments
that were enacted by the State Legislature as Business and Professions
Code Section 4600 et seq., by Senate Bill 731 in 2008, and amended
in 2011 by Assembly Bill 619 and in 2014 by Assembly Bill 1147, to
restrict the commercial practice of massage in the City to those persons
duly certified to practice by the California Massage Therapy Council
and to provide for the registration and regulation of massage businesses
for health and safety purposes to the extent allowed by law.
(Ord. 557 § 3, 2019)
The following words and phrases, when used in this chapter,
have the meanings in this section unless, from the context, a different
meaning is intended or specifically defined:
means the City of Santee, California.
means the massage therapy organization formed pursuant to
Business and Professions Code Section 4600.5.
means any individual certified by the California Massage
Therapy Council as a certified massage therapist or as a certified
massage practitioner pursuant to California Business and Professions
Code Section 4600 et seq.
means the payment, loan, advance, donation, contribution,
deposit, exchange, or gift of money or anything of value.
means the occurrence of any of the following events:
A conviction in a court of competent jurisdiction of any of
the following:
Any infraction, misdemeanor or felony offense which relates
directly to the operation of a massage establishment, or during the
performance of a massage, whether as a massage establishment owner
or operator, or by a certified massage therapist working at the massage
establishment;
Any felony which occurred on the premises of a massage establishment;
A violation of any provision of law pursuant to which a person
is required to register under the provisions of Penal Code Section
290, or conduct in violation of Penal Code Section 266h, 266i, 314,
315, 316, 318, subsections (a), (b) or (d) of Penal Code Section 647,
or an attempt to commit or conspiracy to commit any of the above mentioned
offenses, or any other crime involving dishonesty, fraud, deceit,
or moral turpitude or when the prosecution accepted a plea of guilty
or nolo contendere to a charge of a violation of Penal Code Section
415, 602 or any lesser included or related offense, in satisfaction
of, or as a substitute for, any of the previously listed crimes, or
any crime committed while engaged in the ownership of a massage establishment
or the practice of massage;
Any crime specified in Government Code Section 51032;
A violation of Health and Safety Code Section 11550 or any offense
involving the illegal sale, distribution or possession of a controlled
substance specified in Health and Safety Code Section 11054, 11055,
11056, 11057 or 11058;
Conspiracy or attempt to commit any of the aforesaid offenses;
Any lesser-included offense of any of the aforesaid offenses;
Any offense in a jurisdiction outside the State of California
which is the equivalent of any of the aforesaid offenses.
For purposes of considering whether to renew or revoke a permit,
whether the permittee engaged in or committed any of the conduct described
in California Penal Code Section 266h, 266i, 314, 315, 316, 318, subsections
(a), (b) or (d) of Penal Code Section 647, or Government Code Section
51032.
The requirement to register under the provisions of California
Penal Code Section 290.
Becoming subject to a permanent injunction against the conducting
or maintaining of a nuisance pursuant to California Penal Code Sections
11225 through 11235 or any similar provisions of law in a jurisdiction
outside the State of California.
Becoming subject to a permanent injunction against the conducting
or maintaining of a nuisance pursuant to California Health and Safety
Code Sections 11570 through 11587 or any similar provisions in a jurisdiction
outside the State of California.
The denial, nonrenewal, suspension, or revocation of any license
or permit issued by any state, county, city, or other local government
within the United States for the operation of a massage establishment
or for the performance of massages, except that denial of license
or permit for the operation of a massage establishment may not be
considered if the sole basis for the denial was the prohibition of
the use within the zoning or planning district in which the use was
proposed to be located.
Touching the genitals, pubic regions, anuses, or female breasts
below a point immediately above the top of the areolas, whether or
not the same are covered, of oneself or of another person while providing
massage services or while within view of a customer or patron of the
massage establishment.
