Note: Editor's Note: Due to a typographical error, this chapter was originally assigned Chapter 6.50. To remedy the duplicative chapter assignment, this chapter has been renumbered to 6.39. All internal references have been revised, and no substantive changes
It is the purpose and intent of the city council that the operation of massage services and persons offering services therein, wherein the principal function is giving of massages, as defined in this chapter, should be regulated in the interests of public health, safety and welfare by providing minimum sanitation and health standards for such establishments, and to ensure that persons offering services therein shall possess the minimum qualifications necessary to operate such businesses and to perform such services offered. It is the city's intent to rely upon the uniform statewide regulations set forth in California Business and Professions Code Section 4600 et seq. It is further intended that these provisions provide a framework that is consistent with regulations imposed by nearby communities on similar businesses.
(Ord. 1894 § 2, (2013); Ord. 1918 § 1, (2015); Ord. 1997 § 3, (2021))
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
"Applicant"
means any person or entity applying for registration from the city, including each of the following persons: the responsible managing officer/employee, a general partner, a limited partner, a shareholder, a sole proprietor, or any person who has a 5% or greater ownership interest in a massage business whether as an individual, corporate entity, limited partner, shareholder or sole proprietor.
"California Massage Therapy Council"
means the message therapy organization formed pursuant to California Business and Professions Code Section 4600 et seq., as amended, and referred to as CAMTC herein.
"Certificate of registration"
means a certificate issued by the police department upon submission of satisfactory evidence that an individual or business has a current and valid state certification and has satisfied all other requirements pursuant to the provisions of this chapter.
"Certified"
means any person holding a current and valid state certificate issued by the CAMTC pursuant to California Business and Professions Code Section 4600 et seq., as amended.
"Certified massage business"
means any business where the only persons employed or used by that business to provide massage services have current and valid state certifications.
"Certified massage practitioner"
means any person holding a current and valid state certificate issued by the CAMTC pursuant to California Business and Professions Code Section 4600 et seq., as amended.
"Health officer"
means the health officer of the county of San Mateo or the health officer's authorized representative.
"Massage"
means any method of treating the external parts of the human body for any form of consideration. This includes, but is not limited to, bathing, rubbing, pressing, stroking, kneading, tapping, pounding, vibrating or stimulating with the hands, other parts of the human body, or any instrument, with or without the aid of any instruments or supplementary aids, such as oils and creams.
"Massage establishment"
means any business where massages, baths or health treatments, involving massage, hot tubs, saunas, or baths as the principal function, are given, engaged in or carried on, or permitted to be given, engaged in or carried on in any manner described in this section.
"Massage practitioner"
means any person who administers a massage within a massage establishment for any form of consideration.
"Off-premises massage business"
means any massage business that is conducted at locations other than at specified business premises maintained by the business operator for the purpose of providing massage on the premises.
"Person"
means any individual, partnership, firm, association, corporation, joint venture, or combination of individuals.
"Registered"
means any individual or business having a current and valid certificate of registration from the city, unless otherwise noted.
(Ord. 1894 § 2, (2013); Ord. 1918 § 1, (2015); Ord. 1997 § 3, (2021))
(a) 
It is unlawful for any person to operate, engage in, conduct, carry on, or permit to be operated, engaged in, conducted or carried on (as the owner of the business premises or in any other capacity) in or upon any premises within the city, the business of a massage establishment or an off-premises massage business all as defined herein, unless the person has first been certified for such a business, and the certification remains in effect in accordance with the provisions of this chapter.
(b) 
It is unlawful for any person to act as a massage practitioner unless that person has first registered with the city and the registration remains in effect in accordance with the provisions of this chapter.
(Ord. 1894 § 2, (2013); Ord. 1918 § 1, (2015); Ord. 1997 § 3, (2021))
The police chief or designated representative shall have the power and authority to promulgate rules, regulations, and requirements consistent with provisions of this chapter and other law in connection with the issuance of a certificate of registration. The police chief may designate an employee of his or her department to make decisions and investigations and take actions under this chapter.
