It is the purpose and intent of this chapter to provide that all persons engaged in the practice of massage therapy in the city of Pacific Grove shall possess a valid certificate from the State of California Massage Therapy Organization, also known as the California Massage Therapy Council (MTO or CAMTC), and to adopt regulations for all massage businesses and establishments to preserve and protect the health, safety and general welfare of the residents of the city.
(Ord. 10-010 § 2, 2010)
"CAMTC certificate"
means a certificate issued by the CAMTC to massage therapists and massage practitioners.
"Compensation"
means the payment, loan, advance, donation, contribution, deposit, exchange or gift of money or anything of value.
"Massage business" or "massage establishment"
means any business or establishment, including sole proprietorships, which offers massage therapy in exchange for compensation whether at a fixed place of business or at a location designated by the patron, the massage therapist/practitioner, or massage business or establishment.
"Massage practitioner"
is defined in California Business and Professions Code Section 4600(d) as someone who is engaged in the practice of massage therapy for compensation.
"Massage therapist"
is defined in California Business and Professions Code Section 4600(c) as someone who is engaged in the practice of massage therapy for compensation.
The terms "massage," "massage therapy," and "bodywork" are used in this chapter interchangeably and shall mean the application of touch to the human body using a variety of techniques which may include any method of pressure or friction, stroking, kneading, rubbing, tapping, stretching, pounding, vibrating, or stimulating the external surfaces of the body with hands or with any object or appliance.
(Ord. 10-010 § 2, 2010)
It shall be unlawful for any person to provide massage therapy in exchange for compensation without first obtaining a valid CAMTC certificate except for the following individuals:
(a) 
Any individual licensed to practice the art of healing as defined under Business and Professions Code Section 500 et seq. while engaging in a practice within the scope of their license;
(b) 
Any person licensed to practice barbering or cosmetology as defined in Business and Professions Code Section 7300 et seq. while engaging in a practice within the scope of their license;
(c) 
Persons who provide massage therapy to any amateur, semiprofessional or professional athlete or athletic teams so long as such persons do not practice massage therapy as their primary occupation within city limits;
(d) 
Any employee of a California State licensed hospital, nursing home, or other state-licensed physical or mental health facility while engaging in a practice within the scope of his or her employment;
(e) 
Accredited high schools and colleges, and their coaches and trainers while acting within the scope of their employment; and
(f) 
Schools of massage, colleges, or universities, and their students in training, provided such students provide massage therapy under the supervision of an instructor.
(Ord. 10-010 § 2, 2010)
All persons licensed by the city of Pacific Grove to practice massage therapy shall obtain a valid CAMTC certificate within one year of the effective date of the ordinance codified in this chapter.
(Ord. 10-010 § 2, 2010)
(a) 
It shall be unlawful for any person to engage in or conduct a massage business or establishment in the city for compensation without first having obtained a permit to conduct such business pursuant to this chapter. Every applicant for a massage business or establishment permit shall complete an application furnished by the city, and shall pay the nonrefundable application fee as determined by city council resolution to cover the cost of the permitting activities established by this chapter. The permit required hereby shall be in addition to any business license required by the city's municipal code.
(b) 
The following persons are exempt from filing for permits for a massage business or establishment:
(1) 
Any person exempt under PGMC § 7.06.030;
(2) 
Any person with a valid CAMTC certificate;
(3) 
Any California State licensed hospitals, nursing homes, or other state-licensed physical or mental health facilities;
(4) 
Any approved massage schools as that term is defined in Business and Professions Code Section 4600.
(Ord. 10-010 § 2, 2010)
The police department shall have a reasonable time, not to exceed 45 days, in which to make a reasonable investigation into the information provided on the application. A massage business or establishment permit shall be issued within 45 days of receipt of the application to any applicant who has furnished all of the information required by this section unless the applicant has provided materially false information, in which case the massage business or establishment license may be denied or restricted.
(Ord. 10-010 § 2, 2010)
In accordance with Business and Professions Code Section 4612(d), a massage business or establishment shall be subject to reasonable inspection during regular business hours for the purpose of ensuring compliance with this section, state law, and applicable building, fire, electrical, plumbing, or health regulations. This applies to massage businesses or establishments that are permitted under PGMC § 7.06.050 and to those massage businesses or establishments that are exempt from the permitting requirements under PGMC § 7.06.050(b)(2).
