[Ord. 1453, 12-7-2005]
(A) 
The City Council finds that massage therapy is an integral component of the scope of services sought by residents and tourists when visiting the Coachella Valley.
(B) 
The City Council finds and determines that licensing standards pertaining to massage therapy business activities are necessary to protect the public health and safety and the personal safety of massage therapists.
[Ord. 1453, 12-7-2005]
(A) 
The purpose of this chapter is to ensure the protection of the public health and safety and the personal safety of massage therapists through the establishment of certain massage establishments and therapist permit and licensing standards pertaining to massage therapy business activities within the Coachella Valley and to recognize massage therapy as a legitimate business occupation and health enhancement service.
(B) 
Nothing in this chapter is intended to permit any use, conduct, and/or activity that violate any federal, state or local law or regulation.
[Ord. 1453, 12-7-2005]
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT
The individual seeking a permit pursuant to this chapter.
BATH
Any place offering steam baths, electric light baths, electric tub baths, shower baths, sponge baths, sunbaths, mineral baths, vapor baths, Russian, Swedish or Turkish baths or any other type of baths, fomentations, alcohol rubs or any other types of rubs or giving salt glows or any type of therapy; or any public bathing place which has in connection therewith a steam room, dry hot room, plunge, shower bath or sleeping accommodations. Excludes a massage therapy establishment, as defined below, that provides only shower(s).
CERTIFIED COPY
A copy of a document that is certified by the issuer as being a true and accurate copy of the original document or a similar document bearing an original signature of the issuer.
CERTIFIED STATEMENT
A written assertion, claim, or declaration bearing the original signature of the issuer.
CITY MANAGER
The City Manager or his or her designated representative.
COACHELLA VALLEY MODEL MASSAGE ORDINANCE
Sections 115.45 through and including 115.64 of this chapter, as adopted by this or any other jurisdiction within the Coachella Valley.
COMMUNICABLE DISEASE
Tuberculosis, or any disease, which may be transmitted from a massage therapist to a patron through normal physical contact during the performance of any massage service.
COMPLETE APPLICATION
An application, which provides all of the requisite information required of an applicant pursuant to this chapter.
CONVICTION
A conviction shall mean a guilty plea or verdict, or a plea of nolo contendere upon a criminal charge, excluding minor traffic violations.
DISQUALIFYING CONDUCT
Any of the following when occurring within five years of any application made pursuant to this chapter:
(1) 
Pimping or pandering as set forth in Cal. Penal Code § 266h or § 266i respectively;
(2) 
Keeping or residing in a house of ill-fame as set forth in Cal. Penal Code § 315;
(3) 
Keeping a house for the purpose of assignation or prostitution, or other disorderly house as set forth in Cal. Penal Code § 316;
(4) 
Prevailing upon a person to visit a place of illegal gambling or prostitution as set forth in Cal. Penal Code § 318;
(5) 
Lewd conduct as set forth in Cal. Penal Code § 647, subdivision (a);
(6) 
Prostitution activities as set forth in Cal. Penal Code § 647, subdivision (b);
(7) 
Any offense committed in any other state which, if committed or attempted in this state, would have been punishable as one or more of the offenses set forth in Cal. Penal Code §§ 266h, 266i, 315, 316, 318, or 647, subdivisions (a) or (b);
(8) 
Any felony offense involving the sale of any controlled substance specified in Cal. Health and Safety Code §§ 11054,11055,11056,11057, or 11058;
(9) 
Any offense committed in any other state which, if committed or attempted in this state, would have been punishable as a felony offense involving the sale of any controlled substance specified in Cal. Health and Safety Code §§ 11054, 11055, 11056, 11057, or 11058;
(10) 
Any misdemeanor or felony offense which relates directly to the practice of massage therapy, whether as a massage therapy business owner or operator, or as a massage therapist; or
(11) 
Any felony the commission of which occurred on the premises of a massage therapy establishment.
EMPLOYEE
Any person over 18 years of age, other than a massage therapist, who renders any service in connection with the operation of a massage business and receives compensation from the operator of the business or patrons.
EXPOSES TO PUBLIC VIEW
To expose something or someone to the view of a person outside the building where the commercial business is located.
FILING DATE OF APPLICATION
The date on which the Permit Administrator determines that a complete application pursuant to this chapter has been submitted to the Permit Administrator by the applicant.
MANAGER
The individual who is responsible for the management and/or supervision of a massage therapy establishment.
