This chapter shall be known as the "Massage Establishments and Providers" Ordinance.
(SCC 1304 § 18, 2005; SCC 1595 § 2, 2016; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
In enacting this chapter, the Board of Supervisors recognizes that commercial massage therapy is a professional pursuit that can offer the public valuable health and therapeutic services. However, the Board of Supervisors also finds that, unless properly regulated, the practice of massage and the operation of massage establishments may be associated with unlawful activities and pose a threat to the quality of life in the local community. Accordingly, it is the purpose and intent of this chapter to protect the public health, safety, and welfare by providing for the orderly regulation of establishments providing Massage Services; discouraging prostitution, human trafficking, and related illegal activities carried on under the guise of massage therapy; and establishing certain sanitation, health, and operational standards for massage establishments.
There has been a proliferation throughout the County of Sacramento of massage establishments and similar businesses that operate as fronts for houses of prostitution and harm legitimate massage providers by perpetuating stereotypes of the "massage parlor" as a source of illicit sexual activity.
A system of requiring regulatory licenses for all massage establishments that provide services to customers will assist in ensuring illegal activities do not occur on the premises or otherwise in connection with the massage establishment within the unincorporated area of the County. If criminal activity occurs on the massage establishment premises, or if other provisions of this chapter are violated, the licenses are subject to suspension or revocation. Violators of this chapter may also be criminally liable. These provisions will give the County both preventative and investigatory tools to control illegal activity in such massage establishments, and will promote and protect the public health, safety, and welfare.
Furthermore, it is the purpose and intent of this chapter to address the negative impacts of illicit massage establishments to reduce or prevent neighborhood blight, to protect and preserve the quality of the County neighborhoods and commercial districts, and to enhance enforcement of criminal statutes relating to the conduct of operators and employees of massage establishments.
It is the intent of the Board of Supervisors that where activity regulated under this Title is conducted in exchange for a fee or other consideration, the holder of a Massage Establishment Special Business License shall be responsible for all activity relating to such activity that occurs on or from the establishment premises and it is the intent to restrict the practice of massage in unincorporated areas of Sacramento County to persons certified to practice by the California Massage Therapy Council, unless deemed a legacy provider.
This chapter is enacted pursuant to the provisions of Section 51034 of the California Government Code.
(SCC 1304 § 18, 2005; SCC 1595 § 2, 2016; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
For purposes of this chapter, the following terms shall be ascribed the following meanings:
B. "CAMTC Certificate"
means a current and valid certificate issued by CAMTC to practice massage pursuant to BPC Code Section 4601(b) or (c) or any later enacted amendment.
C. "Director"
means the Director of Finance or their designee.
D. "Distance Separation"
means the distance between the closest property line(s) between two or more massage establishments.
E. "Employee"
means any person employed by a massage establishment who may render any service to the business, and who receives any compensation from the business.
F. "Incidental Use"
means less than 25% of the floor space is used for Massage and less than 25% of revenue from Massage Services.
G. "Legacy Provider"
means a Massage Provider, including establishment owners who personally provide Massage Services, who is not certified by the California Massage Therapy Counsel (CAMTC), and holds an active, valid, County of Sacramento Special Business License to perform Massage Services as of the effective date of this ordinance.
H. "Massage" or "Massage Services"
means any method of pressure or friction against, or stroking, kneading, rubbing, tapping, percussion, vibrating or stimulating of the external surfaces of the body with hands or with any object.
I. "Massage Establishment"
means any massage business operated, based, or that offers Massage Services within unincorporated Sacramento County, whether for pecuniary compensation or not.
J. "Out-call Massage Service"
means any Massage Establishment that provides, refers, or otherwise facilitates massage not at a fixed location for pecuniary compensation, consideration, hire, or reward.
K. "Massage Provider"
means any person who for pecuniary compensation, consideration, hire, or reward, engages in the practice of Massage.
L. "Owner" or "Owner of a Massage Establishment",
means any person or entity who has any ownership interest in a Massage Establishment. Owners are required to be the holders of the Massage Establishment Special Business License required by Section 4.36.040.
M. "Massage Manager"
means the individual possessing the requisite qualifications, as set forth in Section 4.36.015, having been duly appointed by the Owner and clearly designated in the business Massage Establishment's Registered List of Providers and Employers, as defined in Section 4.36.090(D), having the authority and responsibility to supervise employees or individuals retained to perform Massage Services and to supervise delivery of services on or from the premises of the Massage Establishment.
N. "Visitor"
means any individual not retained or employed by the Massage Establishment and not receiving or waiting to receive Massage Services but excluding law enforcement personnel or government officials performing governmental business.
O. "Agent"
means any person who is authorized to conduct, manage, employ, supervise, contract with, direct, organize, control, or in any other way carry on the operation of the Massage Establishment.
P. "Massage Establishment Special Business License"
means a valid and active special business licensed issued by the County of Sacramento, pursuant to this Chapter, authorizing massage related services.
Q. "Customer" or "Client" or "Patron"
means any individual receiving Massage Services at a Massage Establishment or from a Massage Provider.
(SCC 1304 § 18, 2005; SCC 1595 § 2, 2016; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
Any person, designated as a Massage Manager at a Massage Establishment, must meet one of the following requirements:
A.
Is the holder of an active, valid certificate from CAMTC.
B.
Is the holder of an active, valid Legacy Massage Provider Special Business License.
C.
Holds an active, valid Massage Establishment or Massage Manager Special Business License issued in accordance with section 4.36.065 of this chapter.
A Massage Establishment owner who is not CAMTC certified, as of the effective date of this ordinance, who possesses a County of Sacramento Massage Establishment Special Business License issued in accordance with this chapter that authorizes them to personally perform Massage Services, and said Special License has not been denied, revoked, suspended, or found to have been in violation of this Code during their license term, and who has not been convicted of any felony, crime of moral turpitude or any of the offenses enumerated in Section 4.36.200(B), shall be deemed and recognized as a Legacy Massage Provider. Said recognition will extend to each subsequent renewal of the Special Business License for the Massage Establishment Owner provided the continuity of the license remains uninterrupted by revocation, suspension, or lapse in its term of longer than 30 calendar days.
(SCC 1595 § 3, 2016; SCC 1747, 1/7/2025; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
Neither the provisions of this chapter nor Chapter 4.10 shall be applicable to or include the following:
A.
Hospitals, nursing homes, sanitariums, or other health care facilities duly licensed by the State of California and persons working in any such establishments.
B.
Physicians, surgeons, chiropractors, osteopaths, nurses, physical therapists, or acupuncturists, who are duly licensed to practice their respective professions in the State of California and persons working directly under the supervision of such licensed persons. "Persons working directly under the supervision" means that the individual is an employee of the licensed person, is working at the same location as the licensed person, has their work supervised by the licensed person, and that the licensed person is present in the massage room when the employee is performing Massage. This exemption shall not apply if the business performs Massage on persons for whom the licensed person does not provide professional non-massage related services.
C.
Barbers or cosmetologists lawfully carrying out their particular occupation or business, and holding a valid, unrevoked license or certificate of registration issued by the State of California, while engaging in practices within the scope of their licenses, limited solely to Massage of the neck, face, scalp, feet up to the knee, or hands up to the elbow of the client. This includes manicurists, nail technicians and estheticians licensed by the State of California as required by the Barbering and Cosmetology Act.
(SCC 1304 § 18, 2005; SCC 1595 § 4, 2016; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
No School of Massage shall use the facilities or premises of such School of Massage in connection with the operation of a Massage Establishment.
Students in training at a School of Massage may perform a Massage on a member of the general public while on the premises of a School of Massage in compliance with the following requirements:
A.
The School of Massage must be a CAMTC approved School of Massage as defined in Division 2, Chapter 10.5, of the Business and Professions Code;
B.
The student performs the Massage only under the direct supervision of an instructor employed or otherwise retained by an approved school.