(Ord. 1894 § 2, (2013); Ord. 1918 § 1, (2015); Ord. 1997 § 3, (2021))
Any person, except as herein otherwise provided, desiring to operate a massage business, or to engage in the practice of giving massages, shall first file a registration application to the police department on forms provided by the city. This application shall contain all of the following:
(a) 
State Certification Verification.
(1) 
The applicant and all massage practitioners currently employed or to be employed in the massage business shall produce in person all of the following:
(A) 
A valid and current state certification;
(B) 
A valid and current CAMTC issued identification card;
(C) 
A current and valid driver's license or identification card issued by a state, federal governmental agency, or photographic identification bearing a bona fide seal by a foreign government;
(D) 
With respect to the approved massage schools attended by the applicant and all certified massage practitioners, certified copies of transcripts, a true and correct copy of the diploma(s) issued, and current contact information of all school(s) the certified massage practitioners attended;
(E) 
If the applicant is the owner of the business and a certified massage practitioner, the applicant shall produce a sworn statement that the certified massage business shall employ only certified massage practitioners;
(F) 
A list of other jurisdictions where massage registration certificates or similar licenses are held, and a statement as to whether any of those certificates or licenses have been revoked or suspended along with a description of the reasons for such revocation or suspension.
(2) 
An applicant who is not certified and owns 5% or more of the business shall produce in person all of the following:
(A) 
Name, residence, and telephone number;
(B) 
Acceptable proof that the employee is at least 18 years of age;
(C) 
Social Security number and driver's license, if any;
(D) 
The previous address of the applicant for the 10 years immediately prior to the present address of the applicant;
(E) 
Business, occupation or employment of the applicant for the 10 years immediately preceding the date of application;
(F) 
Fingerprints (taken by the police department for criminal history investigation) and three portrait photographs at least two inches by two inches, taken within the last 60 days immediately prior to the date of the filing of the application, showing the head and shoulders of the applicant in a clear and distinct manner;
(G) 
Whether the applicant has ever been convicted of any crime, except misdemeanor traffic violations. For each such conviction, a statement shall be made giving the place and court in which the conviction occurred, the specific charge under which the conviction was obtained and the sentence imposed as a result of the conviction;
(H) 
Whether any previous person while employed by the applicant has been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under California Penal Code Section 290, or a violation of Sections 266(i), 311 through 311.7, 314, 315, 316, 318, 318.5, 318.6, or 647(a), (b), (d), (h), (i), or (k) of the Penal Code;
(I) 
A list of other jurisdictions where massage registration certificates or similar licenses are held, and a statement as to whether any of those certificates or licenses have been revoked or suspended along with a description of the reasons for such revocation or suspension.
(b) 
General Business Information.
(1) 
The full true name under which the business will be conducted.
(2) 
The present or proposed address where the business is to be conducted. If the application is for an off-premises massage business, then the address at which the business itself is operated.
(3) 
A complete description of all services to be provided.
(4) 
The name and address of any massage business or other like business owned or operated by any person whose name is required to be given pursuant to this section.
(5) 
A description of any other business to be operated on the same or adjoining premises, owned or controlled by the applicant.
(6) 
The contact information of the owner and lessor of the real property, if any, upon or in which the business is to be conducted.
(7) 
A true and complete copy of any lease associated with the premises.
(8) 
If the applicant is a corporation, the applicant shall provide certified copies of the Articles of Incorporation and Bylaws, along with the name and residence addresses of each of its current officers and directors, stockholders holding more than 5% of the stock of that corporation, and its registered agent for receipt of process.
(9) 
If the applicant is a partnership, the applicant shall provide the names and residence address of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the county clerk. If one or more partners is a corporation, the provisions of this subsection pertaining to corporate applicants shall apply to the corporate partner.
(c) 
Such other identification and information necessary to discover the truth of matters hereinbefore specified as required to be set forth in the application.
(d) 
A separately signed waiver and release authorizing the city and its authorized agents, and employees to obtain information and to conduct an investigation into the truth of the statements made on the application.
(e) 
A signed statement that the owner/applicant shall be responsible for the conduct of all employees or independent contractors working on the premises of the business and that failure to comply with California Business and Professions Code Section 4600 et seq., with any local, state, or federal law, or with the provisions of this chapter may result in the suspension or revocation of the certificate of registration.