MASSAGE or MASSAGE THERAPY
Any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliances, with or without supplementary aids such as creams, ointments, or other similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity. "Massage" and "massage therapy" shall include such manipulation of the body or similar procedures described in this paragraph that are performed in hydrotherapy, spa or similar facilities.
MASSAGE THERAPIST
An individual who, for any consideration whatsoever, performs or offers to perform a massage.
MASSAGE THERAPIST PERMIT
A permit issued to a massage therapist as required by this chapter.
MASSAGE THERAPY ESTABLISHMENT
Any establishment having a fixed place of business for the purpose of deriving income or compensation, in whole or in part, from massage therapy, whether or not massage is performed on the premises.
MASSAGE THERAPY ESTABLISHMENT PERMIT
The permit to operate a massage therapy establishment as required by this chapter.
MINOR
An individual under the age of 18 years.
NUDITY
Means any of the following:
(1) 
The appearance or display of an anus, male or female genitalia, pubic region, or a female breast below a point immediately above the top of the areola, or
(2) 
A state of undress, which less than completely and opaquely covers an anus, male or female genital, pubic region or a female breast below a point immediately above the top of the areola.
OPERATOR
Any person who has an ownership and/or management interest in the massage therapy establishment or is responsible for any aspect of its day-to-day operations.
OFF-PREMISES MASSAGE
A massage performed by a permitted massage therapist for compensation at a location that is not permitted by the city to operate as a massage therapy establishment.
OUTCALL MASSAGE SERVICE
Any business, the function of which is to engage in or carry on massages at a location designated by the customer or client rather than at a "massage therapy establishment" as defined in this section.
ORIGINAL PERMIT
A massage therapist permit issued by the city without regard to whether or not the applicant holds a massage therapist permit issued by another jurisdiction.
PATRON
Any person who receives a massage in exchange for any form of consideration including, but not limited to, the payment of money. Patrons may also be referred to as "clients" or "customers".
PERMIT
The written permission by the city to engage in the practice of massage for compensation or to own and operate a massage therapy establishment, as required by this chapter.
PERMIT ADMINISTRATOR
The designated official responsible for issuing, revoking and otherwise administering any provision of this chapter.
PERMITTEE
The person to whom a permit has been issued pursuant to this chapter.
PERSON
Any individual, firm, association, partnership, corporation, joint venture, combination of individuals, or any other legal entity.
PHYSICIAN'S CERTIFICATE
A certified statement from a physician licensed to practice medicine in the United States that provides that the applicant has been, within 60 days prior to the filing date of the application, examined by said physician and it has been determined that the applicant is free of any communicable disease, as defined in this chapter.
POLICE CHIEF
The Chief of the Police Department of the city, or his or her designated representative.
RECIPROCAL PERMIT
A permit issued by the city based solely on the fact that the applicant holds a valid massage therapist permit issued by another jurisdiction pursuant to this chapter.
RECOGNIZED SCHOOL OF MASSAGE
Any school or educational institution licensed or approved by the state in which it is located, whose purpose it is to upgrade the professionalism of massage therapists and which teaches the theory, ethics, practice, profession or work of massage and which requires a resident course of study before the student shall be furnished with a diploma or a certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning. Schools offering a correspondence course not requiring actual attendance shall not be deemed a recognized school.
SPECIFIED ANATOMICAL AREA
Human genitals, pubic region, anus, or a female breast below a point immediately above the top of the areola.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
(1) 
The fondling or other erotic touching of specified anatomical area(s);
(2) 
Sex acts, normal or perverted, actual or simulated, including, but not limited to, intercourse, oral copulation, masturbation, or sodomy; or
(3) 
Excretory functions as part of or in connection with the fondling or other erotic touching of specified anatomical area(s); sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy.
[Ord. 1453, 12-7-2005]
(A) 
No massage therapy establishment shall be established in the following locations:
(1) 
In any zone other than commercial zones;
(2) 
Within 1,000 feet of any residential zone;
(3) 
Within 800 feet of any parcel of real property on which is located any of the following uses or facilities:
(a) 
Church, defined herein as any facility used primarily for worship of any religion, or used for other religious purposes;
(b) 
City, county, state, federal or other governmental public buildings, including but not limited to, city halls, libraries, police and fire stations and post offices;
(c) 
Schools, public or private, which are defined herein as:
1. 
Institutions for teaching minor children (e.g., day schools, elementary schools, secondary schools, high schools); and
2. 