D.
Students are not allowed to work, intern, extern, or provide Massage Services at a Massage Establishment.
(SCC 1304 § 18, 2005; SCC 1595 § 4, 2016; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
Violation of any of the provisions of this chapter, or any act that would constitute a violation of the provisions of Division 2, Chapter 10.5, of the Business and Professions Code, by the Owner of a Massage Establishment, the Manager of a Massage Establishment, a Massage Provider, or by any person providing Massage Services at or through a Massage Establishment, shall constitute a misdemeanor for each day or any portion thereof on which a violation occurs or continues and shall be subject to the penalties set forth in Title 1, Section 1.01.190 of the Sacramento County Code.
All Owners and Managers of a Massage Establishment shall be strictly, jointly and severally, responsible for the conduct of all Massage Establishment employees, agents, independent contractors, or other representatives while such persons are on the premises of the Massage Establishment or providing out-call services on behalf of and in connection to the Massage Establishment.
Violation of any of the provisions of this Chapter may also be remedied by injunction or other civil proceedings commenced by the County Counsel in the name of the County.
(SCC 1304 § 18, 2005; SCC 1595 § 4, 2016; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
Commencing on the effective date of the ordinance codified in this Chapter that amends the provisions of this Chapter, all Special Business Licenses issued pursuant to this Chapter, and General Business Licenses issued pursuant to Chapter 4.06 for Massage Establishments, Massage Managers, and Massage Providers shall be issued in accordance with the provisions of this chapter and Chapter 4.06.
The provisions of this chapter shall be applicable to all Massage Establishments, Massage Managers, and Massage Providers described herein whether the businesses were established before or after the effective date of the ordinance codified in this chapter.
(SCC 1304 § 18, 2005; SCC 1595 § 4, 2016; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
Except as provided in Section 4.36.035, it shall be unlawful for any person to own, operate, engage in, conduct, permit, or carry on in any way, a Massage Establishment, unless under and by authority of a valid, unexpired, unrevoked Massage Establishment Special Business License issued pursuant to the provisions of this chapter.
There shall be only one Massage Establishment Special Business License for a Massage Establishment at each location thereof that authorizes the activity of Massage, notwithstanding any other provision of this chapter or Chapter 4.02. The Owner of the Massage Establishment shall be the holder of the Massage Establishment Special Business License.
(SCC 1304 § 18, 2005; SCC 1595 § 4, 2016; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
A.
All new applications for a Massage Establishment Special Business License submitted after January 1, 2025, as the primary use as defined by the Sacramento County Zoning Code, shall meet the minimum distance separation requirements of 1,000 feet from any other licensed Massage Establishment that is not an Incidental Use and 1,000 from any sensitive use in the unincorporated areas of Sacramento County.
1.
The distance shall be measured from the nearest property line of the Massage Establishment(s).
2.
This distance separation requirement shall not apply to Massage Establishments in which the owner is the sole provider of Massage Services and no other Massage Provider may conduct services at the Massage Establishment.
a.
A Massage Establishment cannot be subleased from, or incidental to, another Massage Establishment.
B.
A "sensitive use" includes a child day care center, library, public park, church, community center, public or private school, or indoor or outdoor recreation facility that is primarily designated to serve persons under the age of 18.
(SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
All applications for Massage Establishment or Massage Manager Special Business Licenses shall be filed with the Director. The Director shall receive any fee required for the application, ensure that the application is complete; and refer the application to the Sheriff for investigation, review, and approval consistent with Section 4.36.060.
(SCC 1304 § 18, 2005; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
The application for a Massage Establishment Special Business License shall be submitted on a form and contain such information in English as is prescribed by the Director, including the following:
A.
A complete description of the type, nature, and extent of the services to be conducted and for which application is made;
B.
The address of the location from which the Massage Establishment for which application is made will be operated;
C.
The name and residential address of all Owners of the Massage Establishment for which application is made;
D.
The names of any Owner(s) of the Massage Establishment who intend to personally provide Massage Services on or from the premises of the Massage Establishment and evidence that said Owners meet the applicable requirements;
E.
If the Owner(s) of the Massage Establishment hold active, valid certificates from CAMTC, and if so, their respective certificate numbers;
F.
If the Owner of the Massage Establishment is not CAMTC certified, the following information is required: Whether any license, certificate, or permit has ever been issued to the applicant by any other jurisdiction or public agency under the provision of any ordinance or statute governing Massage; as to any such license, certificate, or permit, the effective dates of such license, certificate, or permit; whether such license, certificate, or permit was ever suspended, revoked, withdrawn, or denied; and copies of any documentary materials related to any such suspension, revocation, withdrawal, or denial;
G.
In the event the applicant is not the legal owner of the property described in Subsection (B), the application must be accompanied by a copy of a fully executed lease indicating the tenants are allowed to provide Massage Services. In the absence of a fully executed lease, the application must be accompanied by a signed, notarized statement from the property owner stating the name(s) of each tenant(s) and that the lease of the property is for Massage Services. All tenants listed on the lease or notarized statement are required to be on the Massage Establishment Special Business License;
J.
The Owner shall provide an initial Registered List of Providers and Employees pursuant to SCC 4.36.090(D) which includes the following information:
1.
The names of Providers as they appear on their Massage Special Business License and/or CAMTC certification, and the legal name(s) of all other Employees;
2.
The Massage Special Business License and/or CAMTC certificate numbers of all Providers and Employees, if applicable, as they appear on the Massage Special Business License and/or CAMTC certificate;
3.
Starting date of employment or retention of Providers and all other Employees;
4.
Employment status (i.e. employee or contractor) of all Providers and all other Employees in relation to the Massage Establishment.
K.
Such other and further information as is deemed necessary to administer the provisions of this chapter; and
L.
A valid e-mail address if the applicant agrees to accept service of Notices issued pursuant to Title 4 through electronic noticing. Any changes to the e-mail address on file must be provided to the Director, in writing, no later than five (5) business days after the change of email address.
(SCC 1304 § 18, 2005; SCC 1595 § 5, 2016; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
The application for a Massage Manager Special Business License shall be submitted on a form and contain such information in English as is prescribed by the Director, including the following:
A.
The address of the location(s) and name(s) of the Massage Establishment(s) where the applicant will be a Massage Manager.
B.
The name and residential address or mailing address of the applicant. The mailing address shall not be the address of the Massage Establishment in which the applicant is proposing to be the Massage Manager.
C.
Information as to whether any license, certificate, or permit has ever been issued to the applicant by any other jurisdiction or public agency under the provision of any ordinance or statute governing Massage including the effective date(s) of such license, certificate, or permit; whether such license, certificate, or permit was ever suspended, revoked, withdrawn, or denied; and copies of any documentation.
D.
A statement, signed and dated by the Massage Manager applicant, on a form provided by the Director, certifying that they:
1.
Have received a copy of this chapter;
2.
Understand its contents; and
3.
Understand and accept the duties and responsibilities set forth in this chapter.
4.
Understand that the Massage Manager Special Business License may be revoked if the Massage Establishment Special Business License is revoked.
5.
Understand that should the Massage Manager Special Business License be revoked, the revocation is valid for five (5) years from the date the revocation is effective.
(SCC 1759, 8/5/2025)
A.
The Sheriff's Office shall conduct such investigation of the background of every Owner of the Massage Establishment and every Massage Manager as is deemed appropriate. The Sheriff shall evaluate each application to determine whether the operation of the Massage Establishment would involve an unreasonable risk to the health, safety, or general welfare of the public. Individuals subject to this Subsection shall be fingerprinted and photographed by the Sheriff's Office. Consideration shall be given by the Sheriff's Office to the criminal record, if any, and character of the Owner or Manager of the Massage Establishment, the business responsibility of the Massage Establishment and the Owner or Manager, and the manner in which the Owner or Manager intends to conduct services at the Massage Establishment.
