It is the purpose and intent of this chapter to provide for
the orderly regulation of massage businesses and to comply with state
regulations as it relates to massage services. The city council recognizes
that providing massage services is a viable professional field offering
the public valuable health and therapeutic services. While there are
significant health benefits that can result from massage therapy,
there are also significant risks of injury by persons improperly trained
and/or educated in providing massage therapy services. There are also
opportunities for illegal acts of prostitution, lewdness and human
trafficking that can occur in massage establishments.
This chapter establishes minimum standards for massage businesses
and massage therapists so as to protect and safeguard the public health,
safety and welfare and to enhance the reputation of the profession
and integrity of the services provided. The establishment of reasonable
standards for the issuance of business licenses and restrictions on
massage operations would serve to reduce the risk of illegal activity
and would thereby benefit the public health.
It is the purpose and intent of the city council that massage
businesses and massage therapists offering such services be regulated
so as to ensure that persons offering massage services possess the
minimum qualifications necessary to operate such a business and are
able perform the services offered to ensure that those offering these
services conduct their work in a lawful and professional manner and
comply with required building, sanitation and health standards.
(Ord. O2019-06 § 2)
A. Unless the particular provision or the context
otherwise requires, the definitions and provisions contained in this
section shall govern the construction, meaning, and application of
words and phrases used in this chapter.
"Certified massage therapist" or "massage therapist"
shall mean any individual, certified by the CAMTC and possessing
a valid CAMTC certificate and is licensed to practice or administer
massage, in exchange for any form of compensation within the city
of Manteca. All persons certified by CAMTC shall have the right to
perform or engage in the practice of massage consistent with the Massage
Therapy Act, the qualifications established by his or her certification,
and the provisions of this chapter stated herein.
"Chief of police"
means and includes the chief of the Manteca police department,
or designated representative.
"City"
shall mean the city of Manteca.
"Client"
shall mean the customer or patron who pays for or receives
massage services.
"Compensation"
means the payment, loan, advance, donation, contribution,
deposit, exchange, or gift of money or anything of value.
"Employee"
shall mean any person employed by a massage business who
may render any massage services, or who may engage in activities that
further massage services, of any nature in connection with the operation
of a massage business and who receives any form of compensation from
the massage business. For the purposes of this chapter, the term "employee"
shall include independent contractors, agents and volunteers.
"Licensee"
shall mean any person who receives from the city of Manteca
a business license.
"Manager"
means a person who supervises, manages, directs, organizes,
controls, or in any other way is responsible for or in charge of the
conduct of the activities within a massage business. Evidence of management
includes, but is not limited to, evidence that the individual has
power to direct or hire and dismiss employees, control hours of operation,
create policy or rules, or purchase supplies. A manager may also be
an owner.
"Massage" or "massage therapy"
shall mean 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, vibrating, or stimulating, of the external
parts of the body with hands or other parts of the body, with or without
the aid of any mechanical or electrical apparatus or appliances; or
with or without such supplementary aids as rubbing alcohol, liniments,
antiseptic, oils, powder, 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, mud, fermentation or any other type
of bath.
"Massage business"
means any business that offers massage in exchange for compensation,
whether at a fixed place of business or at a location designated by
the customer or client through out-call or on-site massage services.
The term "massage business" includes a certified massage therapist
who is the sole owner, operator and employee of a massage business
operating as a sole proprietorship. For the purposes of this chapter,
the term "massage business" shall include those businesses that provide
separate massage services, such as spas and day spas, but shall not
apply to massages performed to limited areas of the neck, face and/or
scalp, hands or feet of the clients when that massage is accessory
to and within the scope of a barber's, cosmetologist's, and esthetician's
state license.
"Massage establishment"
shall mean a fixed location where massage for compensation
is regularly conducted. For the purposes of this chapter, the term
"massage establishment" shall include those businesses that provide
separate massage services, such as spas and day spas, but shall not
apply to massages performed to limited areas of the neck, face and/or
scalp, hands or feet of the clients when that massage is accessory
to and within the scope of a barber's, cosmetologist's, and esthetician's
state license.