(f) 
Payment of All Appropriate Fees. A registration fee, if applicable, shall be set by resolution of the city council and shall be required only for background check for those applicants of a certified massage business who are not state certified and own 5% or more of the certified massage business. A registration fee shall not be charged to certified applicants.
(Ord. 1894 § 2, (2013); Ord. 1918 § 1, (2015); Ord. 1997 § 3, (2021))
Registration with the city is required in order to conduct a massage business. Initial registration shall be for a period of two years, subject to renewal as described below.
(a) 
The police department shall issue a certificate of registration to any certified sole proprietorship that demonstrates all of the following:
(1) 
That the operation, as proposed by the applicant, if permitted, complies with all applicable laws, including, but not limited to, the city's building, zoning, business license, and health regulations. If a fixed location for the massage business is proposed, no registration certificate shall be granted for a new massage establishment opening within 300 feet of an existing massage establishment. (Registered massage establishments in existence as of the effective date of the ordinance codified in this chapter that are in compliance with the provisions of this chapter are permitted to remain in their current locations, subject to all otherwise-applicable restrictions.)
(2) 
The owner is the only person employed or used by that business to provide massage services.
(3) 
The owner holds a valid and current state certificate issued pursuant to Chapter 10.5 of the California Business and Professions Code and that the owner/applicant is the same person to whom the CAMTC issued a valid and current state certificate and identification card.
(4) 
That the applicant has not made a material misrepresentation in this application or with respect to any other document or information required by the city with respect to this application or for an application for a city massage permit under applicable law within the last 10 years.
(b) 
The police department shall issue a certificate of registration to a certified massage business that demonstrates all of the following:
(1) 
That the operation, as proposed by the applicant, if permitted, complies with all applicable laws, including, but not limited to, the city's building, zoning, business license, and health regulations. If a fixed location for the massage business is proposed, no registration certificate shall be granted for a new massage establishment opening within 300 feet of an existing massage establishment. (Registered massage establishments in existence as of the effective date of the ordinance codified in this chapter that are in compliance with the provisions of this chapter are permitted to remain in their current locations, subject to all otherwise-applicable restrictions.)
(2) 
The owner holds a valid and current state certificate issued pursuant to Chapter 10.5 of the California Business and Professions Code and that the owner/applicant is the same person to whom the CAMTC issued a valid and current state certificate and identification card.
(3) 
The massage business employs or uses only state certified massage practitioners whose certifications are valid and current and that owners of the state certificates are the same persons to whom CAMTC issued valid and current identification cards.
(4) 
That the applicant has not made a material misrepresentation in this application or with respect to any other document or information required by the city with respect to this application or for an application for a city massage permit under applicable law within the last five years.
(5) 
That the background check for any applicant/owner authorized by this chapter shows that such person has not been required to register under the provisions of Section 290 of the California Penal Code; within five years preceding the application had a conviction in court of competent jurisdiction for any of the crimes identified in Section 6.39.040(a)(2) of this chapter; has not had an individual or business permit or license with any agency, board, city, county, territory, or state, denied, revoked, restricted, or suspended within the last five years; and has not been subject to an injunction for nuisance under Penal Code Sections 11225 through 11235 within the last five years.
(Ord. 1894 § 2, (2013); Ord. 1918 § 1, (2015); Ord. 1997 § 3, (2021))
If registration or renewal is denied, applicant has 13 calendar days from the date of mailing the denial notice within which to appeal by filing a written application for a public hearing with the clerk of the city. The written appeal application must state the grounds on which the applicant objects to the denial of the registration or renewal. Notice and a public hearing shall be given as follows:
(a) 
Upon receipt of the appeal, the city clerk shall set the matter for hearing before a hearing officer, as designated by the city manager, who may be an independent hearing officer retained by the city or a city department head other than the city attorney or chief of police, as soon as is practicable and shall give written notice of the hearing to the applicant at the applicant's address set forth in the appeal by first class mail at least 30 days prior to the hearing date, unless an earlier date is set by mutual agreement of the city and appellant. The date for the appeal hearing may be modified upon the request of the applicant or upon consultation and agreement between the applicant and the city. The appeal hearing shall be public, and notice of the scheduled hearing shall be provided in the same manner as for appeals of decisions of the planning commission.