B.
This section shall not apply to persons certified through CAMTC and who possess an active and valid CAMTC Certificate.
(SCC 1304 § 18, 2005; SCC 1595 § 5, 2016; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
The Sheriff shall issue the Massage Establishment or Massage Manager Special Business License within ninety (90) calendar days after the date of receipt of a completed application, as determined by the Director, unless any of the following apply, in which case, the Sheriff may deny the application;
A.
The Sheriff finds in writing that the applicant failed to provide information in connection with the application;
B.
The Sheriff finds in writing that any of the material statements made in the application or any information submitted supplementary thereto is incorrect or untrue;
C.
The Sheriff finds in writing that any of the following persons has been convicted of a crime and the time for appeal has elapsed, or has committed any act involving dishonesty, fraud, or deceit with intent to substantially injure another or has violated any of the provisions of Section 4.36.200 and the Sheriff concludes that by reason of the crime or act the applicant would not conduct the Massage Establishment in a manner that complies with the law or that does not subject patrons of the Massage Establishment to risk of harm or criminal, deceitful, or, otherwise unethical practices:
1.
A general or limited partners of a partnership that possesses an ownership interest in the Massage Establishment;
2.
A joint venturer or joint venture who/that possesses an ownership interest in the Massage Establishment and if one or more of the joint venturers is a partnership or corporation, those partners, directors, or stockholders to whom the requirements of this Section would apply if the partnership or corporation were the sole Owner of the Massage Establishment;
3.
A sole proprietor when the Massage Establishment is a sole proprietorship;
4.
An owner of more than one-half of one percent of the voting shares of stock when a commercial corporation possesses an ownership interest in the Massage Establishment;
5.
A director, when either a commercial or non-profit corporation possesses an ownership interest in the establishment;
6.
A member of a management committee when a partnership or joint venture possesses an ownership interest in the Massage Establishment;
7.
A member of a governing body or other board or committee to which management is entrusted, when an unincorporated association possesses an ownership interest in the Massage Establishment;
8.
A president, general manager, vice president, chief assistant manager, secretary, treasurer, or any officer with equivalent or similar authority employed or retained by the firm possessing an ownership interest in the Massage Establishment.
9.
An applicant for a Massage Manager Special Business License.
D.
The Sheriff finds in writing that operation by the Owner(s) or Massage Manager(s) of the Massage Establishment would involve an unreasonable risk to the health, safety, or general welfare of the public. The Sheriff shall state the grounds for finding unreasonable risk to the health, safety, or general welfare of the public;
E.
The applicant for a Massage Establishment Special Business License seeks to operate a Massage Establishment at an address of a fixed location that has or had a Massage Special Business License that is or was suspended or has been revoked in the last five (5) years, or that is currently subject to suspension or revocation proceedings for a violation of any of the provisions in this chapter or Chapter 4.06, consistent with the provisions of Section 4.36.235.
F.
Notwithstanding the foregoing, an application shall not be denied solely on the basis that a person has been convicted of a felony if the person has obtained a certificate of rehabilitation under California Penal Code Section 4852.01 et seq., or, that the person has been convicted of a misdemeanor, if the person has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person when the Sheriff is considering the denial of a license under California Penal Code Section 4852.01 et seq.
(SCC 1304 § 18, 2005; SCC 1595 § 5, 2016; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
The Sheriff may issue a Massage Establishment or Massage Manager Special Business License upon such conditions relating to method or manner of operation of the Massage Establishment as the Sheriff deems necessary to adequately protect members of the public in their patronage or dealings with the Massage Establishment, to reduce the incidence, detect the commission, or identify perpetrators, of crime, or to enforce the provisions of this Code. Such conditions may be imposed at the time a Massage Establishment Special Business License is initially issued, upon renewal of the license, or at any time during the term of the license.
Any condition imposed pursuant to the provisions of this Section, whether established at the time of issuance, at the time of renewal, or during the term of a Massage Establishment or Massage Manager Special Business License, shall be embodied on the face of the Massage Establishment or Massage Manager Special Business License.
In the event that conditions are imposed pursuant to this Section upon a license at the time of its renewal or during its term, the condition(s) shall become effective fifteen (15) calendar days following the date of service of the notice thereof; provided that in the event an appeal therefrom is filed within the time and in the manner prescribed by this chapter, the condition shall not become effective until the appeal is finally determined.
In the event that conditions are imposed pursuant to this Section at the time of the initial issuance of the license, the condition(s) shall become effective immediately, provided that the license holder shall have a period of fifteen (15) calendar days from the time of the written notice, during which an appeal therefrom may be filed in the manner prescribed by this chapter. Any condition imposed upon the issuance of an initial Massage Establishment or Massage Manager Special Business License shall remain in effect until the appeal is finally determined.
If the imposition of the condition(s) is not appealed within the period stated, the imposition of the condition(s) placed on the Massage Establishment Special Business License shall become final.
(SCC 1304 § 18, 2005; SCC 1595 § 5, 2016; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
The Massage Establishment Special Business License shall contain, but not be limited to, a complete description of the Massage Establishment authorized by the license, the name of the Massage Establishment so licensed, the name of every Owner of the Massage Establishment, the address of the location of the Massage Establishment covered by the license, and any condition(s) upon which the license is issued. The license shall be conspicuously posted at the Massage Establishment in full public view.
(SCC 1304 § 18, 2005; SCC 1595 § 5, 2016; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
The Massage Manager Special Business License shall contain, but not be limited to, the name of the Massage Manager so licensed and any condition(s) upon which the license is issued. The license shall be conspicuously posted in full public view in any Massage Establishment that the Massage Manager is employed in.
(SCC 1759, 8/5/2025)
Not later than forty-five (45) calendar days prior to expiration of the term of a Massage Establishment Special Business License, the Director shall transmit to the licensee by mail or electronic means, an application for renewal. The application for renewal shall be in such form and include such information as is prescribed and required by the Director.
The application for renewal shall be filed with the Director not later than the date of expiration of the term of the immediately preceding license. The Sheriff shall perform such investigation and examination of the applicant as the Sheriff deems appropriate and as authorized by law. During the period of any investigation or examination required in order to determine whether the license should be issued, the Sheriff shall extend the term of the immediately preceding license until the determination has been made about whether the license should be issued.
The Sheriff shall act upon the application for renewal not later than thirty (30) calendar days after the date a completed application is filed. The renewed license shall be issued unless any of the following apply, in which case, the Sheriff may deny the application for renewal:
B.
The Sheriff finds in writing that the Applicant, Owner, Massage Manager, Massage Provider, or any Employee, subcontractor, or person retained by the Owner to perform Massage has violated any term, condition, requirement, or prohibition imposed by this chapter or Chapter 4.02 of Title 4 that are applicable to the license or the holder, or any administrative regulations promulgated thereunder, or any other applicable law; or
C.
The Sheriff finds in writing that one or more conditions applicable to the preceding Massage Establishment Special Business License have been violated, or that any unpaid fines or fees exist pertaining to said violations.
(SCC 1304 § 18, 2005; SCC 1595 § 5, 2016; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
A.
Hours of Operation. It shall be unlawful for any Massage Establishment to be operated or remain open for business between the hours of 10:00 p.m. and 8:00 a.m. of the following day. A Massage begun any time before 10:00 p.m. must nevertheless terminate at or before 10 p.m. The hours of operation shall be posted in a clearly visible location at or near the entrance of each Massage Establishment.
B.
List of Services. A complete list of the services available and the price of such services shall be posted in a clearly visible place at or near the entrance of each Massage Establishment. The services available shall be described in English, in readily understandable language. No Massage Establishment shall render or provide, or offer to render or provide, any service not listed in compliance with this Section.
C.
