For the purposes of this chapter, the words, terms and phrases
set forth in this section shall have the meanings herein set forth
unless the context clearly requires a different meaning.
means the director of planning or his or her designee.
means the license to operate a massage establishment as required
by this chapter.
means any establishment having a fixed place of business
where any individual, firm, association, partnership, corporation,
joint venture or combination of individuals engaged in, conducts,
carries on or permits to be engaged in, conducted or carried on for
consideration, massages, baths, or health treatments involving massages,
or baths as regular functions.
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 or 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. "Massage" includes, but is not limited to acupuncture,
acupressure (shiatsu), reflexology, foot massage, Reiki, and other
similar energy healing treatments. This definition exempts massage
of the hands or feet of a seated customer or client when conducted
solely for the purposes of administering manicures or pedicures and
conducted by California licensed manicurists, pedicurists, beauticians,
cosmetologists, or aestheticians. Also exempted is massage above the
neck of a seated customer or client when conducted solely for the
purposes of administering hair cutting, hair styling, facial hair
removal, or non-permanent make-up application to the face when conducted
by California licensed barbers, hair-dressers, beauticians, or cosmetologists.
means any person who administers massages, baths, or health
treatments involving massages or baths as the principal functions
to another person for any consideration whatsoever.
means a nonmedical health care practitioner who uses a massage
specialty and health enhancement approach in caring for clients.
means the permit to engage in the activities of a massage
required by this chapter.
means any individual, firm, association, partnership, corporation,
joint venture or combination of individuals.
means a person who:
Within five years immediately preceding the date of filing of the application in question or, in the case of revocation or suspension proceedings, within five years of the date of notice of hearing pursuant to Section 5.10.250, has been convicted in a court of competent jurisdiction of:
Any misdemeanor or felony 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 massage practitioner,
or
Any felony the commission of which occurred on the premises
of a massage establishment; or
Within five years immediately preceding the date of the filing
of the application in question or, in the case of revocation or suspension
proceedings, within five years of the date of notice of revocation
or suspension hearing, whichever is applicable, has had any massage
establishment, operator, technician, practitioner or trainee license
or permit issued by any state, county or city revoked; or
Within five years immediately preceding the date of the filing
of the application, or in the case of revocation or suspension proceedings,
within five years of the date of notice of revocation or suspension
hearing, whichever is applicable, has been convicted in a court of
competent jurisdiction of:
Any violation of Sections 266(h), 266(i), 315, 316, 318 or subdivision
(b) of Section 674 of the California Penal Code, or
Conspiracy of attempt to commit any such offense, or
Any offense in a jurisdiction outside the state of California
which is the equivalent of any of the aforesaid offenses, or
Any felony offense involving the sale of a controlled substance
specified in Sections 11054, 11055, 11057 or 11058 of the California
Health and Safety Code; or
Is required to register under the provisions of Section 290
of the California Penal Code; or
Has been subjected to a permanent injunction against the conducting
or maintaining of a nuisance pursuant to Sections 11225 through 11235
of the California Penal Code or any similar provisions of law in a
jurisdiction outside the state of California.
means any school or institution of learning which teaches
the theory, ethics, practice, profession and work of massage, which
school or institution of learning requires a residence course of study
of not fewer than one hundred hours to be given in not more than three
calendar months before the student shall be furnished with a diploma
or certificate of graduation from such school or institution of learning
following the successful completion of such course of study or learning,
and which school has been approved pursuant to California Education
Code Section 94311 or, if said school is not located in California,
has complied with standards commensurate with those required by this
section and has obtained certification under any similar state certification
program, if such exists. 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
Department of Education shall not be deemed a "recognized school of
massage."
means an organization which the director determines meets
each of the following requirements:
Has tax exempt status under Section 501(c) of the Internal Revenue
Code;
The organization or association requires that its members meet
minimum educational requirements. The educational requirements must
include at least five hundred classroom hours or its equivalent in
anatomy, physiology, hygiene, sanitation, massage practice and ethics
of massage practice;
The organization or association requires participation in continuing
education programs as a condition of continuing membership;
The organization or association has established rules of ethics
and has enforcement procedures for the suspension and revocation of
membership of persons violating the rules of ethics;
The organization is open to members of the general public meeting
the requirements for membership on either a statewide or national
basis and, in fact, maintains a membership which reflects substantial
statewide or national participation by persons engaged in the business
of therapeutic massage.
is the practice of massage under the direction of a California
licensed physician, surgeon, chiropractor, acupuncturist, osteopath,
nurse or registered physical therapist or the practice of massage
by a California licensed massage therapist or massage technician as
an ancillary use to a beauty/health spa or gym as defined by Title
21 of the Glendora Municipal Code.