Exposing the genitals, pubic regions, anuses, or female breasts
below a point immediately above the top of the areola of oneself or
of another person to view while providing massage services or while
within view of a customer or patron of the massage establishment.
means any person employed by a massage business who may render
any service to the business, and who receives any form of compensation
from the business.
means the San Diego County Department of Environmental Health.
means and refers to any method of treating the external parts
of the body for remedial, health, or hygienic purposes for any form
of compensation by means of pressure on or friction against, or stroking,
kneading, rubbing, tapping, pounding, or stimulating the external
parts of the body, with or without the aid of any mechanical or electrical
apparatus or appliances; or with or without supplementary aids, such
as rubbing alcohol, liniments, antiseptics, oils, powders, creams,
lotions, ointments, or other similar preparations commonly used in
this practice; or by baths, including, but not limited to, Turkish,
Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral,
fomentation, or any other type of bath.
means any establishment having a fixed place of business
where any person, firm, association or corporation engages in or carries
on or permits to be engaged in or carried on any of the activities
mentioned in the definitions for disqualifying conduct in this section
for compensation.
means providing massage services for compensation at a location
other than premises permitted as a massage establishment and has the
same meaning as "out-call" in the Massage Therapy Act.
means a person who has been issued a license and permit to
operate a massage establishment or to conduct massage pursuant to
this chapter.
means any of the following persons:
Any person who is a general partner of a general or limited
partnership that owns a massage business.
Any person who has five percent or greater ownership interest
in a corporation that owns a massage business.
Any person who is a member of a limited liability company that
owns a massage business.
Any person who has a five percent or greater ownership interest
in any other type of business association that owns a massage business.
means any school or institution of learning, which meets the requirements of an approved school pursuant to Chapter 10.5 of Division 2 of the Business and Professions Code (commencing with Section 4600) or pursuant to a similar code provision of another state.
means the Sheriff of the County of San Diego.
means and includes any legal form of business organization
where the business owner (sometimes referred to as the "sole
proprietor") is the only person employed by that business to
provide massage services.
(Ord. 557 § 3, 2019)
This chapter is intended to supplement State law. In the event
of a conflict between this chapter and State law, the City gives effect
to State law.
(Ord. 557 § 3, 2019)
A.
Individuals.
It is unlawful for any individual to provide massage for compensation
as a sole proprietorship or employee of a massage business or in any
other capacity within the City unless that individual is a certified
massage practitioner.
B.
Massage
Establishment. Except as otherwise provided in this chapter, it is
unlawful for any massage establishment to allow, permit, facilitate,
or provide massage for compensation within the City unless all of
the following occur:
1.
All
individuals employed by the massage business to perform massage, whether
as an employee, independent contractor, or sole proprietorship, are
certified massage practitioners;
3.
The
massage establishment has a valid City massage registration permit,
which is a regulatory permit, in accordance with this chapter.
C.
Off-Premises
Massage. It is unlawful for any person to allow, permit, facilitate,
or provide massage for compensation in any capacity within the City
except at a business establishment with a valid business license and
regulatory permit, except in the following circumstances:
1.
The
individual providing off-premises massage has a business license or
is listed on the business license of a massage establishment specifically
authorizing the provision of off-premises massage;
3.
The
person receiving the massage has a prescription for massage in writing
by a physician, surgeon, chiropractor, or osteopath duly licensed
to practice in the State of California. No additional massage service
shall be performed for any patron beyond that service which is specifically
described in the writing whether or not such patron desires any additional
service to be performed.
D.
Issuance.
1.
Unless
grounds for denial of such permit are found to exist, a massage registration
permit may be issued to the person signing the application, after
compliance with the requirements of this chapter and all other applicable
provisions of this code, including, but not limited to, the payment
of the appropriate application permit fee.
2.
A
separate business license and regulatory permit must be obtained for
each separate massage establishment.
3.
Every
applicant for a license or permit required by this chapter must at
the time of making application pay the fee established by resolution
of the City Council.
(Ord. 557 § 3, 2019)
Each person conducting off-premises massage must comply with
the following regulations:
A.
Off-premises
massage operations shall be carried on only between the hours of 7:00
a.m. and 12:00 midnight.
B.