"On-site massage"
shall mean a massage given to an individual who remains fully
clothed during the massage and at a location other than a massage
business, and is limited to massages that take place at malls, business
offices, sports complexes, convention centers and public events.
"Out-call massage"
shall mean the engaging in or carrying on of massage for
compensation in a location other than a duly licensed massage establishment.
"Owner"
shall mean any of the following:
a.
The sole proprietor of a massage business or establishment;
or
b.
Any person who is a general partner of a general or limited
partnership that owns a massage business; or
c.
Any person who has a five percent or greater ownership interest
in a corporation that owns a massage business; or
d.
Any person who is a member of a limited liability company that
owns a massage business; or
e.
Any person who has a five percent or greater ownership interest
in any other type of business association that owns a massage business.
"Reception area"
shall mean the area immediately inside the front door of
the massage establishment, dedicated to the reception and waiting
of clients and visitors of the massage establishment, which is not
a massage room or otherwise used for the provision of massage services.
"Sole proprietorship"
shall mean a massage business where the owner owns one hundred
percent of the business, is the only person who provides massage services
for compensation for that business pursuant to a valid and active
CAMTC certificate, and has no other employees or independent contractors
that perform massage for the business.
"Spa" or "day spa"
shall mean a business that offers a variety of services intended
to meet personal needs of individuals such as skin treatment, manicures
and pedicures and massage.
B. The
provisions of this chapter shall not apply to the following classes
of individuals or businesses while engaged in the performance of their
duties:
1. Physicians,
surgeons, nurses, chiropractors, osteopaths, acupuncturists, podiatrists,
physical therapists, who are duly licensed to practice their respective
professions, in the state of California under the provisions of Division
2 (commencing with Section 500) of the
Business and Professions Code.
2. Persons
operating or employed at hospitals, nursing homes, sanitariums, or
any other health facility duly licensed by the state of California.
3. Trainers
of any amateur, semi-professional or professional athlete or athletic
team, so long as such persons' practice of massage is limited to such
athletes and athletic teams.
4. Persons
operating or employed at athletic clubs or fitness facilities, where
such facility is designed and equipped for indoor sports, exercise,
or physical education, and where massage services are provided to
members of such facilities.
5. Barbers,
cosmetologists, or estheticians who are duly licensed under the laws
of the state of California, while engaging in practices within the
scope of their licenses, so long as the barber, cosmetologist or esthetician
limits any massages he or she performs in the course of his or her
professional duties to the neck, face and/or scalp, hands or feet
of the clients when that massage is accessory to and within the scope
of the barber's, cosmetologist's, and esthetician's state license.
6. Enrolled
students of a school of massage when they are performing massage within
the city as part of a formal supervised internship or training wherein
the student receives school credit, operated by the school, without
receiving any form of compensation, including tips, on the premises
of a massage establishment duly authorized to operate in the city.
7. Persons
performing a therapeutic modality for which the state does not offer
licenses or certification under the provisions of Division 2 (commencing
with Section 500) of the
Business and Professions Code and the modality
is performed with minimal touching and the client remains fully clothed
at all times, such as Reiki, Reflexology, Rolfing or the Bowen Technique.
(Ord. O2019-06 § 2)
A. No person
or massage business shall perform either on-site massage or out-call
massage for compensation without possessing a CAMTC certificate in
conjunction with a valid city business license.
B. Out-call
massage shall not be performed unless authorized in writing by a physician,
surgeon, chiropractor or osteopath duly licensed to practice in the
state of California.
C. Out-call
massage and on-site massage shall only be conducted between the hours
of eight a.m. and eight p.m.
D. Out-call
massage or on-site massage shall not be conducted in the following
locations:
1. A
hotel/motel room or any other similar location used primarily for
transitory habitation purposes.
2. The
residence of the out-call or on-site massage therapist.
(Ord. O2019-06 § 2)
All massage establishment owners, operators, employees, sole
proprietors, independent contractors and any person performing massage
within the city shall comply with all of the following health and
safety requirements.
A. Massage
establishments and massage therapists shall at all times have an adequate
supply of clean sanitary towels, coverings and linens. Clean towels,
coverings, and linens shall be stored in enclosed cabinets. Towels,
non-disposable coverings, and linens shall not be used on more than
one client, unless they have first been laundered and disinfected.