(Ord. 1636 § 1, 1995; Ord. 1850 § 1, 2006; Ord. 1924 §§ 2, 3, 2009)
It is unlawful for any person as owner or operator to engage
in, conduct or carry on, in or upon any premises within the city the
operation of a massage establishment without a massage establishment
license obtained from the director as required by this chapter unless
it can be determined by the director that the massage establishment
is exempt from the requirements of this chapter pursuant to Division
2, Chapter 10.5 (Massage Therapists) of the California Business and
Professions Code. A separate license shall be obtained for each separate
massage establishment operated by such person. Upon payment of the
appropriate license application fee, a massage establishment license
shall be issued to any person who has complied with the requirements
of this chapter, and all other applicable provisions of the code,
unless grounds for denial of such license are found to exist. Nothing
in this section shall be construed to waive or eliminate the requirement
for any other license which may be required by this code.
(Ord. 1636 § 1, 1995; Ord. 1924 § 4, 2009)
Any application for a license to operate a massage establishment
shall be accomplished by a nonrefundable fee in an amount established
by resolution of the city council. The application fee shall be used
to defray the costs of investigation and report. A license to operate
a massage establishment shall be renewed annually. The licensee shall
pay a renewal fee for such renewal, in an amount established by city
council resolution.
(Ord. 1636 § 1, 1995)
(a)
No
person shall operate any massage establishment prior to having obtained
a massage establishment license pursuant to this chapter. Any application
for a massage establishment license shall be made with the director.
(b)
The
application shall set forth the exact nature of the massage, bath
or health treatments to be administered, the proposed place of business
and facilities therefor, and the name and address of the applicant.
The applicant must furnish fingerprints for purposes of establishing
identification. The applicant shall also furnish the following information:
(1)
The previous addresses of applicant, if any, for a period of five
years immediately prior to the date of the application and the dates
of residence at each;
(2)
Written proof that the applicant is at least eighteen years of age;
(3)
The history of the applicant as to the operation of any massage establishment
or similar business or occupation within five years immediately preceding
the filing of the application. Such information shall include, but
shall not be limited to, a statement as to whether or not such person,
in previously operating a massage establishment under a permit or
license, has had such permit or license revoked or suspended and the
reasons thereto; and the business, activity or occupation the license
applicant engaged in subsequent to such action of revocation or suspension;
(4)
All criminal convictions or offenses described in Section 5.10.010; whether the applicant is required to register under the provisions of Section 290 of California Penal Code; 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 Sections 11225 through 11235 of the California Penal Code or any similar provisions of law in a jurisdiction outside the state of California;
(5)
Applicant's height, weight, and color of eyes and hair;
(6)
Two prints of a recent passport-size photograph of applicant;
(7)
Business, occupation or employment history of the applicant for the
five years immediately preceding the date of the application;
(8)
If the applicant is a corporation, the name of the corporation shall
be set forth exactly as shown in its articles of incorporation, together
with the names and residence addresses of each of its officers, directors
and each stockholder holding more than five percent of the stock of
the corporation, along with the amount of stock held. If the applicant
is a partnership, the application shall set forth the name and residence
addresses of each of the partners, including limited partners. If
one or more of the partners is a corporation, the provisions of this
section pertaining to a corporate applicant shall apply;
(9)
The names and residence addresses of all persons currently employed or intended to be employed in the massage establishment, regardless of the nature of the employment, including the names and addresses of any person licensed pursuant to Sections 5.10.140 and 5.10.170 along with the proposed or actual nature of the work performed or to be performed, and recent passport-sized photographs, suitable for the director to process the application of each such employee. The director shall require such employees to furnish fingerprints for the purpose of establishing identification. Any applicant or licensee shall notify the city in writing of the names, addresses and nature of the work, or any new employees, within five days of such employment, and supply the photographs described in this subsection. Such new employees shall allow fingerprints to be taken for the purpose of identification upon request. "Employee" includes every owner, partner, manager, supervisor and worker, whether paid or not, who renders personal services of any nature in the operation of a massage establishment;
(10)
Such other information as may reasonably be deemed necessary by the
director;
(11)
A statement in writing by the applicant that he or she certifies
under penalty of perjury that the foregoing information contained
in the application is true and correct, said statement being duly
dated;
(12)
Authorization for the city, its agents and employees 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 license.
(Ord. 1636 § 1, 1995)
(a)
Within
sixty working days following receipt of a completed application, the
director shall either issue the license or mail a written statement
of the reasons for denial thereof.