If an
off-premises massage business will employ any individual to perform
massage services other than the permitted applicant, the applicant
shall provide a list of the massage therapists who will provide massage
services for the business, and copies of the certifications held by
those individuals. Updates to this information and documentation shall
be provided when employees stop working and before any new employees
begin to work for the business.
(Ord. 557 § 3, 2019)
A.
The
application for a massage registration permit must set forth the exact
nature of the massage to be administered, the proposed place of business
and facilities therefor, and the name and address of each applicant.
B.
In addition
to the foregoing, any applicant for a permit must furnish the following
information:
1.
Legal
name of the massage establishment.
2.
Legal
names of all owners of the massage establishment.
3.
Address
and telephone number of the massage establishment.
4.
Address
and telephone number of all owners of the massage business.
5.
The
form of business under which the massage business will be operating
(e.g., corporation, general or limited partnership, limited liability
company, or other form).
6.
A
list of all of the massage establishment's employees and independent
contractors who are performing massage and their CAMTC certification.
7.
Each owner or operator of the massage business who is not a CAMTC-certified massage practitioner must submit an application for a background check, including the following: the individual's business, occupation, and employment history for the five years preceding the date of the application; the inclusive dates of such employment history; the name and address of any massage establishment or similar business owned or operated by the individual whether inside or outside the City; all criminal convictions or offenses, except misdemeanor traffic violations, and including, but not limited to, those described in Section 4.17.010; whether the applicant is required to register under the provisions of California Penal Code Section 290; whether the applicant, including a corporation or partnership, or a former employer of the applicant while so employed, or a building in which the applicant was so employed or a business conducted, was ever subjected to an abatement proceeding under California Penal Code Sections 11225 through 11235, California Health and Safety Code Sections 11570 through 11587 or any similar provisions of law in a jurisdiction outside the State of California.
8.
For
all owners, a signed statement that all of the information contained
in the application is true and correct; that all owners shall be responsible
for the conduct of the business's employees or independent contractors
providing massage services, and acknowledging that failure to comply
with the California Business and Professions Code Sections 4600 et
seq., and local, State, or Federal law, or the provisions of this
chapter may result in revocation of the business's registration
permit.
9.
If
the applicant is assuming control over an existing massage establishment,
and the existing permittee will not be an owner or operator of the
massage establishment for the entire term of the new permit, then
the new permit shall not be issued unless and until the former massage
registration permit has been surrendered and relinquished to the City.
10.
Authorization for the City, its employees and agents to seek information
and conduct an investigation into the truth of the statements set
forth in the application and the qualifications of the application
for the permit.
11.
Such other information as may reasonably be deemed necessary by the
City or Sheriff's Department to investigate the accuracy and
veracity of the information required in the application.
(Ord. 557 § 3, 2019)
A.
No massage
registration permit may be granted unless the proposed establishment
complies with each of the following minimum requirements, in addition
to any other requirements imposed by State or local law:
1.
A
recognizable and legible sign must be posted at the main entrance
identifying the premises as a massage establishment.
2.
A
light level of no less than five foot-candles at any point within
the room must be maintained in each room or enclosure where massage
services are performed on patrons.
3.
Adequate
dressing, locker and toilet facilities must be provided for patrons.
a.
In steam rooms and rooms containing tubs or showers, a waterproof
floor covering must be provided which extends up the walls at least
six inches and must be covered at the floor-wall juncture with at
least a three-eighth inch radius. Toilet room must be of similar construction.
b.
Walls of toilet and bathing facilities must be smooth, waterproof
and kept in good repair.
4.
Cabinets
must be provided for the storage of clean linen. Approved containers
must be provided for the storage of all soiled linen.
5.
Minimum
ventilation must be provided in accordance with the building code
of the City. To allow for adequate ventilation in cubicles, rooms
and areas provided for patrons' use, which are not serviced
directly by required window or mechanical systems of ventilation,
partitions must be constructed so that the height of partitions do
not exceed 75% of the floor-to-ceiling height of the area in which
they are located.