Disposable towels and disposable coverings shall not be used on more
than one client. Soiled linens and paper towels shall be deposited
in separate receptacles.
B. In the
massage establishment, wet and dry heat rooms, steam or vapor rooms
or cabinets, toilet rooms, showers and bathrooms, whirlpool baths,
and pools shall be thoroughly cleaned and disinfected as needed, and
at least once each day when the premises are open, with a hospital-grade
disinfectant. Bath tubs shall be thoroughly cleaned with a hospital-grade
disinfectant after each use. All walls, ceilings, floors and other
physical facilities for the establishment shall be in good repair
and maintained in a clean and sanitary condition.
C. All
equipment used in the massage establishment shall be maintained in
a clean and sanitary condition. Instruments utilized in performing
massage techniques shall not be used on more than one client unless
they have been sterilized, using standard sterilization methods.
D. No massage
establishment shall have any alcohol for consumption or illegal controlled
substance on the premises at any time except for those massage establishments
that obtain authorization from the chief of police and any licenses
from the state of California Department of Alcohol Beverage Control
that may be necessary to provide alcohol to a client as a part of
the establishment's services.
E. No massage
shall be given by any massage therapist who is consuming, or is under
the influence of, any alcoholic beverage or illegal controlled substance.
F. No massage
shall be given unless the client's genitalia and female breasts are,
at all times, fully covered. Genitalia shall include the genitals,
anus, and perineum of any person. No massage shall be provided to
a client for sexual gratification by intentional contact, or occasional
and repetitive contact with the client's genitalia or female breasts
either covered or uncovered.
G. No massage
therapist or massage establishment shall place, publish or distribute
or cause to be placed, published or distributed any advertising material
that depicts any portion of the human body that would reasonably suggest
to prospective customers that services prohibited by this chapter
are available nor shall any massage therapist or massage establishment
employ language in any advertising text or business name that would
reasonably suggest to a prospective client that any service is available
that is prohibited under this chapter.
H. A massage
therapist shall not engage in lewd or dissolute conduct in any massage
establishment in violation of
Penal Code Section 647(a), shall not
solicit or engage in any act of prostitution with the intent to receive
compensation, money, or anything of value from another person in violation
of
Penal Code Section 647(b), and shall not commit any acts that would
constitute a violation of a crime of moral turpitude. Such conduct
shall not be allowed or permitted by the massage business.
(Ord. O2019-06 § 2)
All massage establishment owners, operators, employees, sole
proprietors, independent contractors and any person performing massage
within the city shall comply with all of the following operating requirements.
A. CAMTC
certification shall be worn by and on the massage therapist's person
during working hours and at all times when the massage therapist is
inside a massage establishment or providing out-call massage. No owner,
operator or manager of a massage establishment shall allow or permit
a person to administer massage for such establishment unless the massage
therapist possesses and wears a valid CAMTC certificate.
B. Massage
shall only be performed between the hours of six a.m. and ten p.m.
No massage business shall be open and no massage shall be provided
between ten p.m. and six a.m. A massage commenced prior to ten p.m.
shall terminate prior to ten pm. and all clients shall exit the massage
establishment prior to ten pm.
C. A list
of services available and the cost of each service shall be posted
in the reception area within the massage establishment, and shall
be described in English if another language is also used to list the
available services. Out-call service providers shall provide such
a list to clients in advance of performing any service. No owner,
manager, or operator shall permit, and no massage therapist shall
offer to perform any service other than those posted or listed, as
required herein, nor shall an owner, manager, or operator nor a massage
therapist request or charge a fee for any service other than those
on the list of available services posted in the reception area or
provided to the client in advance of any out-call services.
D. The
massage establishment premises and facilities shall meet and be maintained
in a condition to comply with all applicable code requirements of
the city, including, but not limited to, those related to the safety
of structures, adequacy of the plumbing, lighting, heating, ventilation,
waterproofing of rooms in which showers, water or steam baths are
used, and the health and cleanliness of the facility.