(b)
The
director shall deny a license to the license applicant where any of
the following conditions exist:
(1)
The applicant has made one or more material misstatements in the
application for a license; or
(2)
The applicant, if an individual; or the stockholders holding more than five percent of the stock of the corporation; the officers and directors and each of them if the applicant be a corporation, or the partners, including limited partners, and each of them, if the applicant be a partnership; and the manager or other person principally in charge of the operation of the business, or any such individuals, is a person who has engaged in disqualifying conduct in the past five years, as described in subsection (9) of Section 5.10.010; or
(3)
The massage establishment, as proposed by the license applicant,
if permitted, would not comply with all the applicable laws, including,
but not limited to, all the city's building, fire, zoning, and health
regulations; or
(4)
The applicant is lacking in the background and qualifications to
conduct a bona fide massage establishment; or
(5)
Any persons to be employed by applicant are persons who have engaged in disqualifying conduct as described in Section 5.10.010 (9); or
(6)
The applicant has violated any provision of this chapter, or any
similar ordinance, law, rule or regulation of any other public agency
which regulates the operation of massage establishments; or
(7)
The applicant is less than eighteen years of age.
(Ord. 1636 § 2, 1995)
All massage establishments shall comply with the following facilities
and operations requirements:
(1)
Massage
establishments shall comply with all applicable code requirements.
(2)
A
minimum of one toilet and wash basin shall be provided in every massage
establishment.
(3)
Cabinets
or other covered space shall be provided for the storage of clean
linen. Approved receptacles shall be provided for the storage of all
soiled linen and paper towels.
(4)
Minimum
ventilation shall be provided in accordance with the applicable building
codes of the city. To allow for adequate ventilation in cubicles,
rooms and areas provided for patrons' use, which are not serviced
directly by required windows or mechanical systems of ventilation,
partitions shall be constructed so that the height of partition does
not exceed the greater of seventy-five percent of the floor-to-ceiling
height of the area in which they are located or sixty inches.
(5)
All
plumbing and electrical installations shall be installed under permit
and inspection of the buildings inspection department and such installations
shall be installed in accordance with the applicable provisions of
the Uniform Building Code, Uniform Plumbing Code and other applicable
codes.
(6)
The
walls in all rooms where water or steam baths are given shall have
a washable, mold-resistant surface.
(7)
All
lavatories or wash basins shall be provided with hot and cold running
water, soap and single service towels in wall-mounted dispensers.
(8)
All
massage establishments shall be provided 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 the same has first been laundered. 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
walls, ceilings, floors, pools, showers, bathtubs, steam rooms and
all other physical facilities including appliances and apparatuses
of 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 shall
be thoroughly cleaned and disinfected each day the business is in
operation. Bathtubs shall be thoroughly cleaned and disinfected after
each use.
(10)
Disinfecting agents and sterilizing equipment shall be provided for
any instruments used in performing any massage and said instruments
shall be disinfected and sterilized after each use.
(11)
Pads used on massage tables shall be covered with durable, washable
plastic or other acceptable waterproof material.
(12)
To assure patrons' health, safety, sanitation and comfort, all employees,
massage technicians and massage practitioners shall be clean and dressed
appropriately when performing services upon the premises. All patrons
shall be appropriately draped while receiving such services.
(13)
Each service offered, the price thereof and the minimum length of
time such service shall be performed shall 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 shall
be performed and no sums shall be charged for such services other
than those posted. All arrangements for services to be performed shall
be made in a room in the massage establishment which is not used for
administration of massages, baths or health treatments, unless no
other room exists in the establishment. No massage technician or practitioner
shall, after the commencement of any service for any patron, advise,
suggest or otherwise indicate to such patron that any additional service
is available, or ask or inquire of such patron whether such patron
desires any additional service to be performed. No massage technician
or practitioner shall perform any service for any patron which was
not ordered by such patron prior to the commencement of performance
of any service rendered.
(14)
No massage establishment shall be kept open for business between
the hours of nine p.m. and seven a.m.
(15)
No alcoholic beverages shall be sold, served, furnished, kept or
possessed on the premises of any massage establishment.
(16)
No communication devices shall be installed or used in any manner
on the premises so as to interfere with or hinder inspections by law
enforcement officers or city officials.
(17)
Residing in massage establishments prohibited. No person or persons
shall be allowed to live, reside or dwell inside the massage establishment
at any time.