Massage Logs. Owners or Managers of Massage Establishments and Out-call Massage Services shall maintain Massage Logs, in English, on a form prescribed by the Director or in an acceptable alternative approved by the Director, which shall be available for inspection by the Director or as authorized under Section 4.36.175, at all times during regular business hours.
1.
The Massage Log shall contain a daily record of the following information:
2.
The Massage Log shall clearly identify the individual(s) appointed or designated by the Owner(s) as having the authority and responsibility to act as the Massage Manager of the Massage Establishment. In the event the Owner of the Massage Establishment is on the premises and is serving as Massage Manager of the Massage Establishment, the Massage Log shall so reflect this designation.
3.
Massage Logs shall be available for inspection during normal business hours and be retained for no less than two years. Removal of the Personnel Registers and/or Massage Logs from the Massage Establishment premises is a violation of this section.
D.
Registered List of Providers and Employees. The Owner or Manager of any Massage Establishment shall keep a current list of Massage Providers and all other Employees at all times, on a form prescribed by the Director. An initial Registered List of Providers and Employees must be submitted to the Director within thirty (30) calendar days of the effective date of this ordinance amendment, or with an initial application. An amended list shall be provided to the Director within twenty-four (24) hours prior to any addition or amendment to the Registered List of Providers and Employees, or within twenty-four (24) hours after any deletion of someone from the Registered List of Providers and Employees. There will be no fee for filing the initial or amended Registered List of Providers and Employees. No individual may provide Massage Services at the Massage Establishment unless they are included on the most recent Registered List of Providers and Employees pursuant to this subsection. The list shall contain:
1.
The legal names as they appear on the Provider's Massage Special Business License and/or CAMTC Certificate;
2.
The Provider's Massage Special Business License and/or CAMTC Certificate numbers as they appear on the Massage Special Business License and/or CAMTC Certificate, if applicable;
3.
The starting date of which the Massage Provider or employee will begin providing Massage Services at the Massage Establishment;
4.
The end date of which the Massage Provider or employee will cease providing Massage Services at the Massage Establishment;
5.
Employment status (ex. Employee or contractor). Any Registered List of Providers and Employees submitted to the County shall also be kept on the premises of the Massage Establishment and be available for inspection during normal business hours. The Registered List of Providers and Employees shall be retained for no less than two years. Removal of the Registered List of Providers and Employees from the Massage Establishment premises is a violation of this section.
E.
Employment of Minors. It shall be unlawful for the Owner of a Massage Establishment or Massage Manager to employ or retain any person who is under the age of eighteen (18) years to perform any service(s) for or on behalf of the Massage Establishment.
F.
Attire. All persons working in a Massage Establishment shall dress in a manner that does not violate Division 2, Chapter 10.5, of the Business and Professions Code.
G.
Sanitation Requirements. Massage Establishments shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens. Towels, coverings, and linens shall not be used on a client or patron unless they have first been laundered before each use. Disposable towels and coverings shall not be used on more than one client or patron. Soiled linens and paper towels shall be deposited in approved receptacles.
1.
Within Massage Establishment wet and dry heat rooms, steam or vapor rooms or cabinets, shower rooms and compartments, toilet rooms, and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the County Health Officer. Bathtubs and showers shall be thoroughly cleaned after each use with a disinfectant approved by the County Health Officer. All walls, ceilings, floors, and other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Instruments for Massage shall not be used on more than one client or patron unless they are sanitized before each use by sanitization methods approved by the County Health Officer.
H.
Massage Managers. Each Massage Establishment shall be managed at all times by a person meeting the requirements of Section 4.36.015.
2.
The appointed and esignated Massage Manager shall be clearly identified in the Massage Establishment's Registered List of Providers and Employees and Massage Logs in such a manner that the Massage Manager will be readily identifiable to County officials at the time of inspection of the Massage Establishment.
3.
The requirement for a Massage Manager shall not apply to Massage Establishments operating as sole practitioners wherein only one licensed person providing Massage Services for pecuniary compensation, consideration, hire, or reward operates alone at a Massage Establishment.
4.
Massage Managers who are not CAMTC certified, and are not designated as a Legacy Provider holing a valid and active Special Business License, shall not provide Massage Services.
I.
Massage Provider CAMTC certification or Legacy Provider Special Business License Required. It shall be unlawful for any Massage Establishment to employ or retain a person to provide services as a Massage Provider or Massage Manager, and it shall be unlawful for any person to work at or for a Massage Establishment, unless the person possesses a valid, unrevoked CAMTC Certificate.
1.
This subsection shall not apply to those Legacy Providers who are in possession of a valid, unrevoked, Special Business License as a massage Legacy Provider issued by the County of Sacramento, or to Establishment Owners, or Massage Managers who are in possession of a valid, unrevoked, Special Business License as a Massage Manager issued by the County of Sacramento pursuant to this Chapter.
a.
This subsection is not to be interpreted as to grant any Massage Manager or Establishment Owner authority to provide Massage Services.
J.
Display of Licenses and/or Certificates. Each Massage Establishment shall have on display the following Licenses and/or Certificates, in a conspicuous place within the Massage Establishment, so that they may be easily seen by any person entering the premises:
1.
The Massage Establishment Special Business License;
2.
Massage Provider Special Business License(s) for each and every person providing Massage Services at the Massage Establishment, if such license is required by this Chapter;
3.
CAMTC Certificate(s) for each and every person providing Massage Services at the Massage Establishment, if such Certificate is required by this Chapter;
4.
Massage Manager Special Business License(s) for each and every person acting as a Message Manager at the Massage Establishment, if such license is required by this Chapter;
A person engaged in an Out-call Massage Service who possesses the Massage Establishment Special Business License for said service shall also have the required licenses and/or certificates available for inspection at all times while providing Out-call Massage Services.
K.
Prohibited Massage Areas. No Massage Provider or other person shall Massage the genitals or anal area of any customer, nor shall any Massage Establishment allow or permit such massage. No Massage Provider or other person shall massage the breast tissue of a female without the written consent of the female and a written referral from a licensed California health care provider. Such written consent and referral are required to be retained by the Massage Establishment for a period of two (2) years after the Massage service has last been provided.
L.
Privacy. No person associated with the Massage Establishment shall be present in any room with another person, unless that person's genitals, gluteal cleft, and anus are fully covered.
M.
Access.
1.
All front, reception, hallway, and front exterior doors shall be unlocked during business hours, except as may be permitted by applicable law (e.g., fire codes), which may allow for safety doors that may be opened from the inside when locked.
a.
This subsection shall not apply to a Massage Establishment if the Massage Establishment is a business entity owned by one individual with one or no employees or independent contractors present at the time of the Massage service.
b.
This subsection shall not apply to exterior doors that are used solely by Owners of Massage Establishments, Employees, or persons retained by the Massage Establishment provided customers are not permitted to enter through said exterior door.
2.
Customers of the Massage Establishment shall enter and exit the Massage Establishment only through the main entry door.
3.
No Massage may be given within any cubicle, room, booth, or any area within a Massage Establishment that is fitted with a lock or a peephole of any kind, unless the only door is an exterior door of the establishment.
4.
No Owner of a Massage Establishment or any person employed or retained by a Massage Establishment shall be in any cubicle, room, booth, or any area of the Massage Establishment wherein a Massage customer is present if said cubicle, room, booth, or area of the Massage Establishment has a door that is capable of being locked, unless the only door is an exterior door, external to the establishment.
N.
Permissions of Visitors. During the hours of operation, Visitors shall not be permitted in Massage rooms, break rooms, dressing rooms, showers, or any other room or part of the Massage Establishment other than the reception and waiting areas or toilet rooms except as follows:
1.
The parents or legal guardians of a customer who is a minor child may be present in the Massage room with that minor child;
2.
The minor child of a customer may be present in the Massage room with their parent or legal guardian when necessary for the supervision of the child;
3.
The conservator, aid, or other caretaker of a customer who is elderly or disabled may be present in the Massage room with that elderly or disabled person; or
4.
