This chapter may be cited as the "Lemon Grove Massage Therapy Business License Ordinance."
(Ord. 464 § 2, 2023)
Note: Prior history: Prior code §§ 66.501—66.523; Ord. 51 and Ord. 424.
The purpose of this chapter is to implement local regulatory requirements, within the authority of the city of Lemon Grove, under the general laws of the state of California, to the fullest extent that local zoning, business licensing, police power and reasonable health and safety regulations are allowed in order to protect the public health, safety and welfare and prevent the facilitation of human trafficking and prostitution.
(Ord. 464 § 2, 2023)
This chapter shall be construed liberally in order to effectuate its purposes. Unless otherwise specifically prescribed in this chapter the following provisions shall govern its interpretation and construction:
A.
When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number.
B.
All references herein, as applied to natural persons, shall be considered gender neutral.
C.
Any right or power conferred or duty imposed upon any officer, employee, department or board of the city is subject to transfer by operation of law to any other officer, employee, department or board of the city. Any officer or enforcement person referenced herein shall have the authority to delegate enforcement duties in the manner allowed by procedures established by the city manager or designee.
D.
No license or permit holder shall have any recourse whatsoever against the city for any loss, cost, expense or damage arising out of any provision or requirement of this chapter or the enforcement thereof.
E.
This chapter does not relieve any license or permit holder of any requirement of any ordinance, rule, regulation or specification of city or other regulatory body. This chapter does not limit applicable health and safety laws or regulations established by the county of San Diego or the state of California. All regulations of this chapter, unless otherwise stated, apply to existing massage establishments within the city.
F.
This chapter, to the extent that it retains requirements established prior to January 1, 2010 related to the professionally recognized scope of practice of healing arts professionals licensed under California Business and Professions Code Section 500 et seq., shall remain in full force and effect.
(Ord. 464 § 2, 2023)
Any rules and regulations included in the Massage Therapy Act under California Business and Professions Code Section 4600, et seq., which impose restrictions greater than those imposed by this chapter are adopted and shall be applicable to the city, the violation of which are subject to enforcement by the departments, officers, employees and agents of the city in the same manner as provided for in Chapter 1.12 of this municipal code.
(Ord. 464 § 2, 2023)
For the purposes of this chapter, the words or phrases set forth in this section shall have the following meanings:
means the building inspection component of the Lemon Grove development services department.
means a valid certificate issued by the California Massage Therapy Council pursuant to the California Massage Therapy Act (California Business and Professions Code Section 4600 et seq.).
means the city of Lemon Grove, California.
means the California Massage Therapy Council created by the California Legislature pursuant to the California Massage Therapy Act (California Business and Professions Code Section 4600 et seq.), as amended.
means the county of San Diego, a political subdivision of the state of California.
means a lawfully operating massage establishment that was conducting business prior to January 4, 2024.
means the department of public health of the county.
means a massage therapist or massage practitioner who is not an employee of a massage establishment, but practices at the massage establishment as defined in applicable state law.
means the business license to operate a massage therapy business as required by this chapter.
means the scientific manipulation of soft tissues or any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the body with the 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 preparations commonly used in this practice. "Massage" expressly does not include the touching of "specified anatomical areas," as that term is defined in this Chapter. For the purpose of this chapter, "massage" and "bodywork" shall have the same meaning.
means any establishment having a fixed place of business where massage services are supportive, incidental, and customarily associated with the principal, permitted land use, and the area where the massage occurs covers less than twenty percent of the gross floor area of the principal use. All persons performing massage shall possess a current, valid and authentic certificate issued by the California Massage Therapy Council. Massage accessory use shall not be classified as a massage establishment and shall not be required to obtain a massage establishment license under this chapter, but shall be subject to all other applicable provisions of this chapter.
means a fixed location where massage is performed for compensation, excluding those locations where massage is only provided on an out-call basis.
means a person who is certified by the California Massage Therapy Council pursuant to California Business and Professions Code Section 4604.2 and who administers massage for compensation.