6.
All
plumbing and electrical installations must be installed under permit
and inspection of the building inspection department and such installations
must be installed in accordance with the Uniform Building Code and
the Uniform Plumbing Code.
7.
All
walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and
all other physical facilities for the establishment must be in good
repair and maintained in a clean and sanitary condition. Wet and dry
heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower
compartments, and toilet rooms must be thoroughly cleaned and disinfected
with a disinfectant approved by the Health Department each day the
business is in operation.
8.
Towels,
sheets, and linens of all types and items for personal use of operators
and patrons must be clean and freshly laundered. Towels, clothes,
and sheets must not be used for more than one person. Reuse of such
linen is prohibited unless the same has been first laundered. Common
use of towels or linens is prohibited. Heavy white paper may be substituted
for sheets, provided, that such paper is used once for each person
and then discarded into a sanitary receptacle.
9.
All
lavatories or wash basins must be provided with hot and cold running
water, soap and single service towels in wall-mounted dispensers.
10.
Disinfecting agents and sterilizing equipment approved by the Health
Department must be provided for any instruments used in performing
acts of massage.
11.
Pads used on massage tables must be covered in a workmanlike manner
with durable washable plastic or other acceptable waterproof material.
12.
All unoccupied rooms and areas of a massage establishment must be
subject to reasonable inspection during hours of the business operation.
13.
No exterior entrance to the massage establishment which is regularly
used by the public for ingress or egress may be locked during business
hours unless the business license for such establishment authorizes
such doors to be locked in the event only one person is on duty in
the premises.
B.
This
section must be construed as minimum standards only.
(Ord. 557 § 3, 2019)
In addition to the requirements set forth in this title, all
massage establishments must fulfill the following facilities and operations
requirements:
A.
There
must be no display, storage, or use of any sexually oriented merchandise
on the premises of the massage establishment;
B.
To assure
patrons' health, safety, sanitation, and comfort, all employees,
and certified massage therapists must be clean and dressed appropriately
in clean, opaque clothing which does not expose the breasts, genitals
or buttocks when performing services upon the premises. Attire worn
by all employees and certified massage therapists, while engaging
in the practice of massage for compensation, or while visible to clients
in the massage establishment, may not include the following:
1.
Swim
attire, if not providing a water-based massage modality approved by
CAMTC,
2.
Attire
that constitutes a violation of Section 314 of the Penal Code,
3.
Attire
that is otherwise deemed by CAMTC to constitute unprofessional attire
based on the custom and practice of the profession in California;
C.
No employee
of the massage establishment or any certified massage therapist may
expose any genitals, pubic regions, buttocks, anuses, or breasts below
a point immediately above the top of the areola to the view of a customer
or patron of the massage establishment. All customers and patrons
must be appropriately draped with a clean, opaque towel sufficient
to cover genitalia and female breasts;
D.
Each
service offered, the price thereof, and the minimum length of time
such service will be performed must be posted in a conspicuous public
location in each massage establishment. All letters and numbers shall
be capitals not less than one inch in height. No services may be performed
and no sums may be charged for such services other than those posted.
All arrangements for services to be performed must be made in a room
in the massage establishment which is not used to administer massages,
baths, or health treatments, unless no other room exists in the massage
establishment;
E.
No massage
establishment is permitted to be kept open for business or operated
between the hours of 9:00 p.m. and 7:00 a.m.;
F.
No alcoholic
beverages or controlled substances may be sold, served, furnished,
kept, consumed, imbibed, or possessed on the premises of any massage
establishment;
G.
The
operator or a manager of a massage establishment must be present on
the premises at all times when the establishment is open for business
or in operation. The operator is at all times responsible for the
operation of the premises in compliance with the terms and conditions
of this chapter, whether he or she is actually present; and
H.
No massage
establishment is permitted to be located within a residential structure
except in compliance with Title 13.
(Ord. 557 § 3, 2019)
A.
The
issuing officer may deny the application for a permit if the issuing
officer finds any of the following:
1.