E. Clients
of the massage establishment shall be furnished with a private dressing
room. Dressing rooms need not be separate from the room in which the
massage is being performed.
F. Toilet
facilities shall be provided in convenient locations within the massage
establishment and shall consist of at least one unisex toilet with
lavatories or wash basins provided with soap and both hot and cold
running water either in the toilet room or vestibule.
G. A minimum
of one wash basin for employees shall be provided at all times. The
basin shall be located within or as close as practicable to the area
devoted to performing of massage services. Soap and sanitary towels
shall also be provided at each basin.
H. The
CAMTC certificate of each and every massage therapist performing massage
shall be displayed in the reception area or in the area where massage
is to be performed. CAMTC certificates of former employees, independent
contractors, or volunteers shall be removed as soon as those massage
therapists are no longer performing massage at the location. All records
of employees, independent contractors, or volunteers who have performed
massage for a massage business shall be retained by the owner of the
massage business for a period of two years.
I. The
owner and/or manager of the massage establishment shall maintain a
roster of all employees, including operators, managers and massage
therapists, showing each individual's name, nick-name or alias, home
address, date of birth, gender, phone number, Social Security Number,
CAMTC certificate number, date of employment, and the individual's
job duties for the massage establishment. This roster and all of the
information contained therein shall be maintained on the massage establishment's
premises for a period of two years following the last date of employment
of each employee listed on the roster. Upon consent or upon obtaining
an applicable warrant, the operator or manager on duty shall make
the roster immediately available for inspection by city or police
department representatives during all hours the massage establishment
is open for business.
J. Massage
therapists shall be fully clothed at all times. Clothing shall be
of a fully opaque, non-transparent material and said garments shall
not expose their genitals, pubic areas, buttocks, or breasts. Swim
attire may not be worn unless the massage therapist is providing a
water-based massage modality approved by the CAMTC. A massage therapist
shall not wear any clothing that is deemed by the CAMTC to constitute
unprofessional attire. All employees of the massage business, including
owners and managers, shall also adhere to these clothing requirements.
K. Every
massage business shall keep a written or electronic record of the
date and hour of each treatment administered, the name and address
of each client, the name of the massage therapist administering treatment,
and the type of treatment administered. Such written or electronic
record shall be available for inspection by officials charged with
the enforcement of this chapter. Such records shall be kept on the
premises of a massage establishment for a period of two years and
shall be open to inspection by the city during the massage business'
normal business hours.
L. Where
the massage establishment has staff available to ensure security,
the entry to the reception area of the massage business shall remain
unlocked during business hours when the establishment is open for
business or when clients are present.
M. No massage
establishment shall simultaneously operate as a school of massage
or share facilities with a school of massage.
N. Minimum
lighting consisting of at least one artificial light of not less than
forty watts shall be provided and shall be operating in each room
or enclosure where massage services are being performed on clients
and in all areas where clients are present.
O. No massage
establishment shall allow any person to reside within the massage
establishment or in any attached structures owned, leased or controlled
by the massage establishment owners.
P. All
massage establishments must comply with all state and federal laws
and regulations pertaining to disabled clients.
Q. All massage establishments must comply with the city's sign ordinance pursuant to Title
17, Article 3, Chapter
17.54 of the Manteca Municipal Code.
R. All
front, reception, hallway or front exterior doors (except back or
exterior doors used solely for employee entrance to and exit from
the massage establishment) shall be unlocked during business hours,
except as may be permitted by applicable law, which allow for safety
doors that may be opened from the inside when locked. No massage may
be given within any cubicle, room, booth or any other area within
a massage establishment that is fitted with a lock of any kind (such
as a locking door knob, padlock, dead bolt, sliding bar or similar
device) unless the door is an exterior door. No entry doors to any
room shall be obstructed by any means. The requirement that an exterior
door must remain unlocked at all times does not apply to any massage
establishment owned by one individual with one or no employees or
independent contractors.
(Ord. O2019-06 § 2)
A. It is
unlawful for any person to perform or engage in the practice of massage
for compensation within the city unless that person possesses a current,
valid, unsuspended and unrevoked CAMTC certificate.