means any person who supervises, manages, directs, organizes, controls, or in any other way is responsible for or in charge of the daily operations, conduct or activities of a massage establishment.
means the act of performing massage at any location other than an approved, fixed place of business or the massage therapist's own residence where the massage therapist travels to the location of the client to provide services. For purposes of this definition, the term "off-premises massage" or any other terms used with the massage industry shall have the same meaning.
means any of the following:
The sole practitioner of a sole proprietorship that owns a massage establishment;
Any general partner of a general or limited partnership that owns a massage establishment;
Any person who has five percent or greater ownership interest in a corporation that owns a massage establishment;
Any person who is a member of a limited liability company that owns a massage establishment;
All persons who own any other type of business entity that owns a massage establishment; or
Any person identified as an owner on a massage establishment license or any other license, permit, or entitlement issued by the city to operate a massage establishment.
means the business license permit to engage in the massage establishment regulated by this chapter.
means 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 certificate issued in accordance with the California Massage Therapy Act, and has no other employees or independent contractors.
means any of the following areas of the human body: pubic region, human genitals, perineum, anal region, and the areas of the female breasts that include the areola and the nipple.
(Ord. 464 § 2, 2023)
A.
It is unlawful for any person to perform a massage for compensation without a valid massage practitioner certification issued by the California Massage Therapy Council pursuant to Chapter 10.5 of the California Business and Professions Code.
B.
A massage practitioner certification does not authorize the operation of a massage establishment. Any person who desires to operate a massage establishment must apply separately to the city for a business license.
C.
It is unlawful for any massage establishment to operate within the jurisdiction of the city, unless all persons utilized by the massage establishment to perform massage, whether full-time, part-time or temporary status, as an employee, sole practitioner, independent contractor, or otherwise, possess a current, valid certification issued by the California Massage Therapy Council pursuant to chapter 10.5 of the California Business and Professions Code.
(Ord. 464 § 2, 2023)
B.
Massage establishments are only permitted within General Commercial (C-G) zones, subject to the granting of a minor use permit pursuant to Section 17.28.052 Massage establishments shall not be permitted in any other zones within the jurisdiction of the city.
C.
A massage establishment shall be located no fewer than one thousand feet from another massage establishment existing as of January 4, 2024, as measured in a straight line, without regard to intervening structures, from the property line of one massage establishment to the property line of the other massage establishment. Any Existing massage establishment, which is located within one thousand feet of another existing massage establishment as of January 4, 2024, is not required to relocate but is subject to all other provisions of this chapter for the continued operation and/or transfer of ownership of the massage establishment. If any existing massage establishment desires to change locations after January 4, 2024, it will be subject to the provisions of this section as if it were a new business. This limitation shall not apply to businesses where massage is performed as massage accessory use or to outcall massage services as those terms are defined under this chapter.
D.
No more than eight massage establishments shall be allowed within the city of Lemon Grove.
E.
Existing massage establishments that do not comply with the zoning limitations imposed upon new massage establishments under this section as of January 4, 2024, shall be considered a nonconforming use. Such existing massage establishments shall be required to comply with all other applicable local, state and federal laws, ordinances, rules and regulations, including, but not limited to, this chapter and Title 17 of this municipal code.
F.
The owner, operator or manager, as those terms are defined under this, of any massage establishment or business where massage is performed as massage accessory use shall also comply with all applicable local, state and federal laws, ordinances, rules and regulations as they may be amended from time to time, including, but not limited to, California Business and Professions Code Sections 4600 et seq. (Massage Therapy Act), California Government Code Sections 51030 et seq., this Chapter and Title 17 of this municipal code.
(Ord. 464 § 2, 2023)
A.
It is unlawful for any person to engage in, conduct, carry on, or to permit to be engaged in, conducted, or carried on, in or upon any premises in the city, the operation of a massage establishment, massage outcall or operate as a sole practitioner without the business license required by this chapter.
B.