Institutions of higher learning receiving approved graduates of preparatory school and offering instructions in arts, letters and science, leading to the bachelor's degree or master's degree (e.g., colleges and universities).
(4) 
Within 1,000 feet of any other massage therapy establishment.
(B) 
The measure of reference distance in this section shall be a straight line from the nearest property line containing the massage therapy establishment to the nearest property line of an affected use, without regard to intervening structures.
[Ord. 1453, 12-7-2005]
(A) 
Any establishment not specifically permitted by the provisions of this chapter shall be prohibited until such time as this chapter may be amended to permit such establishment.
(B) 
All permitted establishments shall comply with all regulations and provisions of this chapter except as otherwise provided in this chapter. Nothing in this chapter shall be construed as permitting any activity otherwise prohibited by state or local law.
[Ord. 1453, 12-7-2005]
In addition to the requirements of this chapter governing use and minimum development standards, and all other applicable requirements set forth in this chapter, the following additional requirements shall be met by massage therapy establishments:
(A) 
The establishment shall have a separate business entrance adjacent to the required parking area and no other non-adult use shall be permitted in the same building space while used as a massage therapy establishment.
(B) 
Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the Fire Department and Building and Safety Division regulations and standards.
(C) 
All building openings, entries, windows and the like shall be located, covered or screened in such a manner as to prevent a view into the interior from outside the building.
(D) 
Lighting in parking lots. Lighting shall be required which is designed to illuminate all off-street parking areas serving such establishment for the purpose of increasing the personal safety of patrons and reducing the incident of vandalism and theft.
(E) 
Amplified sound. No loudspeakers or sound equipment shall be used by a massage therapy establishment for amplification of sound to a level discernible by the public beyond the walls of the building in which the establishment is located.
(F) 
The building entrance to the establishment shall be clearly and legibly posted by a notice indicating that minors are precluded from entering the premises.
(G) 
Establishments shall not display or exhibit any material in a manner which exposes to public view photographs or illustrations of specified sexual activities or one or more naked adults in poses which emphasize or direct the viewer's attention to the subject's genitals.
(H) 
No alcoholic beverages shall be sold or consumed at a massage therapy establishment.
[Ord. 1453, 12-7-2005]
No massage therapy establishment permit shall be issued unless an inspection by the city reveals that the establishment complies with each of the following minimum requirements:
(A) 
No massage therapy establishment shall be open for business between the hours of 12:00 a.m. and 7:00 a.m.
(B) 
A list of services available, described in readily understandable language, and the cost of such services shall be posted or distributed in a conspicuous place on the premises.
(C) 
The massage therapy establishment permit and a copy of each massage therapist permit shall be displayed in a conspicuous place on the premises.
(D) 
Maintain a record which includes the date and time of each massage, the name and address of the patron, the name of the person administering such massage, and the type of massage given. Such records shall be made available, upon request, for inspection by the City Manager or Police Chief. The information contained in such records shall be confidential.
(E) 
The premises shall have adequate equipment for disinfecting and sterilizing non-disposable instruments and materials used in administering massages. Such non-disposable instruments and materials shall be disinfected after use on each patron.
(F) 
The physical premises itself shall be open from time-to-time to periodical inspections, including, but not limited to, the Building Department and the Fire Department, to determine and insure that the provisions of this code and all codes adopted by reference are met.
(G) 
All employees, including massage therapists, shall be clean and shall wear clean, nontransparent outer garments, covering their specified anatomical areas, the use of which garments is restricted to the massage therapy establishment. A separate dressing room for each gender must be available on the premises. Each dressing room must provide individual lockers for each employee. Doors to such dressing rooms shall open inward and shall be self-closing.
(H) 
Toilet facilities shall be provided in convenient locations. When employees and patrons of different genders are on the premises at the same time, separate toilet facilities shall be provided for each gender. A single water closet per gender shall be provided for each 20 or more employees or patrons of that gender on the premises at any one time. Urinals may be substituted for water closets after one water closet has been provided. Toilets shall be designated as to the gender accommodated therein.
(I) 
Provide a minimum of one bathtub or shower facility for the patrons. However, if male and female patrons are to be served simultaneously, separate facilities for each gender or facilities that may be locked by patrons shall be provided. Where baths, as defined herein, are provided, and both genders are to be served simultaneously, separate rooms or baths shall be provided for each gender. Hot and cold running water under pressure from a potable source shall be provided to all wash basins, bathtubs, showers and similar facilities. Each water basin shall be provided with soap or detergent and single service towels placed in permanently installed dispensers. A trash receptacle shall be provided in each room where such facilities are located. In addition to the wash basin provided for patrons, a minimum of one separate wash basin shall be located within or as close as practicable to each area in which massages are administered and baths are taken.