B. It is
unlawful for any massage business or massage establishment to provide
massage for compensation within the city unless all persons employed
by the massage business or massage establishment to perform massage,
whether as an employee, independent contractor, volunteer, or sole
proprietorship, possess a current, valid, unsuspended and unrevoked
CAMTC certificate.
(Ord. O2019-06 § 2; Ord. O2023-16 § 1)
A. Any
individual holding a valid business license issued by the city to
provide or engage in massage for compensation within the city prior
to the effective date of the ordinance codified in this chapter, may
continue to provide such massage services under that license until
that license expires, but shall otherwise comply with the requirements
of this chapter. Upon expiration of said license issued by the city,
any person who desires to continue to provide massage within the city
shall first obtain a current, valid, unsuspended, and unrevoked CAMTC
certificate.
B. Any
massage business holding a valid business license issued by the city
to provide massage for compensation within the city may continue to
operate as a massage business until the license expires provided that
all of the massage business' employees providing massage services
possess a CAMTC certificate or the equivalent state certificate for
massage. Upon expiration of the massage business' city business license,
any massage business that desires to continue to provide massage for
compensation within the city shall first ensure that all of the massage
business' employees providing massage possess a current, valid, unsuspended,
and unrevoked CAMTC certificate.
C. All persons, massage businesses or massage establishments, including its owners, operators, managers, and employees engaged in the practice of massage for compensation within the city shall comply with all health and safety and operating requirements set forth in Sections
9.28.030 and
9.28.040, upon its effective date.
(Ord. O2019-06 § 2; Ord. O2023-16 § 1)
It is unlawful for any person or massage business to conduct
massage for compensation within the city without first obtaining a
valid city business license.
A. Application
for License.
1. An
applicant wishing to obtain a business license from the city shall
complete a business license application form completely and accurately
and shall provide a copy of: (a) a massage business permit; and (b)
a current and valid CAMTC certificate possessed by every person who
will be performing or engaging in the practice of massage for the
massage business.
2. If
any massage business owner(s) or manager(s) is denied a massage business
permit then a city business license cannot be issued to the massage
business until such time as the denied business owner(s) or manager(s)
is removed from the application for the city business license.
3. Prior
to the issuance of a city business license, the city shall make a
reasonable investigation into the information provided in the application
to confirm the facts stated therein.
B. Issuance of License. All business licenses shall be issued in accordance with the Manteca Municipal Code Chapter
5.04, Business Licenses Generally.
C. Renewal
of License. A city business license shall be valid for one year from
the renewal date, which is determined at the time the initial application
is received and the business license is issued. The city business
license must be renewed within thirty days after the expiration of
said city business license. If an application for renewal of a city
business license and all required information is not timely received
and the license expires, no right or privilege to provide massage
shall exist.
D. Fees. The fee for a city business license shall be assessed pursuant to Manteca Municipal Code Sections
5.12.030 and
5.04.120.
E. It is unlawful for a massage business to conduct massage for compensation within the city if the CAMTC certification of a massage business owner or manager is revoked or suspended or if that massage business owner or manager has not obtained a massage business permit pursuant to Section
9.28.090.
(Ord. O2019-06 § 2; Ord. O2023-16 § 1)
The city may, from time to time, request information from CAMTC
pertaining to any person who possesses a CAMTC certificate and who
is engaging in the practice of massage in the city. The requested
information may include, but need not be limited to, the current status
of a person's CAMTC certificate, any history of disciplinary action(s)
taken against the person, the home and work addresses of the CAMTC
certificate holder, and any other information that may be necessary
to verify a fact relevant to administering the provisions of this
chapter.
(Ord. O2019-06 § 2; Ord. O2023-16 § 1)
Every massage business owner(s) and manager(s) must obtain a
massage business permit from the chief of police, or designee, prior
to obtaining a business license, according to the following procedures:
A. The
massage business owner(s) and manager(s) must complete an application
that requests information regarding topics, including, but not limited
to, the applicant's current business name and location, occupation,
employment history for the five years preceding the date of the application,
the name and address of any massage business or like establishment
previously owned or managed by the applicant, and, if applicable,
a copy of a current, valid, unsuspended, and unrevoked CAMTC certificate.