That
the applicant, any persons to be employed at the massage establishment,
or in the case of an applicant-corporation or partnership any of its
officers, directors, holders of five percent or more of the corporation's
stock or partners, within five years immediately preceding the date
of the filing of the application, is a person who has engaged in disqualifying
conduct.
2.
That
the massage establishment, as proposed by the applicant, if permitted,
would not comply with all the applicable laws, including, but not
limited to, all the City's building, fire, and zoning regulations,
and health regulations of the Health Department.
B.
No massage
registration permit may be issued by the issuing officer unless the
applicant has fulfilled the requirements of this chapter.
C.
In no
event may the decision to grant or deny the permit be based on information
authorized or required to be kept confidential pursuant to Welfare
and Institutions Code Sections 600 to 900.
D.
If criminal
charges are pending against an applicant within a court or public
agency, the conviction of which would result in the denial of the
application, the issuing officer will suspend review of the application
pending the final disposition of the criminal charges. The issuing
officer will send written notice to the applicant notifying him or
her that the review of his or her application is suspended pending
the final disposition of the current criminal charges. The applicant
must then notify the issuing officer when a final decision is reached,
and the outcome of the criminal matter is decided (i.e., conviction,
dismissal, etc.). During the period of suspension, the application
will be treated as if it were never submitted. If an applicant fails
to notify the issuing officer of the final disposition of the criminal
charges within 180 calendar days after the disposition, the application
will be deemed expired, and the applicant will be required to submit
a new application and fee.
(Ord. 557 § 3, 2019)
In addition to the grounds for revocation provided in Chapter 4.02, the issuing officer may revoke a license or permit issued pursuant to this chapter for the following reasons:
A.
The
permittee has violated any provisions of this chapter, including,
but not limited to, the requirement that the applicant or the applicant's
designee be present at the premises at all times the massage establishment
is in operation;
B.
The licensee or permittee has engaged in disqualifying conduct as described in Section 4.17.010 after issuance of the business license or regulatory permit;
C.
The
permittee has made a material misstatement in the application for
a permit;
D.
The
permittee has engaged in fraud, misrepresentation, or false statement
in conducting the massage establishment or in performing massage services;
E.
The
permittee has continued to operate the massage establishment after
the permit has been suspended;
(Ord. 557 § 3, 2019)
The operator and designated manager must be responsible for
the conduct of all employees or independent contractors while they
are on the establishment premises. In addition, the operator and any
designated manager are responsible for compliance with the terms of
this chapter and for receipt of any notices served or delivered to
the premises by the City. Any act or omission of any employee or independent
contractor constituting a violation of the provisions of this chapter
is deemed the act or omission of the operator for purposes of determining
whether the operator's permit will be revoked, suspended, denied
or renewed.
(Ord. 557 § 3, 2019)
A.
Prior
to any change of location of a permitted massage establishment, an
application must be made to the issuing officer and such change of
location must be approved by the Sheriff after confirming all applicable
provisions of this chapter are complied with, a nonrefundable change
of location fee has been paid in the amount established by resolution
of the City Council, and the Building Department has inspected the
new location and has advised the Sheriff that it complies with the
requirements of this chapter.
B.
A sale
or transfer of any interest in a massage establishment must be reported
to the issuing officer within 30 calendar days prior to the closing
of the sale or transfer if that interest would be required to be reported
upon application for a massage registration permit. Upon the sale
or transfer of any interest in a massage establishment, the owner(s)
or operator of such massage establishment must apply for a new business
license or regulatory permit. Permits and licenses are nontransferable.
(Ord. 557 § 3, 2019)
No person permitted to do business as provided in this chapter
may operate under any name or be conducted under any designation not
specified in the permit.
(Ord. 557 § 3, 2019)
Every person, association, firm, or corporation operating a
massage establishment under a permit as herein provided, including,
but not limited to, massage conduct off-premises, must keep for a
period of 90 days a record of the date and hour of each treatment,
and the name of the technician administering such treatment. The record
must be open to inspection by officials charged with the enforcement
of these provisions for the purposes of law enforcement and for no
other purpose. The information furnished or secured as a result of
any such inspection will be confidential. Records must be kept for
a period of 90 days of treatments rendered off the business site.