(18)
Doors. All front, reception, hallway or front exterior doors (except
back or rear exterior doors used for employee entrance to and exit
from the massage establishment) shall be kept unlocked during business
hours. No massage may be given within any cubicle, room, booth or
any area within a massage establishment which is fitted with a door
capable of being locked, unless the only door is an exterior door.
(19)
Notices. The chief of police may require that the following notice
be posted in the event that any person or employee of the massage
establishment or any person who has been aided and abetted by an employee
of the massage establishment has been found, after full hearing by
administrative proceeding or court conviction, to have violated any
of the provisions listed in this chapter.
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NOTICE TO ALL PATRONS
|
|
THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE
COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY THE GLENDORA POLICE
DEPARTMENT OR CITY OFFICIALS AT ANYTIME WITHOUT PRIOR NOTICE.
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(A)
The notice set forth above shall be prepared and issued by the chief
of police.
(B)
The notice shall be conspicuously posted in a location within the
massage establishment that is easily visible to any person entering
the premises and in each massage room. The notice shall be posted
for twelve months following the administrative determination of any
such violation, or date of conviction, of any of the offenses set
forth in this chapter.
(C)
The requirement for posting the notice described in this subsection
is cumulative and in addition to all other civil and criminal remedies
and penalties set forth in this chapter, or in the ordinance, laws,
rules or regulations of the city of Glendora, and the state of California.
(Ord. 1636 § 2, 1995; Ord. 1840 §§ 2—5,
2006)
Each owner or operator of a massage establishment legally doing
business on the effective date of this chapter shall apply for a massage
establishment license not later than ninety days therefrom, and shall
comply with all requirements which are prerequisites for issuance
of a license before such a license will issue.
(Ord. 1636 § 2, 1995)
Any and all investigating officials of the city shall have the
right to enter massage establishments from time to time during regular
business hours to make reasonable inspections to observe and enforce
compliance with building, fire, electrical, plumbing or health regulations,
and to ascertain whether there is compliance with the provisions of
this chapter. A person who operates a massage establishment or his
or her agents or employee commits a violation of this chapter if he
or she refuses to permit a lawful inspection of the premises by an
official of the city pursuant to this chapter.
(Ord. 1840 § 7, 2006)
Whenever the director makes an inspection of a massage establishment
and finds that any provision of this chapter has been violated, the
director shall give notice of such violation by means of an inspection
report or other written notice. In any such notification, the director
shall:
(1)
Set
forth the specific violation or violations found;
(2)
Establish
a specific and reasonable period of time for the correction of the
violation or violations. If the director determines that the violation
or violations are minor in nature, the director may issue a warning
to the licensee or permittee that any further violation of this chapter
may result in the filing of a complaint for revocation or suspension
of the license or permit;
(3)
State
that failure to comply with any notice issued in accordance with the
provisions of this chapter may result in the director filing a complaint
for revocation or suspension of the license or permit.
(Ord. 1636 § 2, 1995)
No person licensed to operate a massage establishment shall
operate under any name or conduct business under any designation not
specified in the license.
(Ord. 1636 § 2, 1995)
Upon a change of location of a massage establishment, an application
to the director shall be made, and such application shall be granted,
provided all applicable provisions of this chapter and this code,
including without limitation the zoning code, are complied with, and
a change of location fee in an amount established by city council
resolution to defray the costs of investigation and report has been
paid to the city.
(Ord. 1636 § 2, 1995)
A sale or transfer of any interest in a massage establishment,
which interest would be reported as required in this chapter upon
application for a massage establishment license, shall be reported
to the director within ten days of such sale or transfer. The director
shall investigate any person receiving any interest in a massage establishment
as a result of such sale or transfer, and if such person satisfies
the requirements relating to massage establishment license applicants,
the existing license shall be endorsed to include such person. A fee
as set forth by resolution of the city council shall be paid to the
city for the investigation by the director necessitated by each such
sale or transfer.
(Ord. 1636 § 2, 1995)
The owner or operator of a massage establishment shall display
the massage establishment license and the permit of each and every
massage technician or practitioner employed in the establishment in
an open and conspicuous place on the premises. Passport-size photographs
of the licensee and permittee shall be affixed to the respective license
and permits on display pursuant to this section. Massage establishment
owners or operators and massage technicians, or massage practitioners
employed at the massage establishment who hold and maintain current
valid certification by the state of California massage therapy organization
must display their certification in an open and conspicuous place
on the premises.
(Ord. 1636 § 2, 1995; Ord. 1924 § 7, 2009)
(a)
It
is unlawful for any person to act as a massage technician unless such
person holds a valid permit issued by the director.