(J) 
Maintain lighting intensity of not less than 70 foot candle power at floor level in any room or enclosure in all public rooms, hallways and within each room or enclosure where massages are administered.
(K) 
Maintain the premises and facilities in good repair and in a clean and sanitary condition. The premises shall be thoroughly cleaned at least once each day the massage therapy establishment is in operation.
(L) 
Provide clean and sanitary towels, sheets and linens for each patron. No common usage of towels, sheets and linens shall be permitted. Towels, sheets and linens shall be provided in sufficient quantity and shall not be used by more than one person unless such towels, sheets and linens have been re-laundered. Heavy white paper may be substituted for sheets; provided, however, that such paper is used only for one person and then discarded into a sanitary receptacle. Separate closed cabinets or containers shall be provided for the storage of clean and soiled towels, sheets and linens, and such cabinets or containers shall be plainly marked: "clean linen" and "soiled linen."
(M) 
Cover pad used on massage tables in a workmanlike manner with durable, washable plastic or other waterproof material.
(N) 
Unlock all exterior doors from interior side during business hours.
(O) 
Provide a separate locker for each patron to be served, which locker shall be capable of being locked and available to each patron at no extra charge.
(P) 
No massage therapy establishment granted a permit under the provisions of this chapter shall place, publish or distribute or cause to be placed, published or distributed any advertisement, picture, or statement which is known or through the exercise of reasonable care should be known to be false, deceptive or misleading in order to induce any person to purchase or utilize any professional massage services.
(Q) 
All electrical equipment shall be installed in accordance with the requirements of the city's Uniform Construction Codes.
(R) 
It shall be unlawful for any massage to be carried on within any cubicle, room, booth, or any area within a massage therapy establishment which is fitted with a door capable of being locked. All doors or doorway coverings within a massage therapy establishment shall have an unobstructed opening six inches by six inches in size capable of clear two-way viewing into and out of all cubicles, rooms, or booths. The opening shall be not less than four and one-half feet from the floor of the establishment or more than five and one-half feet from the floor. Nothing contained herein shall be construed to eliminate other requirements of statute, ordinance or municipal code concerning the maintenance of premises, or to preclude authorized inspection thereof, whenever such inspection is deemed necessary by the Police or Health Departments.
[Ord. 1453, 12-7-2005]
(A) 
It shall be unlawful for any massage therapist or any person on the premises of a massage therapy establishment to expose to any other person any "specified anatomical areas," whether his or her own, or those of another, or to perform or receive any "specified sexual activities."
(B) 
It shall be unlawful for any person owning, operating or managing a massage therapy establishment to knowingly cause, allow or permit in or about such massage therapy establishment any agent, employee or any other person under his or her control or supervision to perform such acts prohibited in division (A) of this section.
(C) 
Except as provided by this chapter with respect to off-premises massage, it shall be unlawful for any permittee under this chapter, to administer massage on an outcall basis. Such person shall administer massage solely within an establishment licensed to carry on such business under this chapter. Any violation of these provisions shall be deemed grounds for revocation of the permit granted hereunder.
[Ord. 1453, 12-7-2005]
No holder of a massage therapy establishment permit shall employ any person under 18 years of age; nor shall massage therapy services be performed on any patron, customer, or person under 18 years of age, except at the special instance and request of a parent, guardian, or other person in lawful custody of the minor upon whose behalf the massage therapist is engaged.
[Ord. 1453, 12-7-2005]
The police shall from time to time make inspections of each massage therapy establishment for the purposes of determining that the provisions of this chapter are fully complied with. It shall be unlawful for any permittee to fail to allow such inspection officer access to the premises or to hinder such officer in any manner.
The provisions of § 115.99 are to be construed as added remedies and not in conflict or derogation of any other actions or proceedings or remedies otherwise provided by law.
[Ord. 1453, 12-7-2005]
Any massage therapy establishment operated, conducted or maintained contrary to the provisions of this chapter shall be and the same is declared to be unlawful and a public nuisance, and the City Attorney may, in addition to or in lieu of prosecuting a criminal action, commence an action or proceeding, or the abatement, removal or enjoinment thereof, in the manner provided by law; and shall take such other steps and shall apply to such court 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 therapy establishment contrary to the provisions of this chapter.