(b) 
On the date set, the hearing officer shall hear the matter, and may continue it from time to time before reaching a decision. The proceedings before the hearing officer shall be informal and the rules of evidence shall not apply. However, the applicant and any interested parties may present such evidence as they deem appropriate, provided it complies with any procedures set forth by the council for appeals. If the hearing officer finds that the applicant has satisfactorily met all of the requirements of this chapter, she or he shall order the issuance of the registration and business license. If she or he finds that the requirements have not been met satisfactorily, she or he shall deny the registration.
(c) 
All findings of the hearing officer shall be final and conclusive upon the applicant.
(Ord. 1894 § 2, (2013); Ord. 1918 § 1, (2015); Ord. 1967 § 1, (2019); Ord. 1997 § 3, (2021))
At the time of an initial application for an operator's permit, applicant shall also apply for and furnish the information necessary to obtain a business license as required by Chapter 6.04 of this code. No business license shall be issued until the investigation under this chapter is completed. The business license shall then be issued upon payment of the business license fee as provided in Chapter 6.04 of this code. The business license fee shall be commensurate with the business license fee charged to other professionals as established by this code.
(Ord. 1894 § 2, (2013); Ord. 1918 § 1, (2015); Ord. 1997 § 3, (2021))
The massage practitioner registration required by this chapter shall not apply to the following:
(a) 
Physicians, surgeons, chiropractors, osteopaths, acupuncturists, nurses and physical therapists, and occupational therapists duly licensed to practice in the state of California, but only when engaged in the practice for which they are so licensed and in accordance with the terms of the licensing.
(b) 
Employees of hospitals, nursing homes, sanitariums, or other health care facilities duly licensed by the state of California, but only when engaged in the scope of their employment, and only at their place of employment at the health care facility, and only within the scope of and in conformance with the state license.
(c) 
Cosmetologists or barbers who are licensed by the state of California, but only when engaged in the practice for which they are so registered and in accordance with the terms of the registration.
(d) 
Accredited elementary school, high school, or college coaches and trainers employed by a elementary, high school, or college, but only while acting within the scope of employment to the school.
(e) 
Trainers of semi-professional or professional athletic teams, but only while acting within the scope of employment to the team.
(Ord. 1894 § 2, (2013); Ord. 1918 § 1, (2015); Ord. 1997 § 3, (2021))
The issuance of a certificate under this chapter shall not entitle the registrant to engage in any business or practice which for any reason is in violation of any law or ordinance and shall not entitle the holder thereof to carry on any business or practice unless he or she has complied with all the requirements under the other ordinances of the city and all other applicable laws, nor shall it entitle the registrant to carry on any business in any building or on any premises designated in such permit in the event that such business or premises are situated in a zone or locality in which the conduct of such business is a violation of any law.
(Ord. 1894 § 2, (2013); Ord. 1918 § 1, (2015); Ord. 1997 § 3, (2021))
Where applicable state laws, as they may be amended from time to time, directly conflict with the following, the state provisions shall prevail. Otherwise, all massage establishments shall be subject to periodic inspection by the city for compliance with the following:
(a) 
A massage establishment shall post a list of services, including prices, in readily understood language in an open, public place on the premises of the establishment. No owner, operator, responsible managing employee, manager, employee, contractor, or registrant shall permit nor offer any massage services on the premises other than those posted on the list. A massage therapist for an off-premises massage business shall provide to clients and to the public upon request the list of services described in this paragraph.
(b) 
All persons shall only provide massages between the hours of 7:00 a.m. and 9:00 p.m. The hours stated here are the maximum permitted hours, actual hours may be further limited by applicable zoning or use permit restrictions. All massage activities must be completed within business hours. Patrons and visitors shall be permitted in the massage business only during hours of operation. The hours of operation shall be displayed in a conspicuous public place in the reception area and in any front window clearly visible from outside of the massage business. Massages commenced prior to 9:00 p.m. must conclude at that hour, regardless of the duration of the massage.