(b)
A massage technician permit shall be issued to any person who has fulfilled the requirements of Section 5.10.160, and all other applicable provisions of this chapter, unless grounds for denial of such permit are found to exist. The director may deny a permit to the permit applicant if:
(1)
The applicant made a material misstatement in the application for
a license; or
(2)
The applicant is a person who has engaged in disqualifying conduct,
as described in Section 5.10.010(9); or
(3)
The applicant has violated any provision of this chapter, or of any
similar ordinance, law, rule or regulation of another public agency
which regulates the operation of massage technicians; or
(c)
Exception. To the extent that a massage technician can produce documentation that he or she holds and maintains current valid certification by the state of California massage therapy organization (MTO) pursuant to Division 2, Chapter 10.5 (Massage Therapists) of the California Business and Professions Code, a massage technician with current valid MTO certification shall not be required to comply with massage technician permitting requirements described in Sections 5.10.140(b), 5.10.150 and 5.10.160 of the Glendora Municipal Code. A massage technician with a current valid MTO certificate is still subject to the zoning code requirements for massage and must still obtain and maintain a current city business license.
(Ord. 1636 § 2, 1995; Ord. 1924 § 5, 2009)
Any application for a massage technician permit shall be accompanied by a nonrefundable fee. A massage technician permit shall be renewed annually and a renewal fee shall be paid. The massage technician permit fee and the renewal permit shall be in amounts as deemed by city council resolution. Any person who applies for a massage establishment license and who desires to act as a massage technician within said establishment shall not be required to pay the fee required by this section but shall be required to furnish the materials and information set forth in Section 5.10.040, and to show qualifications for and to obtain a necessary permit.
(Ord. 1636 § 2, 1995)
(a)
Any
application for a massage technician permit shall be made with the
director.
(b)
Within sixty working days following receipt of a completed application, the director shall either issue the permit or mail a written statement of the reasons for denial thereof. The director shall require that the applicant furnish fingerprints for the purpose of establishing identification. The applicant shall furnish the information required under Section 5.10.040(b)(1)5.10.040(b)(1), (2), (4), (5), (6), (7), (10), (12) and the following additional information:
(1)
Social Security number and driver's license number, if any;
(2)
The name and address of the establishment where the applicant is
to be employed or engage in the practice of massage if self-employed
and the name of the owner or operator of the same. Any massage technician
granted a permit pursuant to this section must report any change in
massage establishment employment within five days of said change;
(3)
The name and address of the recognized school of massage attended,
the dates attended, and a copy of the diploma or certificate of graduation
awarded the applicant showing the applicant has completed no fewer
than one hundred hours of instruction. All applicants may be required
to furnish additional evidence of enrollment and attendance of the
required class hours and are subject to an oral interview by the director
to establish the bona fide completion of educational requirements;
(4)
Certificate from a medical doctor stating that the applicant has,
within thirty days immediately prior to the filing of the approved,
been examined and found to be free from any contagious or communicable
disease capable of being transmitted to the public or to fellow employees
by the type of conduct and interaction with fellow employees and the
public involved in the performance of the job of massage technician;
and
(5)
A statement in writing by the applicant made under penalty of perjury
that the information furnished is true and correct, said statement
being duly dated.
(Ord. 1636 § 2, 1995)
(a)
It
is unlawful for any person to act as a massage practitioner unless
such person holds a valid permit issued by the director.
(b)
A massage practitioner permit shall be issued to any person who has fulfilled the requirements of Section 5.10.190 and all other applicable provisions of this chapter unless grounds for denial of such permit are found to exist. The director may deny a permit to the permit applicant if:
(1)
The applicant made a material misstatement in the application for
a license; or
(2)
The applicant is a person who has engaged in establishing conduct
as described in Section 5.10.010(9); or
(3)
The applicant has violated any provision of this chapter or of any
similar ordinance, law, rule or regulation of another public agency
which regulates the operation of massage practitioners; or
(c)
Exception. To the extent that a massage practitioner can produce documentation that he or she holds and maintains current valid certification by the state of California massage therapy organization (MTO) pursuant to Division 2, Chapter 10.5 (Massage Therapists) of the California Business and Professions Code, a massage practitioner issued a current valid with current valid MTO certification shall not be required to comply with massage practitioner permitting requirements described in Sections 5.10.170(a) and (b), 5.10.180 and 5.10.190 of the Glendora Municipal Code. A massage practitioner with current valid MTO certification is still subject to the zoning code requirements for massage and must still obtain and maintain a current city business license.