Otherwise allowed or authorized by state law.
O.
Prohibition Against Residence. No person shall be permitted to reside on or within the premises of a Massage Establishment. Beds, floor mattresses, and water beds are prohibited on the premises. Evidence such as the presence of bedding, pillows, sleeping bags, suitcases, clothing, toiletries or other personal belongings, cooking appliances, utensils, or food in excess of a Massage Establishment's normal requirements may be considered when establishing that the premises is being used as a residence.
P.
Prohibition Against Warning Devices. The presence of any device that can be utilized as an early warning system to alert the Employees of a Massage Establishment to the presence of law enforcement officers or County authorities on the premises is prohibited in any Massage Establishment. Said devices may include, but are not limited to, monitors, electronic detection devices, external or internal video equipment, and alarm systems other than those used for security, fire, or as required by law. Each Massage Establishment is allowed up to one fixed security camera that must face the reception desk. In the absence of a reception desk, the camera must be located in the main entry area, lobby, or rear entrance of the Massage Establishment.
Q.
Exterior Signage. Any signage for or on a Massage Establishment must correspond to the business name on the Special and General Business License issued to that Massage Establishment.
R.
Minimum Lighting. Massage Establishments shall have a minimum lighting equivalent to at least one forty-watt light in each massage therapy room or cubicle.
S.
Advertising.
1.
A Massage Establishment may not advertise that it offers Massage Services under the term "CMT," "certified massage therapist," "CMP," or "certified massage practitioner," or use such terms in its business name, unless Massage Services are provided only by persons holding CAMTC Certificates. Any advertising by holders of CAMTC Certificates shall include the certificate number(s) of the certified Massage Provider(s) and the name(s) under which the CAMTC Certificate(s) are held.
2.
No Massage Establishment or any person employed or retained by the Massage Establishment may engage in sexually suggestive advertising related to Massage Services on the premises of the Massage Establishment. Sexually suggestive advertising includes, but is not limited to, advertisements displaying images of individuals clothed in, attire that is transparent, see-through or substantially exposes the individual's undergarments, breasts, buttocks or genitals, describes the age or appearance of Massage Providers, describes Massage as "erotic", "sensual", or other descriptors that are similarly sexually suggestive in nature.
T.
Visibility. No Massage Establishment with exterior windows shall block visibility into the interior reception and waiting area by using curtains, closed blinds, tints, or any other material that obstructs, blurs, or darkens the view into the premises from the exterior during the hours the Massage Establishment is open for business.
U.
Table Showers. No person shall install or use a table shower at a Massage Establishment.
V.
Required Slavery and Human Trafficking Notices for Massage Establishments. Massage Establishments shall comply with California Civil Code Section 52.6. The required notices, which include slavery and human trafficking information and telephone hotline numbers, shall be printed in English, Spanish, Chinese, and other appropriate languages as determined by the Director.
(SCC 1304 § 18, 2005; SCC 1595 § 7, 2016; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
Commencing on the effective date of the ordinance that amends the provision of this chapter, it shall be unlawful for any person to act as a Massage Provider unless under and by authority of a CAMTC Certificate, unless that person is a Legacy Provider and meets the requirements of 4.36.105.
(SCC 1304 § 18, 2005; SCC 1595 § 7, 2016; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
A.
Commencing on the effective date of the ordinance that amends the provisions of this chapter, all Massage Provider Special Business Licenses shall be issued in accordance with the provisions of this chapter.
B.
Those Massage Providers who do not hold a CAMTC Certificate and who hold a Massage Provider Special Business License which has not been revoked, suspended or found to have been in violation of this Code during its term, and who have not been convicted of any felony, crime of moral turpitude, or any of the offenses enumerated in Section 4.36.200(B), shall be deemed and recognized as a Legacy. Provider. Said recognition will extend to each subsequent renewal of the Massage Special Business License for the Massage Provider, provided the continuity of the license remains uninterrupted by revocation, suspension, or lapse in its term of longer than 30 calendar days. Should the Massage Special Business License of a Legacy Provider lapse longer than 30 calendar days, the Massage Provider will no longer be recognized as a Legacy Provider and must meet the current requirements of this chapter.
C.
Except as provided herein, the provisions of this chapter and this amended ordinance shall be applicable to all persons described herein whether the described services were provided before or after the effective date of this ordinance.
D.
All Legacy Providers described in subsection (B) of this section must possess and be able to demonstrate they possess massage provider's liability insurance coverage of a minimum of one million dollars ($1,000,000.00) per event at all times while holding an active, valid, Massage Provider Special Business License to provide Massage Services. The aforementioned coverage must be held in the name of the Massage Provider. It shall be the Provider's responsibility at every subsequent renewal of their license to submit proof that the required insurance has been continuous with no lapses in coverage. Should the insurance policy expire within sixty (60) calendar days of submitting a renewal application, the Massage [or Legacy?] Provider shall submit proof of an additional year of coverage that meets the requirements of this section.
E.
All Massage Providers described in subsection (B) of this section must possess a current, valid certificate in cardiopulmonary resuscitation (CPR) at all times, and shall not allow the certificate to lapse without renewal prior to the expiration date of the current certificate. The Massage Provider shall submit proof of this required certificate with every renewal of the Massage Provider Special Business License, if applicable.
F.
Should the Masssage Provider not submit the required proof of massage provider's liability insurance or valid CPR certificate, or if there is a lapse in coverage the renewal shall be denied.
(SCC 1304 § 18, 2005; SCC 1595 § 7, 2016; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
The Sheriff may renew a Massage Provider Special Business License upon such conditions relating to method or manner of providing Massage Services as the Sheriff deems necessary to adequately protect members of the public in their patronage or dealings with the Massage Provider, to reduce the incidence, detect the commission of crime, identify perpetrators of crime, or to enforce the provisions of this Code, as is legally permissible. Such conditions may be imposed at the time a Massage Provider Special Business License is renewed, or at any time during the term of the license.
Any condition imposed pursuant to the provisions of this section, whether established at the time of renewal or during the term of a Massage Provider Special Business License, shall be embodied, together with the reasons therefor, in a written notice, which shall be served upon the applicant or holder of the Massage Provider Special Business License.
In the event that conditions are imposed upon renewal of an existing Massage Provider Special Business License or during its term, the condition(s) shall become effective fifteen (15) calendar days following the date of service of the notice thereof, provided that in the event an appeal therefrom is filed within the time and in the manner prescribed, the condition shall not become effective until the appeal is finally determined.
If the imposition of conditions is not appealed within the period stated pursuant to Section 4.36.215, the imposition of conditions placed on the Massage Provider Special Business license shall become final.
(SCC 1304 § 18, 2005; SCC 1595 § 8, 2016; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
The Sheriff may renew a Massage Manager Special Business License upon such conditions relating to method or manner of managing Massage Services as the Sheriff deems necessary to adequately protect members of the public in their patronage or dealings with the Massage Establishment, to reduce the incidence and detect the commission of crime, identify perpetrators of crime, or to enforce the provisions of this Code, as is legally permissible. Such conditions may be imposed at the time a Massage Manager Special Business License is issued, renewed, or at any time during the term of the license.
Any condition imposed pursuant to the provisions of this section, whether established at the time of renewal or during the term of a Massage Manager Special Business License, shall be included, together with the reasons therefor, in a written notice, which shall be served upon the applicant or holder of the Massage Manager Special Business License.
In the event that conditions are imposed upon renewal of an existing Massage Manager Special Business License or during its term, the condition(s) shall become effective fifteen (15) calendar days following the date of service of the notice thereof, provided that in the event an appeal therefrom is filed within the time and in the manner prescribed, the condition shall not become effective until the appeal is finally determined.
If the imposition of conditions is not appealed within the period stated pursuant to Section 4.36.215, the imposition of conditions placed on the Massage Manager Special Business license shall become final.