B. Except
for those who possess a current, valid, unsuspended, and unrevoked
CAMTC certificate, every massage business owner(s) and manager(s)
must personally appear at the city police department to be fingerprinted.
The chief of police, or designee, shall conduct or cause to be conducted
on his or her behalf a background investigation of the applicant.
C. At the
time of the fingerprinting, the applicant must pay the police department
a fingerprinting fee and the cost of obtaining criminal history information
and conducting a background investigation. Fees are set forth in the
city's fee schedule in amounts established by resolution of the city
council and may be amended by the council from time to time.
D. The
chief of police, or designee, shall determine whether a massage business
permit shall be issued based on the background investigation, information
submitted with the application, or information provided by the California
Massage Therapy Council. If the chief of police, or designee, determines
that the applicant is not qualified, the chief of police, or designee,
shall inform the applicant in writing and specify the reasons for
the denial. The chief of police shall serve the applicant with notice
of the denial either personally or by certified mail addressed to
the business or residence address of the applicant. The notice of
denial shall contain an advisement of the applicant's right to request
an appeal. The city may deny a massage business permit for the following
reasons:
1. The
applicant has provided materially false information in applying for
a massage business permit.
2. Within
five years immediately preceding the date of the filing of the application
the applicant has been convicted of, or has pled guilty to, any of
the following offenses: violation of
Penal Code Sections 243.4, 261,
266a through 266j, inclusive, 267, 288, 314 to 316 inclusive, 318,
647(a), 647(b), 647(d), 647(i), 647(j) or any offense requiring registration
under
Penal Code Section 290 or
Health and Safety Code Section 11590;
any felony offense involving the possession for sale, sale, transportation,
furnishing, or giving away of a controlled substance specified in
Health and Safety Code Sections 11054 to 11058, inclusive, as amended;
any offense in another state which if committed in California, would
have been punishable as one or more of the offenses mentioned here;
any offense involving the use of force or violence upon the person
of another; or any offense involving theft, embezzlement, or moral
turpitude.
3. Within
five years immediately preceding the date of the filing of the application
the applicant has had a massage license suspended or revoked, unless
the applicant can show that mitigating circumstances exist since the
revocation or suspension.
E. The
applicant may appeal the decision of the chief of police, or designee,
to the city manager, or designee, by filing a notice of appeal within
ten calendar days of being served with the decision. The applicant
is deemed served either on the date that the decision was personally
served on the applicant or on the date that the decision was mailed
to the applicant through certified mail. The chief of police's decision
shall be final if no notice of appeal is filed with the city clerk
within the time permitted.
F. A notice
of appeal must be in writing, shall explain the reason(s) for the
appeal and shall be mailed to, or personally delivered to, the city
manager's office, or designee, with a filing fee of two hundred fifty
dollars. The city manager, or designee, shall schedule a hearing within
thirty calendar days of receiving the notice of appeal, and shall
provide written notice of the time, date and location of the hearing
to the appellant at least seven calendar days before the scheduled
hearing.
G. The hearing shall be conducted by the city manager or designee. The city manager, or designee, shall render a decision within thirty calendar days of the conclusion of the hearing, unless the parties agree otherwise. The city manager, or designee, shall notify the appellant in writing of the decision. The decision of the city manager, or designee, may be appealed pursuant to Manteca Municipal Code Section
1.10.500, Judicial review.
H. If a massage business permit is granted by the chief of police, or designee, it shall be valid until such time as the permittee terminates the permit or the permit is suspended or revoked pursuant to Manteca Municipal Code Section
9.28.100. The permit shall be non-transferrable and cannot be sold.
I. A massage
business permittee shall notify the chief of police, or designee,
in writing within thirty days after the sale of the massage business
or establishment associated with the massage business permit.
J. A massage
business permit shall be non-transferable and every new owner of a
massage business or establishment must obtain a massage business permit
before operating a massage business or establishment.