(Ord. 1636 § 2, 1995; Ord. 1924 § 6, 2009)
Any application for a massage practitioner permit shall be accompanied by a nonrefundable fee. A massage practitioner permit shall be renewed annually and a renewal fee shall be paid. The massage practitioner permit fee and the renewal permit fee shall be in amounts as determined by city council resolution. Any person who applies for a massage establishment license and who desires to act as a massage practitioner within said establishment shall not be required to pay the fee required by this section but shall be required to furnish the materials and information set forth in Section 5.10.040, and to show qualifications for and obtain a massage practitioner permit.
(Ord. 1636 § 2, 1995)
(a)
Any
application for a massage practitioner permit shall be made with the
director.
(b)
Within sixty working days following receipt of a completed application, the director shall either issue the permit or mail a written statement of the reasons for denial thereof. The director shall require that the applicant furnish fingerprints for the purpose of establishing identification. The applicant shall furnish the information required under Section 5.10.040(b)(1)5.10.040(b)(1), (2), (4), (5), (6), (7), (10) and (12), and the following additional information:
(1)
Social Security number and driver's license number, if any;
(2)
The name and address of the establishment where the applicant is
to be employed or engage in the practice of massage if self-employed;
and the name of the owner operator of the same. Any massage practitioner
granted a permit pursuant to this section must report any change in
massage establishment employment within five days of said change;
(3)
The applicant shall present to the director proof of membership in
good standing of a state or national organization devoted to the massage
specialty and health enhancement approach or has completed any one
of the following requirements:
(i)
Five hundred hours of instruction in the massage specialty and health
enhancement approach at a recognized school of massage with a state
approved curriculum and can submit a sworn affidavit of code of ethics
to which they will adhere. This code can be from an association or
comparable organization as approved by the city attorney; or
(ii)
Two hundred fifty hours of such instruction as required under
(i) above, and, in addition, five hundred hours of practical experience
in the massage specialty and health enhancement therapeutic approach
in the form of paid employment as documented by Internal Revenue Service
(IRS) tax returns or other affidavit and submission of a sworn affidavit
of code of ethics as in (i) above; or,
(iii)
One hundred hours of such instruction as required under (i)
above, and proof of four hundred hours additional instruction in any
one of the following:
(A)
Continuing educational classes ("CE") in the massage field and
related classes offered by approved schools, or
(C)
Programs as in subsection (A) approved and certified by qualifying professional associations, or
(D)
Adult education classes in massage and related topics offered
through state approved colleges and universities; or
(iv)
Has passed an independently prepared and administered national
certification exam which has been recognized by objective standards
to fairly evaluate professional levels of skill, safety and competence;
(4)
Certificate from a medical doctor stating that the applicant has,
within thirty days immediately prior to the filing of the application,
been examined and found to be free from any contagious or communicable
disease capable of being transmitted to the public or to fellow employees
by the type of conduct and interaction with fellow employees and the
public involved in the performance of the job of massage practitioner;
(5)
Statement written by the applicant made under penalty of perjury
that the information furnished is true and correct, said statement
being duly dated.
(Ord. 1636 § 2, 1995)
All appeals from a denial of a massage establishment license or permit for massage technician or practitioner shall be made in accordance with the provisions of Section 5.10.250 of this code.
(Ord. 1636 § 2, 1995)
(a)
This
chapter shall not apply to the following classes of individuals while
engaged in the performance of the duties of their respective professions:
(1)
Physicians, surgeons, chiropractors, acupuncturists, or osteopaths
who are duly licensed to practice their respective professions in
the state of California, while performing activities encompassed by
such professional licenses;
(2)
Nurses or physical therapists who are duly licensed to practice their
professions in the state of California, while performing activities
encompassed by such professional licenses;
(3)
Persons with a valid certification from the state of California massage
therapy organization pursuant to Division 2, Chapter 10.5 (Massage
Therapists) of the California Business and Professions Code;
(4)
Exemptions from the requirements of this chapter provided to individuals holding certain occupational licenses from the state of California described in this subsection are not extended to employees, contractors, or any other personnel conducting massage or massage therapy, unless they also possess occupational licenses exempt from the requirements of this chapter, or where otherwise specifically exempted under Section 5.10.210;
(5)
Manicurists, pedicurists, beauticians, cosmetologists, or aestheticians
who are duly licensed by the state of California only when administering
manicures or pedicures to seated customers or clients. Exempts massage
of the hands or feet of a seated customer or client when conducted
solely for the purposes of administering manicures or pedicures;
(6)
Barbers, hairdressers, beauticians, or cosmetologists who are duly
licensed by the state of California only when administering hair cutting
services, hair styling services, facial hair removal services, or
applying facial make-up (non-permanent). Exempts massage above the
neck of a seated customer or client when conducted solely for the
purposes of administering hair cutting, hair styling, facial hair
removal, or non-permanent make-up application to the face;
(7)
Individuals administering massages or health treatment involving
massage to persons participating in road races, track meets, triathlons
and similar single occurrence athletic or recreational events; provided,
that all of the following conditions are met:
(A)
The massage services are made equally available to all participants
in the event,
(B)
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,
(C)
The massage services are provided at the site of the event and either
during, immediately preceding or immediately following the event,
(D)
The sponsors of the event have been advised of and have approved
the provision of massage services,
(E)
The persons providing the massage services are not the primary sponsors
of the event.