(SCC 1759, 8/5/2025)
The Massage Provider Special Business License shall contain but not be limited to a complete description of the activities to be performed by the Massage Provider, the name and residential address of the Massage Provider so licensed, and any conditions upon which the Massage Provider Special Business License is issued.
(SCC 1304 § 18, 2005; SCC 1595 § 8, 2016; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
Not later than forty-five (45) calendar days prior to expiration of the term of a Legacy Massage Provider or Massage Manager Special Business License, the Director shall transmit to the licensee an application for renewal. The application for renewal shall be in such form and include such information as is prescribed and required by the Director. The application may be electronically mailed to the license holder if an email address was provided to the Director by the license holder.
The application for renewal shall be filed with the Director no later than the date of expiration of the term of the immediately preceding Massage Provider Special Business License. The Sheriff shall perform such investigation and examination of the applicant as the Sheriff deems appropriate. The Sheriff shall extend the term of the immediately preceding Legacy Massage Provider or Massage Manager Special Business License during the period of any investigation or examination required in order to determine whether the Legacy Massage Provider or Massage Manager Special Business License should be approved.
The Sheriff shall act upon the application for renewal not later than thirty (30) calendar days after the date a complete application is filed, and the renewed Legacy Massage Provider or Massage Manager Special Business License shall be issued unless any of the following apply, in which case, the Sheriff may deny the application for renewal:
A.
The Sheriff finds in writing that the applicant fails to provide information in connection with the application;
B.
The Sheriff finds in writing that any of the statements made in the application, or any information submitted supplementary thereto is incorrect or untrue; or
C.
The Sheriff finds in writing that the applicant has criminal charges pending or has been convicted of a crime and the time for appeal has elapsed, or when an order granting probation is made suspending the imposition of sentence, irrespective of the entry of a subsequent order under California Penal Code Section 1203.4; or has violated any of the provisions of Section 4.36.200 or has done any act involving dishonesty, fraud or deceit with intent to substantially injure another; and the Sheriff concludes that by reason of the crime or act the applicant would not provide Massage Services in a law abiding manner or in a manner which does not subject patrons of the provider to risk of harm or criminal, deceitful, or otherwise unethical practices.
D.
The Sheriff finds in writing that issuance of the Legacy Massage Provider or Massage Manager Special Business License to the applicant would involve an unreasonable risk to the health, safety or general welfare of the public. The Sheriff shall state the grounds for finding unreasonable risk to the health, safety, or general welfare of the public.
E.
The Sheriff finds in writing that the licensee has violated any term, condition, requirement, or prohibition imposed by this chapter, Chapter 4.02, or Chapter 4.06 of Title 4 which are applicable to the license or the holder, or any administrative regulations promulgated thereunder, or any other applicable local, state, or federal law; or
F.
The Sheriff finds in writing that one or more conditions applicable to the Legacy Massage Provider or Massage Manager Special Business License have been violated.
(SCC 1304 § 18, 2005; SCC 1595 § 8, 2016; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
A.
Hours of Operation. It shall be unlawful for a massage provider to provide Massage Services between the hours of 10:00 p.m. and 8:00 a.m. of the following day.
B.
Sanitation Requirements. Massage Providers shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens. Towels, coverings, and linens shall not be used on a client or patron unless they have first been laundered before each use. Disposable towels and coverings shall not be used on more than one client or patron. Soiled linens and paper towels shall be deposited in approved receptacles.
C.
Attire — Massage Providers. While engaged in the practice of Massage for compensation, or while visible to clients or patrons in a Massage Establishment, all individuals working as Massage Providers shall dress in a manner that complies with Division 2, Chapter 10.5, of the Business and Professions Code.
D.
Prohibited Massage Areas. No Massage Provider or other person shall massage the genitals or anal area of any client or patron. No Massage Provider or other person shall massage the breasts of a female without the written consent of the female and a referral from a licensed California health care provider.
E.
Privacy. No Massage Provider while performing any task or service associated with providing massage shall be present in any room with another person, unless that person's genitals, gluteal cleft, and anus are fully covered.
F.
Access. No Massage Provider, while performing any task or service associated with providing massage shall perform said task in any room, cubicle, booth, or area that would be in violation of Section 4.36.090(K).
G.
Advertising. A massage provider may not advertise Massage Services under the term "CMT," "certified massage therapist," "CMP," or "certified massage practitioner" unless the massage provider holds an active, valid certificates from CAMTC. Any advertising by holders of active, valid CAMTC certificates shall include the certificate number of the certified massage provider and the name under which the CAMTC certificate is held.
H.
License. A Massage Provider shall only operate under the name specified in their CAMTC Certificate or Legacy Special Business License.
(SCC 1304 § 18, 2005; SCC 1595 § 8, 2016; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
An applicant for the renewal of a Massage Provider Special Business License in possession of a valid, unrevoked, unexpired Massage Provider Special Business License issued under this Code prior to the effective date of the ordinance which amends this section shall be deemed to possess the requisite minimum qualifications as a Massage Provider provided the applicant has not been convicted of any felonies or crimes of moral turpitude and has not been found to have been in violation of any section of this chapter.
(SCC 1304 § 18, 2005; SCC 1595 § 8, 2016; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
A.
The investigating and enforcing officials of the County of Sacramento, including but not limited to the Sheriff, Health Officer, Director of Environmental Health, Director of Finance, Chief Building Official, or their designees, shall have the right to enter the premises of the Massage Establishment from time to time during regular business hours for the purpose of making reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing, or health regulations and to enforce compliance with applicable regulations, laws, and statutes, and the provisions of this chapter.
The Business Licensing Division of the Department of Finance may charge a fee for any re-inspections required to ensure compliance with this chapter. A re-inspection is a secondary or subsequent inspection for compliance, after violations were found upon the first or initial inspection.
B.
Failure to permit the investigating and enforcing officials of the County of Sacramento to perform inspections pursuant to this section shall be grounds for revocation of the Massage Establishment Special Business License and Massage Manager Special Business License in accordance with section 4.36.200.
(SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
A.
Upon a finding made by the Sheriff, Director of Finance, or their designee(s), that a Massage Establishment has violated any provision(s) of this chapter, the Director, in addition to other penalties authorized by law, may issue an administrative fine up to one thousand dollars ($1,000).
B.
Each violation of this chapter shall constitute a separate violation.
C.
Each day upon which a Massage Establishment remains open in violation of this chapter shall also constitute a separate violation.
D.
Notice of the violation and imposition of fine shall be served on the licensee by certified mail or personal delivery. The notice shall contain an advisement of the licensee's right to appeal and right for a determination of their financial ability to pay the fine.
E.
If a fine imposed by the Director pursuant to this section is not paid within thirty (30) calendar days from the date of service of the notice of the violation and imposition of fine, or when applicable the determination of any reduction of the fine pursuant to this Chapter, the outstanding fine may be referred to the Department of Finance, Division of Revenue Recovery. In addition, any outstanding fines must be paid prior to the issuance or renewal of any license.
F.
Within fifteen (15) calendar days of service of the notice of the violation and imposition of fine, a licensee may submit a written request for a reduction of the fine due to inability to pay. The written request shall include written proof or documentation sufficient to establish the licensee's inability to pay the fines.
G.
The licensee/applicant for the reduction of fines shall also complete, under penalty of perjury, a County approved application form requiring the licensee/applicant to list their current physical street mailing address or other address where the County can contact the individual, their current occupation, their current employer, and the type of public assistance that they are receiving, if any. If the licensee/applicant does not receive public benefits, the licensee/applicant shall, under the penalty of perjury, list on the application all their monthly or yearly income and expenses and a summary of assets and liabilities. Should the licensee/applicant not submit the required application and supporting documentation within the required timeframe, the request for a reduction in fines shall be denied.
H.