(Ord. O2019-06 § 2; Ord. O2023-16 § 1)
The chief of police, or designee, may suspend or revoke a massage
business permit issued under this chapter for one or more of the following
reasons:
A. A massage
business permittee made a false, misleading or fraudulent statement
or omission of fact to the city in the permit application process;
B. A massage
business permittee violated a provision or provisions of this chapter
or the Massage Therapy Act or some other state or federal law, including
a violation of
Penal Code Sections 243.4, 261, 266a through 266j,
inclusive, 267, 288, 314 to 316 inclusive, 318, 647(a), 647(b), 647(d),
647(i), 647(j) or any offense requiring registration under
Penal Code
Section 290 or
Health and Safety Code Section 11590; any felony offense
involving the possession for sale, sale, transportation, furnishing,
or giving away of a controlled substance specified in Health and Safety
Code Sections 11054 to 11058, inclusive, as amended; any offense in
another state which if committed in California, would have been punishable
as one or more of the offenses mentioned here; any offense involving
the use of force or violence upon the person of another; any offense
involving the use of force or violence upon the person of another;
or any offense involving theft, embezzlement, or moral turpitude;
C. The
massage establishment is not being maintained in compliance with the
provisions of this chapter, the Massage Therapy Act (Business and
Professions Code Sections 4600 through 4621), any other provision
of the Manteca Municipal Code or any other local, state or federal
law, and the massage business permittee has failed to promptly remedy
any deficiency for which they have received notice;
D. The
massage business has knowingly employed, allowed, or permitted a person
who was not certified by CAMTC to perform massage services at the
massage establishment.
(Ord. O2019-06 § 2; Ord. O2023-16 § 1)
A. The
chief of police, or designee, shall send written notice of the suspension
or revocation to the permittee and the notice shall be served on the
permittee either personally or by certified mail addressed to the
business or residence address of the permittee. The notice shall contain
a description of the grounds for the suspension or revocation of the
permit along with supporting facts, and the notice shall contain an
advisement of the permittee's right to request an appeal. The chief
of police, or designee, shall also send an informational copy of the
notice of suspension or revocation to the person or entity who owns
the property associated with the permittee's massage business.
B. Suspension or revocation issued pursuant to subsection
A shall be effective five calendar days from the date appearing on the notice, unless a timely appeal is filed in accordance with subsection
C.
C. The
decision of the chief of police, or designee, may be appealed to the
city manager's office, or designee. An appeal must be in writing,
shall explain the reason(s) for the appeal, and shall be mailed to,
or personally delivered to, the city manager's office, or designee,
with a filing fee of two hundred fifty dollars within five calendar
days of the date of the written notice of suspension or revocation.
The city manager, or designee, shall schedule a hearing within thirty
calendar days of receiving the written appeal, and shall provide written
notice of the time, date and location of the hearing to the appellant
at least seven calendar days before the scheduled hearing.
D. The hearing shall be conducted by the city manager or designee. The city manager, or designee, shall render a decision within thirty calendar days of the conclusion of the hearing, unless the parties agree otherwise. The city manager, or designee, shall notify the appellant in writing of the decision. The decision of the city manager, or designee, may be appealed pursuant to Manteca Municipal Code Section
1.10.500.
(Ord. O2019-06 § 2; Ord. O2023-16 § 1)
The investigating and enforcing officials of the city, including,
but not limited to, the chief of police, or designees, chief building
official or designees, the chief of the fire department or designee,
shall have the right to enter the massage establishment premises,
from time to time, during regular business hours, for the purpose
of making reasonable inspections to observe and enforce compliance
with applicable laws, statutes and regulations, and with the provisions
of this chapter. The chief building official and/or the chief of the
fire department may charge a fee for any safety inspections, which
shall be established by council.
(Ord. O2019-06 § 2; Ord. O2023-16 § 1)
Nothing contained in this chapter shall be construed to exempt
any person from complying with the provisions of any other applicable
ordinance, rule, or regulation, or to exempt a massage establishment
or massage therapist from the provisions of any zoning, licensing
or other building ordinance, rule or regulation.
(Ord. O2019-06 § 2; Ord. O2023-16 § 1)
A. Any person or massage business licensee shall notify the city finance department of any amendments or changes necessary to the information provided to the city pursuant to Section
9.28.070.