No business may advertise, or hold itself out to the public, as a massage establishment unless it meets the applicable requirements of the Lemon Grove Municipal Code including, but not limited to, Titles 17 (Zoning) and 18 (Citywide Regulations) and meet all of the requirements found under the California Massage Therapy Act, as amended.
C.
Independent contractors of massage businesses shall each obtain a business license prior to operating within the city of Lemon Grove. Each independent contractor shall possess a state certificate as a massage practitioner or massage therapist in order to be eligible to receive a business license. Any independent contractor whose state certificate has been suspended or revoked shall not be able to practice massage therapy unless and until that independent contractor receives a new certificate or a reactivated certificate.
D.
A license to operate a massage establishment within the jurisdiction of the city is subject to Title 17 (Zoning), and must comply with all of the following:
1.
The massage establishment, owners, operators, and all massage therapists who perform massage or who will perform massage at the massage establishment, as applicable, would comply with all applicable laws, including, but not limited to, the city's building, zoning, land use approvals, business license regulations; applicable county health department regulations; and all other applicable local, state and federal laws, rules and regulations.
2.
The massage establishment employs or uses only massage therapists to perform massages who possess a current and valid California Massage Therapy Council Certificate.
3.
The owners and operators of the massage establishment have provided all information, documentation, and assurances required by this chapter to the city; have not failed to reveal any fact material to qualification; and have not supplied information that is untrue or misleading as to a material fact pertaining to the qualification criteria.
4.
The owners, operators, and managers of the massage establishment have submitted a background check authorized by the city that shows such owners and operators have not been required to register under the provisions of Penal Code Section 290 (sex offender registration); have not been convicted of a violation of Penal Code Section 266(h) (pimping), 266(i) (pandering), 314 (indecent exposure), 315 (keeping or residing in a house of ill-fame for the purposes of prostitution or lewdness), 316 (keeping a disorderly house, disturbing the peace for the purposes of assignation or prostitution), 318 (prevailing upon any person to visit a place for prostitution), 647(a) (soliciting or engaging in lewd or dissolute conduct in a public place), 647(b) (soliciting or engaging in prostitution), 653.22 (loitering with intent to commit prostitution), 653.23 (supervision of prostitute), or has not pled nolo contendere or has not been convicted of a violation of any lesser related offense, including, but not limited to, Penal Code Section 415, in satisfaction of, or as a substitute for, any of the aforementioned offenses; has not been convicted of any felony drug-related offense involving the controlled substance specified in Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058; has not been convicted of any act involving theft, dishonesty, fraud, deceit or moral turpitude; has not been convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as one or more of the aforementioned offenses; has not had an individual or business permit, certificate or license with any agency, board, city, county, territory or state denied, revoked, restricted, or suspended within the last ten years; and has not been subject to an injunction for nuisance under Penal Code Sections 11225 through 11235 (red light abatement) within the last ten years. This background check requirement shall only apply to those who become an owner or operator of a massage establishment after January 4, 2024.
The city may deny an application for a massage establishment license or renewal application, as applicable, within the jurisdiction of the city to any massage establishment that fails to demonstrate the foregoing requirements and/or for any reason specified under any applicable provision of this municipal code. |
Existing massage establishments are granted a grace period to March 4, 2024 in which comply with the background check requirements this section. Failure to comply with the background check requirements by March 4, 2024 will subject the owner or operator to the enforcement provisions of this chapter. |
An applicant who is denied a business license may request a hearing under Chapter 5.08 (Uniform Permit Procedures). Failure to have a valid certificate issued by the California Massage Therapy Council shall be grounds for denial of a business license. Upon suspension or revocation of any certificate by the state council, the certificate holder shall also be prohibited from practicing under any validly issued business license until reinstated as a certificate holder by the California Massage Therapy Council under the California Massage Therapy Act, as amended. |
E.
An annual renewal application shall be required for massage establishment licenses. Renewal applications shall be filed on a form provided by the city, shall be signed and submitted under penalty of perjury, and shall include updated information to the information required under this section when there is any personnel change to ensure that the city has current information on file at all times relating to the massage establishment, the owners, operators, and all persons who perform massage or who will perform massage at the massage establishment.