(c) 
No massage business shall place, publish, or distribute any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective clients that any service is available other than those services listed pursuant to this section. Nor shall any massage business employ language in the text of such advertising that would reasonably suggest to a prospective client that any service is available other than those services listed pursuant to this section.
(d) 
All employees in a massage establishment (including off-premises massage businesses) and massage practitioners shall perform their work fully clothed, be clean and wear clean outer garments whose use is restricted to the establishment. Massage practitioners shall wear CAMTC-provided identification while on the premises. If conducting an off-premises massage, the practitioner must show their CAMTC-provided identification to the patron prior to conducting any massage activity. Doors to dressing rooms, bathing rooms, and treatment rooms shall open inward, and shall not be locked. Draw drapes, curtain enclosures, or accordion-pleated closures are acceptable on all inner dressing and treatment rooms in lieu of doors.
(e) 
All establishments shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in closed, sanitary cabinets. Heavy white paper may be substituted for sheets provided that such paper is used only once for each person and then discarded into a sanitary receptacle. Sanitary approved receptacles shall be provided for the storage of all soiled linens.
(f) 
At least one entrance door allowing access to the establishment and any building it may be in, shall remain unlocked during business hours; notwithstanding this provision, the facility shall also comply with exiting and entrance requirements of other applicable laws and regulations. Where there is only one employee or a sole proprietor on site, entrance doors may be locked. All premises and facilities shall be maintained in a clean and sanitary condition, and shall be thoroughly cleaned each day of operation. The premises and facilities shall meet all code requirements of the city as to safety of the structure.
(g) 
Minimum lighting shall be at least one sixty (60) watt light in each enclosure where massage services are performed. The light switch for the interior lights in such enclosure will be within the enclosure. There shall be no light in the enclosure that is operated from outside the enclosure. There shall be no sound device (i.e., buzzer or bell) than can be operated from outside the massage enclosure.
(h) 
Secure dressing and locker facilities shall be provided for patrons. Security deposit facilities for the protection of valuables of the patrons shall also be available.
(i) 
No massage building located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or darkens the view into the premises.
(j) 
Each massage establishment shall keep a written record of the date and hour of each treatment; the name of the massage therapist administering the treatment; and the type of treatment administered recorded on a patron release form. Such written record shall be open to inspection only by officials charged with the enforcement of this chapter and for no other purpose. Such records will be kept on the premises of the massage establishment for a period of two years from the date of service. In the case of an off-premises massage business, the permittee shall maintain the above specified records at the business address provided by the permittee on the business permit application.
(k) 
All establishments shall comply with the following minimum standards of conduct:
(1) 
No employee, contractor, or massage practitioner shall make any intentional, occasional, or repetitive contact with the mouth, genitals, anus, or breasts of another person in the massage establishment or while providing massage services.
(2) 
No person afflicted with an infection or parasitic infestation transmissible to a patron shall knowingly massage a patron, or remain on the premises of a certified massage business while so infected or infested.
(3) 
All persons on the massage establishment premises must be clothed in non-transparent clothing at all times that shall not expose their genitals, pubic area, or buttocks, or for any operator of a massage business to allow prohibited dress. Massage clients currently receiving a massage shall have appropriate draping to cover female breasts and genital and pubic areas.
(Ord. 1894 § 2, (2013); Ord. 1918 § 1, (2015); Ord. 1997 § 3, (2021))
No person registered pursuant to this chapter shall begin operations until a recognizable and legible sign has been posted at the main entrance to the business premises. All certificates of registration and shall be posted within the establishment in a location immediately available for inspection for representatives of the city. No person granted a registration pursuant to this chapter shall operate under any other name or at any other location than that specified in the certificate of registration, except that off-premises massage businesses may operate at other locations within the city subject to the regulations in this chapter. All signs must be in compliance with applicable sign ordinances.
(Ord. 1894 § 2, (2013); Ord. 1918 § 1, (2015); Ord. 1997 § 3, (2021))
The investigating officials of the city, including the health officer, shall have the right to enter the premises from time to time during regular business hours for the purpose of making reasonable inspections to observe and enforce compliance with the provisions of this chapter and building, fire, electrical, plumbing or health regulations.