B. Any person or massage business licensee who holds a city business license pursuant to Section
9.28.070 shall inform the police department within five days if any of following events occur:
1. Arrest
of any employee, owner, manager, or operator of the massage establishment
of any crime listed in Section 9.28.090(D)(2).
2. Any
event involving an employee, owner, manager, operator, independent
contractor, or volunteer that may constitute a violation of this chapter
or any state or federal law.
C. This
provision shall be complied with even if the licensee believes that
the city has or will receive the information from another source.
(Ord. O2019-06 § 2; Ord. O2023-16 § 1)
Any massage business or establishment operated, conducted, or
maintained contrary to the provisions of this chapter is unlawful
and a public nuisance, and the city attorney may, in the exercise
of discretion, in addition to or in lieu of prosecuting a criminal
action hereunder, commence an action or actions, proceeding or proceedings,
for the abatement, removal and enjoinment thereof, in any manner provided
by law, and shall take such other steps and shall apply to such court(s)
as may have jurisdiction to grant such relief as will abate or remove
such businesses and restrain and enjoin any person from operating,
conducting, or maintaining a massage establishment or business contrary
to the provisions of this chapter. All remedies provided for in this
chapter are cumulative.
(Ord. O2019-06 § 2; Ord. O2023-16 § 1)
Any massage establishment or business operated, conducted, or
maintained contrary to the provisions of this chapter shall constitute
an unlawful business practice pursuant to Business and Professions
Code Section 17200 et seq., and the city attorney and/or district
attorney may, in the exercise of its discretion, in addition to or
in lieu of taking any other action permitted by this chapter, commence
an action or actions, proceeding or proceedings in an appropriate
court of jurisdiction, seeking an injunction prohibiting the unlawful
business practice and/or any other remedy available at law, including,
but not limited to, fines, attorneys' fees and costs.
(Ord. O2019-06 § 2; Ord. O2023-16 § 1)
A violation of any of the provisions or failing to comply with
any of the mandatory requirements of this chapter shall constitute
a misdemeanor and at the discretion of the city attorney, a violation
of any provision of this chapter may be prosecuted in a criminal court.
Any violation of this chapter prosecuted as a misdemeanor shall be
punishable by a fine of not more than one thousand dollars per violation
or by imprisonment in the County Jail for a period of not more than
six months, or by both fine and imprisonment. All remedies provided
for in this chapter are cumulative.
(Ord. O2019-06 § 2; Ord. O2023-16 § 1)
A violation of any of the provisions or failing to comply with
any of the mandatory requirements of this chapter may result in the
issuance of an administrative citation and the city may, at its discretion,
seek an administrative fine of up to one thousand dollars.
A. Each
violation of any provision of this chapter shall constitute a separate
and distinct violation for each and every day during which any violation
of any provision of this chapter is committed, continued or permitted
by such person.
B. Notice of the assessed fine shall be served by certified mail with the legal violation and supporting facts. The notice shall contain an advisement of the right to file an appeal and the process for contesting the imposition of the fine with the city. The appeal process and timeline shall follow those procedures and timelines set forth in Manteca Municipal Code Chapter
1.10 et seq.
C. If an
appeal is not filed and the fine is not paid within thirty days from
either the date of the notice of fine or a notice of determination
from the hearing officer, the fine may be referred to a collection
agency within or external of the city.
D. Any
outstanding amounts owed to the city may be recovered through a lien
against any real property owned by the offending party or a personal
obligation lien against the offending party.
(Ord. O2019-06 § 2; Ord. O2023-16 § 1)
Pursuant to the city attorney's prosecutorial discretion, the
city may enforce violations of this chapter as criminal, civil, and/or
administrative violations utilizing administrative remedies. All remedies
provided for in this chapter are cumulative.
(Ord. O2019-06 § 2; Ord. O2023-16 § 1)
All requirements set forth in this chapter are deemed to be
necessary for the protection of the public health, safety, and welfare
and shall be applicable to and govern all existing and proposed massage
businesses and establishments immediately upon the date the ordinance
codified in this chapter shall become effective.
(Ord. O2019-06 § 2; Ord. O2023-16 § 1)