F.
A massage establishment license issued by the city pursuant to this chapter shall not be transferred, sold, or assigned to any other person or entity, except with the prior written approval of the city. A written request for such transfer shall contain the same information for the new ownership as is required on any application for a new massage establishment license issued under this chapter. No massage establishment license that is revoked or suspended by the city pursuant to this chapter or any other provision of this municipal code shall be transferred to any other person or entity for a period of five years from the date of such revocation or suspension. Any such transfer, sale, or assignment, or attempted transfer, sale or assignment of a massage establishment license in violation of this chapter is hereby declared invalid and the license shall become void effective on the date of such transfer, sale, or assignment, or attempted transfer, sale, or assignment.
G.
A change of location of a licensed massage establishment may be approved by the city provided the massage establishment is in compliance with all applicable provisions of this chapter and all local laws, rules, and regulations, and subject to all applicable provisions of this municipal code.
(Ord. 464 § 2, 2023)
A.
The application for a license to operate a massage establishment shall set forth the proposed place of business and facilities therefor, and the name and address of each applicant and whether it will operate using independent contractors as massage practitioners and/or massage therapists. Each independent contractor shall be required to obtain a business license to practice massage therapy at a business in the city of Lemon Grove.
B.
In addition to the foregoing, any applicant for either a massage establishment or outcall massage license shall furnish the following information, which must be updated when there is any personnel change to ensure the city has current information on file at all times relating to the massage establishment, the owners, operators, massage practitioners, and massage therapists:
1.
Proof of a valid and active certificate to practice as a massage practitioner or massage therapist in the state of California;
2.
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, and directors;
3.
Any business entity, regardless of form, that has independent contractors who operate as massage practitioners or massage therapists within the city shall submit a list of independent contractors that work with the business entity within thirty days of contracting with the independent contractor to practice in Lemon Grove or operate from the business location within the city;
4.
An independent contractor shall list the location(s) of businesses where the independent contractor practices massage therapy in the city of Lemon Grove;
5.
Legal name, address, and telephone number of the real property owner of the premises at which the massage establishment will operate, and if a separate person or entity, an executed copy of the lease or rental agreement for the premises;
6.
Complete description of all services to be provided at the massage establishment;
7.
Legal name of all massage therapists who will perform massages at the massage establishment, and a copy of their current, valid and authentic California Massage Therapy Council Certificate. The legal name of any massage therapist hired after the submittal of an application must be reported to the city prior to the massage therapist performing any massage;
8.
Legal name of all owners and operators of the massage establishment;
9.
Current residential address and telephone number and current business address and telephone number of all owners and operators of the massage establishment;
10.
Current, valid, and authentic driver's license or photo identification card issued by a state or federal government agency, or other photographic identification bearing a bona fide seal by a foreign government, of all owners and operators of the massage establishment;
11.
Date of birth, gender, height, weight, hair color, and eye color of all owners and operators of the massage establishment;
12.
Signed statement by each owner and operator of the massage establishment who does not possess a current, valid and authentic California Massage Therapy Council Certificate, authorizing law enforcement to conduct a background check of that individual, and including the following: (a) any and all aliases and fictitious names used by the individual within the last five years; (b) the individual's business, occupation and employment history for the five years preceding the date of the massage establishment license application; (c) the inclusive dates of such employment history; (d) the name and address of any massage establishment or similar business owned, operated or managed by the individual; and (e) any other information as may be reasonably required the city to identify the individual and to ensure compliance with all applicable laws, rules and regulations;
13.