(Ord. 557 § 3, 2019)
The Sheriff, the Building Department and Health Department are
each authorized to make an inspection of any massage establishment
in the City as needed for the purpose of determining that the provisions
of this chapter are met.
(Ord. 557 § 3, 2019)
A permittee at the time when this chapter goes into effect is, except as otherwise provided herein, required to comply with the provisions of Section 4.17.060 on the effective date of the ordinance codified in this chapter.
(Ord. 557 § 3, 2019)
A.
Exemptions.
This chapter does not apply to the following classes of individuals,
and the individuals are exempt from massage establishment requirements
while engaged in the performance of the duties of their respective
professions:
1.
Physicians,
surgeons, chiropractors, acupuncturists, or osteopaths ("professionals")
duly licensed to practice their respective professions in the State
of California under the provisions of the Business and Professions
Code, while performing activities encompassed by such professional
licenses; however:
2.
Registered
nurses, licensed vocational nurses or physical therapists duly licensed
to practice their professions in the State of California under the
provisions of the Business and Professions Code, while performing
activities encompassed by their respective licenses;
3.
Other
health care personnel engaged in the healing arts as regulated and
licensed by Division 2 of the Business and Professions Code;
4.
Barbers,
cosmetologists, estheticians and manicurists duly licensed by the
State of California while performing activities encompassed by their
respective licenses, except that this exemption applies solely for
the massaging of the neck, face and/or scalp of the customer or client
of a barber, cosmetologist, or esthetician, or in the case of a licensed
manicurist, the massaging of the forearms, hands, calves and/or feet;
and
5.
Coaches
and trainers employed by accredited high schools, community colleges
or universities while acting within the scope of their employment,
as well as trainers of amateur, semi-professional or professional
athletes or athletic teams while acting in that capacity.
B.
Exception.
Individuals administering massages or health treatment involving massage
to persons participating in road races, track meets, triathlons, and
similar athletic or recreational events are exempt from the provisions
of this chapter, provided, that all of the following conditions are
met:
1.
The
massage services are made equally available to all participants in
the event;
2.
The
event is open to participation by the general public or a significant
segment of the public such as employees of sponsoring or participating
corporations, students from the participating schools, members of
participating organizations, etc.;
3.
The
massage services are provided at the site of the event and either
during, immediately preceding, or immediately following the event;
4.
The
sponsors of the event have been advised of and have approved the provision
of massage services; and
5.
The
persons providing the massage services are not the primary sponsors
of the event.
C.
The
exemption for professionals only applies to the extent that the massages
are administered for medical purposes. Professionals that administer
nonmedical massages are subject to the licensing requirements of this
chapter.
D.
If any
State-licensed professional, who is exempt under this section, violates
any provision of this chapter, the City will notify the State licensing
body that licenses the professional in writing of the professional's
municipal code violation.
E.
Exception. The Finance Director may grant an exception to some or all of the requirements of this chapter for any massage establishment that operates as a sole proprietorship and is a home occupation, as that term is defined in Title 13, in order to achieve the purposes of both this title and Title 13. The provision of massage services must comply with all conditions associated with the home occupation.
(Ord. 557 § 3, 2019)
A.
Every person, except those persons who are specifically exempted by this chapter, whether acting as an individual, owner, employee of the owner, operator or employee of the operator, who gives massages or conducts a massage establishment or practices the giving or administering of any of the services defined in Section 4.17.010 of this chapter without first obtaining the necessary license and permit violates this code.
B.
Any
owner, operator, manager, or permittee in charge or in control of
a massage establishment who knowingly employs a person to give or
conduct massage or any of the services defined in this chapter who
is not in possession of a valid, unrevoked permit or who allows such
person to perform, operate or practice within such place of business
violates this code.
(Ord. 557 § 3, 2019)