(Ord. 10-010 § 2, 2010)
The following requirements apply to massage businesses or establishments that are permitted under PGMC § 7.06.050 and to those massage businesses or establishments that are exempt from the permitting requirements under PGMC § 7.06.050(b)(2). No massage business or establishment shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, the operation of a massage business or establishment unless each and all of the following requirements are met:
(a) 
Business License. Massage businesses or establishments shall obtain a city of Pacific Grove business license as required by Chapter 7.04 PGMC.
(b) 
Hours of Operation. Massage operations shall be carried on, and the premises shall be open, only between the hours of 7:00 a.m. and 10:00 p.m.
(c) 
Evidence of CAMTC Certificates. In accordance with Business and Professions Code Section 4612, a massage business or establishment shall maintain on its premises evidence demonstrating that all persons providing massage therapy at such massage business or establishment have obtained a valid CAMTC certificate for review by city authorities.
(d) 
Attire. All persons engaging in massage therapy shall wear garments which cover the entire body, exclusive of the head, neck, arms, legs, hands and feet. The massage therapist/practitioner must be fully covered from at least the mid-thigh to two inches below the collarbone. Such garments shall not be transparent and must be maintained in a clean and sanitary condition.
(e) 
No Alcoholic Beverages. No person shall sell, give, dispense, provide or keep, or cause to be sold, given, dispensed, provided or kept, any alcoholic beverage on the premises of any massage business or establishment.
(f) 
Under the Influence. No person shall enter, be or remain in any part of a massage business or establishment while in the possession of, consuming, or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. The owner, operator, or manager shall not permit any such person to enter or remain upon such premises.
(g) 
No Food. No person shall sell, give, dispense, provide or keep, or cause to be sold, given, dispensed, or provided any food to any patron on the premises of any massage business or establishment.
(h) 
Name of Business. No massage business or establishment in the city shall operate under any name or conduct business under any designation not specified in the permit and/or business license.
(i) 
Sale or Transfer. A new application shall be made upon the sale or transfer of any interest in a massage business or establishment. Any permit issued for the massage business or establishment prior to the sale of such business shall be null and void.
(j) 
Location. The location or any change in location of a massage business or establishment shall be approved by the city's planning commission, subject to a use permit, provided all applicable provisions of this chapter are complied with and all nonrefundable fees as established by resolution of the city council have been paid.
(Ord. 10-010 § 2, 2010)
In accordance with Business and Professions Code Section 4612(c), in order to protect the health, safety, and welfare of the public, the chief of police has the authority to revoke, suspend, or restrict a massage business or establishment whether such massage business or establishment is permitted under PGMC § 7.06.050 or is exempt from permitting under PGMC § 7.06.050(b)(2), after the massage business or establishment has been given the opportunity for a hearing as set forth in PGMC § 7.06.120 where any of the provisions of this chapter or state law are violated on the business premises.
(Ord. 10-010 § 2, 2010)
(a) 
Any person who has been denied a massage business or establishment permit, or any person whose privilege to conduct a massage business or establishment has been suspended, revoked, or restricted, may request a hearing conducted by the city manager's office. The request for a hearing must be in writing and must be made within 10 calendar days from the date of the decision to deny, suspend, revoke, or restrict the permit.
(b) 
Upon receiving a written request for a hearing, the city manager or his or her delegate shall call a hearing within 14 days thereafter, and shall set forth in writing and send to the applicant or permittee, by means of registered mail, certified mail, or hand delivery, notice of the date, time and place of the hearing at least five days before the hearing date.
(c) 
The hearing shall be conducted to determine the existence of any facts which constitute grounds for the denial, suspension, revocation, or restriction of the massage business or establishment. The hearing shall be conducted by a hearing officer appointed by the city manager. The massage business or establishment may appear by counsel and shall have the right to present evidence. In the event that the massage business or establishment fails to appear at the hearing, the evidence of the existence of facts which constitute grounds for the denial, suspension, revocation, or restriction of the permit shall be considered conclusively established.
(d) 
A copy of the decision of the hearing officer specifying the reasons for the decision shall be furnished to the massage business or establishment. The decision of the hearing officer shall be final.
(e) 
Notwithstanding the foregoing, the police chief may immediately suspend a massage business or establishment without a prior hearing if he or she determines that the continued provision of massage services constitutes an immediate and significant threat to the public health, safety or welfare. In such a case, the city manager or his or her delegate shall conduct the hearing following the suspension.
(Ord. 10-010 § 2, 2010)
A violation of this chapter shall constitute a misdemeanor, and may be enforced pursuant to Chapter 1.16 PGMC. Every person who violates any provision of this chapter may also be subject to administrative citations pursuant to Chapter 1.19 PGMC, which are in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violations of this code.
(Ord. 10-010 § 2, 2010)