Signed statement by each owner and operator of the massage establishment acknowledging the following: (a) all of the information contained in the massage establishment license application is true and correct; (b) all owners and operators are familiar with the requirements of this chapter and all applicable requirements of the municipal code, and shall communicate those requirements to employees of the massage establishment, and also to patrons of the massage establishment on inquiry or as called for by specific circumstances; (c) all owners and operators are responsible for the massage establishment and the conduct of all persons who perform massages at the massage establishment, and ensuring compliance with this chapter and all applicable requirements of the Municipal Code; (d) any act or omission of any employee of the massage establishment constituting a violation of any provision of this chapter shall be deemed to be an act or omission of the owner and operator for purposes of determining whether to suspend or revoke or deny the renewal of a massage establishment license; and (e) failure to comply with the California Business and Professions Code Sections 4600 et seq., or with any local, state or federal laws, rules or regulations, and/or the provisions of this chapter may result in revocation of the massage establishment license;
14.
Copy of a current and valid public health permit to operate a massage establishment issued by the department of environmental health and/or the health and human services agency of the county of San Diego, unless deemed to be exempt from this requirement pursuant to this chapter or an applicable city or county exemption.
(Ord. 464 § 2, 2023)
To the extent they are applicable, the provisions of Title 5 (Business Taxes, Licenses, Permits and Regulations) govern the businesses authorized under this chapter.
(Ord. 464 § 2, 2023)
No person, association, partnership, or corporation may engage in, conduct or carry on, or permit to be engaged in, conducted or carried on the operation of a massage establishment unless each and all of the following requirements are met:
A.
Massage services may only be conducted, and the premises may only be open to customers, between the hours of nine a.m. and nine p.m.
B.
A list of services available and the cost of such services shall be posted in an open and conspicuous public place on the premises. The service shall be described in readily understandable language in English and may also then be described in any other language. No owner, operator, responsible managing employee, manager, permittee, or licensee in charge of or in control of the massage establishment shall permit and no massage therapist shall offer or perform, any service other than those posted.
C.
The massage establishment business license and a copy of the permit of each and every massage therapist employed by or working in the establishment must be displayed in an open and conspicuous public place on the premises. This subdivision shall not apply to outcall massage businesses.
D.
Hot and cold running water under pressure shall be provided to all washbasins, bathtubs, showers, and similar equipment. Each washbasin shall be provided with soap or detergent and sanitary towels placed in permanently installed dispensers. A trash receptacle shall be provided in each toilet room. This subdivision shall not apply to outcall massage businesses.
E.
Clean and sanitary towels, sheets and linens shall be provided for each patron receiving massage services. No common use of towels or linens shall be permitted, and reuse is prohibited unless they have been first 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.
F.
Disinfecting agents and sterilizing equipment shall be available for any instruments used in performing any massage. Instruments will be disinfected or sterilized after each use.
G.
Pads used on massage tables shall be covered in a workmanlike manner with durable, washable plastic or other waterproof material.
H.
Each establishment shall provide to all patrons clean, sanitary, and opaque coverings capable of covering the patron's specified anatomical areas. Such coverings shall be used for one customer only and shall not be reused without first being cleaned.
I.
No owner, operator, responsible managing employee, manager, or permittee in charge of or in control of a massage establishment shall permit a massage to be given unless the patron's specified anatomical areas are covered during the entire massage by the covering referred to in subsection (H).
J.
With the exception of bathrooms or dressing rooms not open to public view, no person or persons shall be permitted in any area within the massage establishment which is used in common by the patrons or which can be viewed by patrons from such an area, unless the specified anatomical areas of all persons within that area are fully covered.
K.
It is unlawful for an owner, operator, responsible managing employee, manager, permittee in charge of or in control of a massage establishment to permit any person or any massage therapist to perform any service or task while in the presence of a patron or to be on the premises of a massage establishment during its hours of operation unless the massage therapist is dressed in a manner that does not violate paragraph (10) of subdivision (a) of Section 4609 of the California Business and Professions Code.
L.
Any person performing services as a massage therapist must wear a visible California Massage Therapy Council identification card and have a copy of their driver's license or any other photo identification card issued by a state or federal agency readily available for inspection by city or county investigating officials.
M.
An owner, operator, or responsible managing employee that has been approved by the city and passed a background check must be on the business premises at all times during hours of operation of the business.
N.