(b)
This
chapter shall not apply to the following medical facilities or institutions
duly licensed by the state of California:
(1)
Hospitals, community care facilities, nursing homes, or sanatoriums
duly licensed by the state of California, as defined by the California
Health and Safety Code.
(Ord. 1636 § 2, 1995; Ord. 1924 § 8, 2009)
A massage establishment may be permitted in an athletic club
or similar establishment provided such massage operations are incidental
to the cooperation of such bona fide athletic club and such athletic
club has a valid conditional use permit approved by the planning commission
which identified the massage establishment.
(Ord. 1636 § 2, 1995)
(a)
After
an investigation, notice and hearing, any license issued for a massage
establishment may be revoked or suspended by the director where any
of the following is found:
(1)
The licensee has violated any provisions of this chapter; or
(2)
The licensee is a person who has engaged in disqualifying conduct as described in subsection (9) of Section 5.10.010; or
(3)
The licensee has failed to comply with one or more of the facilities and operations requirements of Section 5.10.060; or
(4)
The licensee has engaged in fraud, misrepresentation or false statement
in conducting the massage establishment; or
(5)
The licensee has continued to operate the massage establishment after
the license has been suspended; or
(6)
The licensee has allowed a person to work as a massage technician
or practitioner who:
(Ord. 1636 § 2, 1995)
After an investigation, notice and hearing, any massage technician
or practitioner permit may be revoked or suspended by the director
where it is found that:
(1)
The
permittee has violated any provision of this chapter; or
(2)
The permittee is a person who has engaged in disqualifying conduct as described in subsection (9) of Section 5.10.010; or
(3)
The
permittee has continued to function as a massage technician or practitioner
after the permit has been suspended; or
(5)
The
permittee has made a material misstatement in the application for
a permit.
(Ord. 1636 § 2, 1995)
(a)
Upon determining that grounds for (1) denial of an application for a license or permit, or (2) revocation or suspension as set forth in Sections 5.10.230 and/or 5.10.240, exist, the director shall furnish written notice of the proposed denial, revocation or suspension to the licensee. For purposes of this section only, "licensee" shall include a person holding a massage establishment license, a massage technician permit or massage practitioner permit. Such notice shall summarize the principal reasons for the proposed revocation or suspension; shall state that the licensee may request a hearing within ten calendar days of the postmarked date on the notice; and shall be delivered both by posting the notice at the location of the massage establishment and by sending notice, by certified mail, postage prepaid, addressed to the licensee as the licensee's name and address appear on the application denied or the license or permit revoked or suspended.
(b)
If the director determines that any grounds for (1) denial of an application for a license or a permit, or (2) revocation or suspension as provided in Sections 5.10.230 and/or 5.10.240 of this chapter, exist, and if no written request for hearing by the planning commission is filed as permitted in subsection (c) below, the denial of an application for a license or permit shall be effective immediately and the director shall immediately revoke or suspend the appropriate then-existing license(s). In the absence of a written request for hearing by the planning commission, the decision of the director shall be final.
(c)
Within ten calendar days after the later of the mailing or posting of the notice, the licensee may file with the director a written request for hearing by the planning commission. If the written request for a hearing is filed within ten calendar days of the later of the postmark on the mailed notice or the posting of the notice referred to in subsection (b) above, the director shall immediately send the request to the planning commission, and the hearing shall be provided. A timely filed request for hearing by the planning commission shall vacate the decision of the director.
(d)
Upon
receipt of a written request for a hearing, the planning commission
shall conduct a hearing within forty-five calendar days of the filing
of such written request by the licensee. Notice of time and place
of the hearing shall be given to the licensee by personal service
or via certified mail postage prepaid, at least fifteen calendar days
in advance of the date set for the public hearing. At the hearing,
the licensee and the city shall be entitled to present relevant evidence,
testify under oath and call witnesses who shall testify under oath.