(Ord. 1894 § 2, (2013); Ord. 1918 § 1, (2015); Ord. 1997 § 3, (2021))
(a) 
Certificates of registration may be suspended or revoked or renewal may be denied upon any of the following grounds:
(1) 
A practitioner is no longer in possession of current and valid CAMTC certification. This subsection shall apply to a sole proprietor or a person employed or used by a massage business to provide massage.
(2) 
An owner or sole proprietor: is required to register under the provisions of California Penal Code Section 290 (sex offender registration); is convicted of California Penal Code Section 266i (pandering), 315 (keeping or residing in a house of ill-fame), 316 (keeping disorderly house), 318 (prevailing upon person to visit a place for prostitution), 647(b) (engaging in or soliciting prostitution), 653.22 (loitering with intent to commit prostitution), 653.23 (supervision of prostitute); has a business permit or license denied, revoked, restricted, or suspended by any agency, board, city, county, territory, or state; is subject to an injunction for nuisance pursuant to California Penal Code Sections 11225 through 11235 (red light abatement); is convicted of a felony offense involving the sale of a controlled substance; is convicted of any crime involving dishonesty, fraud, deceit, violence, or moral turpitude; or is convicted in any other state of an offense which, if committed in this state, would have been punishable as one or more referenced offenses in this subdivision.
(3) 
The city determines that a material misrepresentation was included on the application for a certificate of registration or renewal.
(4) 
Violations of any of the following occurred on the premises of a massage business, during an off-premises massage, or were committed by a practitioner: California Business and Professions Code Section 4600 et seq.; any local, state, or federal law; or the provisions of this chapter.
(b) 
Prior to the suspension or revocation or refusal of renewal of any permit issued under this chapter, the registrant shall be entitled to a hearing before the city manager or the manager's designated representative, at which time evidence will be received for the purpose of determining whether or not the registration shall be suspended or revoked or renewal refused or whether the registration may be retained. In the event the registration is suspended or revoked or renewal refused, the notification of the reasons for such suspension or revocation shall be set forth in writing and sent to the registrant by means of first class mail. The manager may impose conditions or restrictions on the registration in lieu of suspension or revocation to attempt to eliminate violations or nuisances that have been found.
(c) 
In the event of suspension or revocation of any registration, the registrant may appeal to the city council in the manner as provided in Section 6.39.070.
(Ord. 1894 § 2, (2013); Ord. 1918 § 1, (2015); Ord. 1997 § 3, (2021))
Upon sale, transfer or relocation of a massage establishment, the registration shall not be transferable without the written approval of the chief of police and the finance director. An application for such a change shall be accompanied by a nonrefundable filing and investigation fee as established by resolution adopted by the city council from time to time and provide all of the information required in Section 6.39.050.
(Ord. 1894 § 2, (2013); Ord. 1918 § 1, (2015); Ord. 1997 § 3, (2021))
All persons registered pursuant to this chapter shall report immediately to the city finance department and the police department all changes of residence or business address or change of ownership of the establishment or service. Failure to give such notice within 15 days of the event shall render the registration null and void.
(Ord. 1894 § 2, (2013); Ord. 1918 § 1, (2015); Ord. 1997 § 3, (2021))
A registration certificate issued under this section shall be valid for two years from the date of issuance. Sixty days prior to the expiration of a current registration certificate, the certificate holder must submit a renewal request to the police department, updating any information from the last submission. If the police department is unable to make a determination on the renewal request within the remaining term of the certificate, the certificate shall not expire while the police department is in the process of evaluating the request.
If an application for renewal of a city registration certificate and all required information is not timely received and the certificate expires, no right or privilege to provide massage shall exist.
(Ord. 1894 § 2, (2013); Ord. 1918 § 1, (2015); Ord. 1997 § 3, (2021))
The remedies provided for in this chapter are cumulative and are in addition to existing enforcement mechanisms, including those provided in Title 1 of this code and those available under applicable state and federal law.
(Ord. 1918 § 1, (2015); Ord. 1997 § 3, (2021))