For each massage service provided, every massage establishment shall keep a complete and legible written record of the following information: the date and hour that service was provided; the service received; the name or initials of the employee entering the information; and the name of the massage practitioner administering the service. Such records shall be open to inspection and copying by law enforcement or designee, or may be used by any massage practitioner or operator as records of service provided, but may not be provided to other parties by the massage practitioner or operator unless otherwise required by law. Such records shall be retained on the premises of the massage establishment for a period of two years and be immediately available for inspection during business hours.
O.
No existing massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway or parking area shall block during business hours visibility into the interior reception and or waiting areas through the use of curtains, closed blinds, tints, posters, advertisements, photos, signs or any other material that obstructs, blurs, darkens or unreasonably darkens obstructs the view into the premises. This subdivision shall not apply to outcall massage businesses. Existing massage establishments with exterior windows fronting a public street, highway, walkway, or parking area as of January 4, 2024 shall not modify such windows that substantially reduces or changes their size, shape, or square footage. No exterior windows fronting a public street, highway, walkway or parking area that existed prior to a massage establishment commencing operations after January 4, 2024 shall be modified in any way that substantially reduces or changes their size, shape, or square footage.
P.
All signs shall be in accordance with the current ordinances of the city of Lemon Grove.
(Ord. 464 § 2, 2023)
In addition to the conduct, activities, items, and/or substances prohibited by federal, state, and local laws, the following conduct is prohibited at massage establishments or in the course of providing massage services:
A.
The sale, service, or consumption of alcohol or marijuana; and
B.
Audio and/or video recording of, or monitoring of, the patron or massage therapist while providing massage services without the prior written consent of both the patron and the massage therapist; and
C.
Residing in or at the massage establishment by any person including, but not limited to, the operator, owner, responsible person, or employee of the massage establishment; and
D.
Advertising or marketing illegal activity, advertising or marketing sexual content related to massage therapy, or advertising or marketing sexual content in the promotion of the massage establishment; and
E.
Use or possession of adult-oriented merchandise, including "sex toys" and/or condoms, in any part of a massage establishment; and
F.
Any sexual activity at a massage establishment; and
G.
No owner, operator, responsible managing employee, manager, permittee, or licensee in charge of or in control of a massage establishment shall permit any person to massage or intentionally touch the specified anatomical areas of another person while performing the services of a massage therapist.
(Ord. 464 § 2, 2023)
It is unlawful for any person to engage in, conduct, carry on, or permit to be engaged in, conducted or carried on, massage, for any form of consideration, in any hotel room, motel room, guesthouse, home-sharing rental or other place of public accommodation. This section shall not be construed to prohibit:
A.
Maintaining a licensed massage establishment upon the premises of a place of public accommodation;
B.
Conducting massage services as a vendor at a festival, farmers market, or other event of limited or temporary duration; or
C.
The holder of a massage practitioner certification issued by the California Massage Therapy Council pursuant to Chapter 10.5 of the California Business and Professions Code from giving or administering massages within hospitals, convalescent centers, rest homes, offices, or the private home of a patron. For the purposes of this section, offices and private homes shall not include hotel rooms or motel rooms.
(Ord. 464 § 2, 2023)
The provisions of this chapter shall be applicable to all persons and businesses described in this chapter whether the described activities in the chapter were established before or after the effective date of this chapter. Any existing massage therapist who performs massage and any massage establishment that employs or utilizes persons to perform massage within the jurisdiction of the city, that operates with a valid and current business license issued by the city and all other necessary approvals issued prior to the effective date of any amended regulations in this chapter, and that operates in compliance with all local, state, and federal laws, ordinances, rules and regulations, must be in full compliance with this chapter no later than sixty days following the effective date of any new regulations.
(Ord. 464 § 2, 2023)
A.
All advertising to perform massage services within the jurisdiction of the city by any massage therapist or massage establishment providing massage services within the jurisdiction of the city shall include legible CAMTC certificate numbers for all massage therapists providing the advertised services as well as the massage establishment's name and city business license number as of the date the advertisement is published, printed, or otherwise first made available to the public. This requirement shall apply to any and all types of advertising, including, but not limited to, business cards, written pamphlets, flyers, posters, leaflets, online social media, online bulletin boards, and internet websites.