The planning commission shall not be bound by the statutory rules
of evidence in the hearing, except that hearsay evidence may not be
the sole basis for the determination of the planning commission.
(e)
At the conclusion of the hearing, the planning commission shall decide whether the grounds for revocation or suspension exist and shall, within five calendar days submit a written report to the director and file said written report with the city clerk. Such written report shall contain a brief summary of the evidence considered and shall state findings, conclusions and directives to the director regarding whether an application for a permit or license is to be denied or a license is to be revoked or suspended. All such written reports shall be public records. A copy of such report shall be forwarded by certified mail, postage prepaid, to the licensee within two days of the day it is filed with the city clerk. The decision of the planning commission, in the absence of a timely appeal as hereinafter provided, shall be final. If the planning commission determines that any grounds exist for (1) denial of an application for a permit or license, or (2) revocation or suspension of license as provided in Sections 5.10.230 and/or 5.10.240 of this chapter, and if no written appeal to the city council is filed as permitted in subsection (f) below, the denial of the license shall be effective immediately or the director, based upon the written report of the planning commission, shall immediately revoke or suspend the then-existing appropriate license(s).
(f)
The
decision of the planning commission shall be appealable to the city
council by the filing of a written appeal with the city clerk within
ten calendar days following the day of mailing of notice of the planning
commission's decision. A timely filed appeal shall vacate the decision
of the planning commission. Any such appeal shall be a de novo public
hearing held within forty-five days of the filing of the written appeal
with the city clerk. Notice of time and place of the hearing shall
be given to the licensee by personal service or via certified mail
postage prepaid, at least fifteen calendar days in advance of the
date set for the public hearing. At the hearing, the licensee and
the city shall be entitled to present relevant evidence, testify under
oath and call witnesses who shall testify under oath. The city council
shall not be bound by the statutory rules of evidence in the hearing,
except that hearsay evidence may not be the sole basis for the determination
of the city council. The decision of the city council upon appeal
shall be final and conclusive.
(Ord. 1636 § 2, 1995)
An applicant for either a license or a permit under this chapter
whose application for such license or permit has been denied may not
reapply for such license or permit for a period of one year from the
date such notice of denial was deposited in the mail or received by
the applicant, whichever occurs first. However a reapplication prior
to the termination of one year may be made if accompanied by evidence
that the ground or grounds for denial of the application no longer
exist.
(Ord. 1636 § 2, 1995)
No refund or rebate of a license or permit shall be allowed
by the reason of the fact that the licensee or permittee discontinues
an activity for which a license or permit is required pursuant to
this chapter, or that the license or permit is suspended or revoked.
(Ord. 1636 § 2, 1995)
In the event that a license or permit is cancelled, suspended,
revoked or invalidated, the licensee or permittee shall forward it
to the officer who issued it not later than the end of the third business
day after notification of the cancellation, suspension, revocation
or invalidation.
(Ord. 1636 § 2, 1995)
All ordinances or parts of ordinances, or regulation, in conflict
with the provisions of this chapter are hereby repealed.
(Ord. 1636 § 2, 1995)
(a)
It
is a violation of this chapter for any person or person holding a
massage establishment license or massage technician or practitioner
permit to commit, and the director may deny, suspend or revoke any
license or permit or application for, any of the following:
(1)
It is unlawful for any person to massage any other person, or give
or administer any bath or baths, or to give or administer any of the
procedures or services set forth in this chapter for immoral purposes,
or in a manner intended to arouse, appeal to or gratify the lust or
passions or sexual desires of such person.
(2)
Violating or attempting to violate, directly or indirectly, or assist
in or abetting the violation of, or conspiring to violate, any provisions
or terms of this chapter or any rule or law of this state.
(3)
Conviction of any felony, or conviction of a misdemeanor that is
substantially related to the qualifications, functions, or duties
of a massage establishment license or massage technician or practitioner
permit holder, in which event the record of the conviction shall be
conclusive evidence of the crime.
(4)
Impersonating an applicant or acting as a proxy for a massage establishment
licensee or massage technician or practitioner permit holder, or permitting
or allowing an unqualified person to use such license or permit in
an unlawful manner.
(5)
Committing any fraudulent, dishonest, or corrupt act that is substantially
related to the qualifications, functions, or duties of a license or
permit holder.
(6)
Committing any act punishable as a sexually related crime.
(7)
Prohibited Off-Premises Massage Services or Therapy. No off-premises
massage services or therapy is allowed to be offered or administered
for money or other consideration at a location other than a licensed
massage establishment in accordance with this chapter.
(Ord. 1840 § 8, 2006)