Upon receipt of a request in writing for a reduction in fines that meet the foregoing requirements, the Director, at their discretion, may grant a fine reduction up to fifty percent (50%) of the fine. In considering whether to grant or deny a request for fine reduction, the Director may consider the licensee/applicant's financial conditions in accordance with California Government Code sections 68632-68633 as amended by Stats. 2022, Ch. 57, Sec. 6. (AB 199), effective June 30, 2022.
I.
The Director shall, within five (5) business days of receipt of a completed request for a reduction of fines, notify the licensee/applicant in writing, either by postal or electronic mail, of their decision to approve or deny the request. Should the Director deny the request for a fine reduction, the licensee/applicant will then have five (5) business days to submit payment of the required fines.
(SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
A.
Any Special Business License issued pursuant to this chapter may be suspended for not longer than one year or revoked during its term if the Sheriff finds in writing that one or more of the following grounds exist:
3.
That the holder of the license has violated any term, condition, or prohibition established by this chapter that are applicable to the Special Business License or the holder of the license, or any administrative regulation promulgated thereunder, or any other applicable law, including state or federal law.
4.
If any administrative fines imposed upon the license holder pursuant to this chapter have not been paid and more than ninety (90) calendar days have elapsed since the fines were imposed.
B.
Any Special Business License issued pursuant to this chapter may be suspended for not longer than one year or revoked during its term if the Sheriff finds in writing that one or more of the following crimes or acts has been committed by the licensee/applicant, or an Owner of the Massage Establishment, or by a Massage Manager, Massage Provider, or any person offering or conducting Massage at a location under the control of the licensee/applicant, and the Sheriff concludes that as a result of the commission of such crime or act that the licensee/applicant would not operate the Massage Establishment or provide Massage Services in a lawful manner or in a manner that does not subject patrons of the Massage Establishment or Massage Services to the risk of harm or criminal, deceitful, or otherwise unethical practices:
1.
Conviction for violation of the California Penal Code for any sexual crime against a person, including, but not limited to, conviction of an offense requiring registration under California Penal Code Section 290; conviction for a violation of California Penal Code Sections 266i, 314, 315, 316, 318, or subsections (b) of 647; conviction of any other crime involving dishonesty, fraud, deceit, or moral turpitude, or as those sections may hereafter be amended or renumbered; or the conviction of any offense in any other state that is the equivalent of any of the above-mentioned offenses;
2.
Conviction for violation of any crime under the California Health and Safety Code involving a controlled substance, including, but not limited to, any felony offense involving the possession, possession for sale, sale, transportation, furnishing, or giving away, of a controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code, or the conviction of any offense in any other state that is the equivalent of any of the above-mentioned offenses;
3.
Violation of one or more of the provisions of this chapter by an Owner of the Massage Establishment, or by a Massage Manager, Employee, Massage Provider, or subcontractor of the Massage Establishment, any person offering or conducting Massage on behalf of or at the Massage Establishment, or any other person involved in the service of Massage on behalf of or at the Massage Establishment;
4.
Violation of any of the duties, requirements, or prohibitions on a Massage Establishment set forth in any administrative regulations issued pursuant to Section 4.02.085 by the Owner of the Massage Establishment, or by a Massage Manager, Employee, Massage Provider, subcontractor, any person offering or conducting Massage or any other person involved in the services of Massage, on behalf of or at the Massage Establishment;
5.
Violation of any conditions imposed on the Massage Establishment or Massage Provider pursuant to Sections 4.36.070 or 4.36.130 or under the provisions of this chapter by the Owner of the Massage Establishment, a Massage Manager, Employee, Massage Provider, subcontractor, any person conducting massage, or any other person involved in the services of Massage on behalf of or at the Massage Establishment;
6.
Any act by anyone holding either a Massage Establishment, Special Business License or Massage Provider Special Business License issued under this chapter that constitutes a violation of Division 2, Chapter 10.5, of the Business and Professions Code shall be considered a violation of this chapter and grounds for denial, suspension, or revocation of a Massage Establishment Special Business License or Massage Provider Special Business License, regardless of whether the holder of the license possessed a CAMTC Certificate.
C.
The suspension, revocation, or denial of a renewal of a Special Business License as provided in this subsection, shall be tolled and such Massage Establishment Special Business License, Massage Manager, or Massage Provider Special Business License shall continue in full force and effect during the fifteen (15) calendar day period within which an appeal may be filed of the Special Business License that was suspended, revoked, denied a renewal, or terminated, and such tolling shall continue during the pendency of such appeal, if any, and shall continue until the date of final decision by the appellate authority or other administrative disposition of the appeal, where the appeal is properly filed pursuant to the requirements of this chapter and/or Chapters 4.02 and 4.10 of this Title, as applicable.
D.
An Owner of a Massage Establishment, Massage Manager, or home-based massage business, and any person listed in Section 4.36.065(C) of this chapter, shall be held responsible for the conduct of all persons on the premises engaged in providing Massage Services. Where one or more persons are Owner(s) of a Massage Establishment, each such person is jointly and severally responsible for the operation of the Massage Establishment in compliance with the requirements of this chapter. Any act or omission of any person giving Massage, or involved in providing Massage Services, or of any Owner of a Massage Establishment, Massage Manager, Employee, independent contractor, any person listed in Section 4.36.065(C) of this chapter, or any other persons performing or engaged in Massage Services on the Massage Establishment's premises, at a home-based massage business, shall be deemed the act or omission of the holder of the Massage Establishment Special Business License for purposes of determining whether the Massage Establishment Special Business License may be revoked, suspended, or denied. Proof of knowledge of any violation of this chapter shall not be required for purposes of suspension, revocation, or denial of a Massage Establishment Special Business License.
(SCC 1304 § 18, 2005; SCC 1595 § 8, 2016; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
A denial of an initial application or application for renewal of a Massage Establishment Special Business License, Massage Manager, or Massage Provider Special Business License by the Sheriff shall be in writing, with the reasons stated therefor. Written notice of the denial, together with a copy of any provisions of this chapter that are applicable to the license, shall be served upon the applicant and the owner of the property on which the Massage Establishment is located, if applicable, pursuant to the provisions of Section 4.02.090.
Denial of an initial application or application for renewal of a Massage Establishment Special Business License, or Massage Provider Special Business License shall prohibit operation of the Massage Establishment or provision of Massage Services by the applicant at any location within the unincorporated area of the County.
With respect to denial of an application for renewal of a Massage Establishment or Massage Manager Special Business License or termination of a Massage Establishment or Massage Manager Special Business License pursuant to Section 4.02.070, the immediately preceding Massage Establishment or Massage Manager Special Business License shall be deemed to be in full force and effect for a period of fifteen (15) calendar days following the date of service upon the applicant of the notice of denial or termination. In the event the applicant files an appeal from the denial or termination in the manner and within the time prescribed by Section 4.36.215, the immediately preceding Massage Establishment or Massage Manager Special Business License shall continue in full force and effect during the pendency of the appeal, until the date of final decision by the appellate authority.
(SCC 1304 § 18, 2005; SCC 1595 § 8, 2016; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
The Sheriff may commence proceedings for the suspension or revocation of a Massage Establishment Special Business License, Massage Manager Special Business License, or Massage Provider Special Business License by issuing a written notice of suspension or revocation. The notice shall state the reasons for suspension or revocation and shall be served, together with a copy of the provisions of this chapter and Chapter 4.10 that are applicable to the license upon the holder of the license and the owner of the property on which the Massage Establishment is located, if applicable. Except as provided in Section 4.36.210, the suspension or revocation shall become effective fifteen (15) calendar days after the date of service unless the holder files a timely appeal in accordance with the provisions of Section 4.10.150. If such an appeal is filed, the suspension or revocation shall not, except as provided in Section 4.36.210, become effective until a final decision by the appellate authority on the appeal is issued.