B.
No person, massage therapist or massage establishment shall engage in sexually suggestive advertising, including sexually suggestive photographs and language, related to massage services.
C.
No person, massage therapist or massage establishment shall place, publish or distribute, or cause to be placed, published or distributed, any advertising matter related to performing any service or act prohibited under this chapter.
(Ord. 464 § 2, 2023)
This chapter shall not apply to:
A.
Physicians, surgeons, chiropractors, osteopaths, psychiatrists, psychologists, acupuncturists, physical therapists, family counselors or other health care professionals who are licensed to practice their respective professions by the state of California or who are permitted to practice temporarily under the auspices of an associate or establishment duly licensed by the state of California, pursuant to the Business and Professions Code;
B.
Nurses and other health care professionals who are registered or licensed under the laws of this state and administer a massage in the normal course of professional health care duties;
C.
A trainer of any duly constituted athletic team or athlete who administers massage in the normal course of training duties to the team or athlete;
D.
Barbers, cosmetologists, and estheticians duly licensed under the laws of the state who administer a massage incidental to a barber or beauty service provided in the normal performance of their profession. This exemption shall apply only if massage is provided from a fixed and permanent location of business;
E.
Therapeutic massage administered in or under the auspices of any health facility, hospital or other establishment licensed under California statutes in which the above-described persons practice their respective professions, provided the massages are given only by exempt individuals or persons acting under their supervision;
F.
Any bona fide athletic club which offers tennis, racquetball, swimming or other sport activities and possesses a sauna or steam room. Massage shall only be administered to members of the athletic club by persons who are exempt under this section.
(Ord. 464 § 2, 2023)
The city, county, or any investigating official shall have the right to enter the premises of the massage establishment from time to time during regular business hours, with or without advance notice, to conduct reasonable inspections to enforce compliance with this chapter and with building, fire, electrical, plumbing, and/or state and local health and safety regulations.
No person shall refuse to permit or interfere with a lawful inspection of any portion of the massage establishment by city or county investigating officials.
(Ord. 464 § 2, 2023)
Any massage establishment operated, conducted, or maintained contrary to the provisions of this chapter and/or state and federal laws shall be and the same is hereby declared to be unlawful and a public nuisance. The city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal, or enjoinment thereof, in any manner provided by law.
(Ord. 464 § 2, 2023)
A.
Every person, except those persons who are specifically exempted by this chapter, whether acting as an individual, owner, employee of the owner, operator or employee of the operator, or whether acting as a mere helper or agent for the owner, employee or operator, or acting as a participant or worker in any way, who gives massages or conducts a massage establishment or practices the giving or administering of any of the services defined in Section 8.20.050 without first obtaining the necessary permit or license shall be guilty of a misdemeanor and/or infraction as determined by the city attorney.
B.
Any owner, operator, manager, or person in charge or in control of a massage establishment who knowingly employs a person performing as a massage practitioner or massage therapist, as defined in this chapter, who is not in possession of a valid, unrevoked permit, or who allows such massage therapist to perform, operate or practice within such place of business, is guilty of a misdemeanor and/or infraction as determined by the city attorney.
C.
Any owner, operator, or manager shall require that all employees and independent contractors possess a valid certificate to practice as a massage practitioner or massage therapist. Any business found to be operating with an employee or independent contractor who does not possess a valid state certificate shall be in violation of the requirements of this chapter.
D.
Enforcement of the provisions of this chapter shall be governed by the procedures established under Title 1 (General Provisions) of the Lemon Grove Municipal Code. All remedies listed therein are cumulative, in addition to any other remedies available under the general laws of the state, may be utilized to remedy violations of this municipal code. Upon any finding (administrative or legal) that any person is practicing massage therapy without a valid license from the city of Lemon Grove or the state of California, the massage establishment or sole practitioner shall lose their business license granted hereunder subject to the applicable appeal process.
(Ord. 464 § 2, 2023)