(SCC 1595 § 9, 2016; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
A Massage Establishment Special Business License, Massage Manager Special Business License or Massage Provider Special Business License may be temporarily suspended pending expiration of the time for appeal or commencement of the appeal hearing pursuant to Section 4.36.220 for the suspension or revocation of the license, if the Sheriff finds in writing that such temporary suspension is necessary in order to protect against a serious and immediate threat to the health or safety of the public caused by the exercise of the license. In the event the Sheriff orders a temporary suspension, the notice of suspension or revocation shall be delivered to the business address of the Massage Establishment or the residential address of the Massage Provider, served upon the licensee, and shall contain the following:
A.
The finding(s) justifying the temporary suspension;
B.
The time, date, and place at which the licensee may appear in advance of the commencement of the temporary suspension for the purpose of responding to the Sheriff to the charges in the notice; and
C.
The time and date on which the temporary suspension commences, which shall not be earlier than twenty-four (24) hours following the time and date of service of the notice.
The notice of suspension or revocation shall also be served on the owner of the property on which the Massage Establishment is located, if applicable, pursuant to the provisions of Section 4.02.090. |
For purposes of this section, the arrest of any Owner of a Massage Establishment, Massage Manager, Employee, or contractor of a Massage Establishment, or any Employee, contractor, or any other person providing Massage Services on the premises of a Massage Establishment or any Massage Provider holding a Massage Provider Special Business License issued pursuant to this chapter, for the charges enumerated under Section 4.36.200(B)(1) or (B)(2) or for any violation of Section 4.36.090(F), (K) or (L) shall constitute a serious and immediate threat to the health and safety of the public caused by the exercise of the license. |
(SCC 1304 § 18, 2005; SCC 1595 § 10, 2016; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
The holder of a Massage Establishment Special Business License, Massage Manager Special Business License, or Massage Provider Special Business License or applicant may file an appeal from the following:
A.
The denial of an initial application or renewal application for a Massage Establishment Special Business License, Massage Manager Special Business License or Massage Provider Special Business License pursuant to the provisions of Section 4.36.065 or 4.36.125;
C.
The termination of a Massage Establishment Special Business License as a result of a change in ownership, pursuant to the provisions of Section 4.02.070;
D.
The suspension of a Massage Establishment Special Business License or Massage Provider Special Business License; or
E.
The revocation of a Massage Establishment Special Business License, Massage Manager Special Business License or Massage Provider Special Business License.
Any such appeal shall be in writing, shall state the specific reasons therefor, and grounds asserted for relief, and shall be filed with the Director not later than fifteen (15) calendar days after the date of service by the Sheriff of the notices prescribed by Sections 4.02.070, 4.36.070, 4.36.130, 4.36.205, 4.36.206, or 4.36.210, as applicable. If an appeal is not filed within the time or in the manner prescribed above, the right to a review of the action against which complaint is made shall be deemed to have been waived.
(SCC 1304 § 18, 2005; SCC 1595 § 10, 2016; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
Not later than thirty (30) calendar days following the date of filing an appeal within the time and in the manner prescribed by Section 4.36.215, the Director shall schedule a hearing before the Hearing Authority for the purpose of determining whether the appeal should be granted. Written notice of the time, date, and place of the hearing shall be served upon the appellant not later than ten (10) calendar days preceding the date of the hearing.
During the hearing, the burden of proof shall rest with the County. The provisions of the California Administrative Procedure Act (commencing at Section 11500 of the Government Code) shall not be applicable to such hearing, nor shall formal rules of evidence used in civil or criminal judicial proceedings be so applicable. At the request of the appellant or the County, the Hearing Authority shall have the power to issue subpoenas requiring the production of documents, persons, or both, at the hearing when relevant to the issues on appeal. At the conclusion of the hearing, the Hearing Authority shall prepare a written decision, which either grants or denies the appeal, and contains findings of fact and conclusions. Notice of the written decision, including a copy thereof, shall be filed with the County and served upon the appellant not later than ten (10) calendar days following the date on which the hearing is closed, and the matter has been submitted to the Hearing Authority.
In the case of an appeal from the imposition of conditions authorized by Section 4.36.070, 4.36.130, or 4.36.131, the County must demonstrate by substantial evidence the necessity of the conditions and, if the imposition of such conditions is upheld, the Hearing Authority shall provide in its decision findings regarding specific evidence within the record supporting the Hearing Authority's determination.
(SCC 1304 § 18, 2005; SCC 1595 § 10, 2016; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
A decision by the Hearing Authority pursuant to Section 4.36.220 shall be final upon service of notice of final decision.
(SCC 1304 § 18, 2005; SCC 1595 § 10, 2016; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
The decision by the Hearing Authority issued pursuant to Section 4.36.225 is a final decision. The time for judicial review of that decision as well as preparation of the record of the administrative hearing is governed by Sacramento County Code, Chapter 1.06.
(SCC 1304 § 18, 2005; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
The revocation of a Massage Establishment Business License, Massage Manager Special Business License or Massage Provider Special Business License shall terminate the right(s) of the holder of the license to engage in the business authorized by the license or provide the service authorized by the license, as applicable, anywhere within the unincorporated area of the County for a period of five (5) years following the effective date of the revocation. At the conclusion of said period, the former holder may file a written application for issuance of a new Massage Establishment Business License with the Director. The Director may, in their sole discretion, grant or deny the application and may, in addition to other matters, consider factors relating to the rehabilitation of the applicant in making their determination.
In the event of revocation of a Massage Establishment Special Business License, neither a direct relative of the holder of the revoked license, nor a person possessing an ownership interest in the Massage Establishment for which the license was revoked or who was an Employee thereof, shall be entitled to issuance of a Massage Establishment Special Business License.
If a Massage Establishment Special Business License issued in accordance with this chapter has been revoked, and that revocation has become final in accordance with Sections 4.36.225 and 4.36.230, no subsequent Massage Establishment Special Business License shall be issued at the address of the fixed location on the revoked license for a period of five (5) years from the date the revocation became final.
(SCC 1304 § 18, 2005; SCC 1595 § 11, 2016; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)
A.
The suspension of a Massage Establishment Special Business License, Massage Manager Special Business License, or Massage Provider Special Business License shall terminate the right of the holder of the license to provide the services authorized by the license anywhere within the unincorporated area of the County for the effective period of the suspension immediately following the effective date of the suspension. At the conclusion of said period, the license holder may resume said business or the provision of services for the duration of the term of the license.
B.
In the event of suspension of a Massage Establishment Special Business License, neither a direct relative of the holder of the suspended license, nor a person possessing an ownership interest in the Massage Establishment for which the license was suspended or who was an Employee thereof, shall be entitled to issuance of a Massage Establishment Special Business License.
C.
In the event of a temporary suspension, as authorized under Section 4.36.210, the suspension shall last in duration until commencement of an appeal hearing as described in Section 4.36.220 of this chapter. At said hearing, the Hearing Authority may, at the request of the license holder, address the appropriateness of continuing the temporary suspension. The Hearing Officer may lift the temporary suspension pending the conclusion of the administrative proceedings or the issuance of the written decision or the Hearing Officer may continue the temporary suspension pending the conclusion of the administrative proceedings or the issuance of the written decision.
D.
In no event shall a temporary suspension of a Massage Establishment Special Business License, Massage Manager Special Business License, or Massage Provider Special Business License ordered pursuant to Section 4.36.210 be of a duration greater than thirty (30) calendar days, unless within that period, the Sheriff issues written findings and notice of denial, suspension, or revocation as required by Section 4.36.200. Upon the issuance of said written findings, the duration of the temporary suspension shall be extended until the commencement of administrative proceedings as described in subsection (C) of this section.
(SCC 1304 § 18, 2005; SCC 1595 § 11, 2016; SCC 1747, 1/7/2025; SCC 1759, 8/5/2025)