Note: Prior ordinance history: Ords. 1905, 3266 and 4793.
It is the purpose and intent of the City of Roseville to comply with California law while also protecting the health, safety and welfare of the inhabitants of the city through the enactment of standards of professional competence and operational requirements which promote the therapeutic use of massage therapy.
This chapter is not intended to be exclusive and compliance with city regulations will not excuse noncompliance with any state or local laws or regulations that are uniformly applied to other professional or personal services businesses including, without limitation, all zoning applications; business license regulations; building, fire, electrical, and plumbing codes; and health and safety laws and regulations applicable to professional or personal services businesses.
The California State Legislature implemented uniform statewide regulations pertaining to massage therapy and massage businesses (enacted by AB 1147 in 2014 and extended by AB 2194 in 2017 to January 1, 2021, by AB 1537 to January 1, 2023, and by AB 2687 to January 1, 2027) now codified in Chapter 10.5 of Division 2 of the California Business and Professions Code (commencing at Section 4600 et seq.), hereinafter referred to as the "Massage Therapy Act," which created a statewide system for issuing massage therapist certification, thereby preempting certain local permitting systems and requirements for those that are certified. The statewide permitting system is administered by the California Massage Therapy Council ("CAMTC").
The Massage Therapy Act allows local jurisdictions to enforce certain business licensing and to establish reasonable health and safety requirements for massage businesses, not in conflict with the Massage Therapy Act. To enable the city to carry out the local regulation and review of massage businesses found in the Massage Therapy Act, the city must maintain massage business regulations in the Roseville Municipal Code.
The city wishes to promote the ethical practice of massage therapy as an important healing art and to prevent and discourage the misuse of massage therapy as a front for prostitution activities in violation of the law, including, but not limited to, subdivisions (a) and (b) of Section 647 of the California Penal Code, as may be amended.
The adoption of qualification standards for massage service providers based upon the CAMTC certification program established under the Massage Therapy Act and the enhancement of the city's reasonable regulations on the operation of massage businesses and the conduct of all massage service providers will serve to reduce the risk of potentially injurious and illegal activity.
This chapter establishes a local regulatory system for massage businesses to operate within the city.
(Ord. 5836 § 1, 2017; Ord. 6846, 8/7/2024; Ord. 7017, 12/17/2025)
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
"Applicant"
means any person that seeks a massage business permit as required by this chapter.
"California massage therapy council (CAMTC)"
means the California Massage Therapy Council created pursuant to Business and Professions Code Section 4602(a).
"Certificate"
means the certificate issued by the CAMTC to massage therapists, pursuant to Business and Professions Code Section 4601(h) and to massage practitioners pursuant to subdivision 4601(g), 4604.1(a), or 4604.2(c) that entitles the holder to practice massage. When used in this chapter, "certification" means a person who has an active and valid CAMTC certificate.
"City"
means the City of Roseville.
"Compensation"
means the payment, loan, advance, donation, contribution, deposit, or gift of money or anything of value.
"Convicted"
means having entered a plea, or receiving a verdict, of guilty. "Convicted" also includes having entered a plea of nolo contendere.
"Exempt therapist"
means an individual granted an exemption from the CAMTC certification requirement pursuant to this chapter and is issued an exemption certificate by the city.
"Independent contractor"
means a person who contracts to do work for another person according to his or her own processes and methods; the contractor is not subject to another's control except for what is specified in a mutually binding agreement for a specific job.
"Manager"
means a person who supervises, inspects, directs, organizes, controls, or in any other way is responsible for or in charge of the conduct of the activities within a massage business.
"Massage" or "massage therapy"
means the systematic and scientific manipulation and treatment involving the external manipulation or pressure of soft tissue for therapeutic purposes. Massage therapy includes any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external surfaces of the body with hands, apparatus or appliances, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment, or other similar preparations. Massage therapy scope of practice does not include diagnosis, prescribing of drugs or medicines, spinal or other joint manipulations, nor any service or procedure for which a license to practice medicine, chiropractic, physical therapy, acupuncture, or podiatry is required by law.
"Massage business"
means a fixed place of business, premises, facility, establishment, or membership club where any person gives, performs or administers massage for compensation.
"Massage professional"
means any person who performs or administers to another person massage for compensation. Massage professionals shall include massage practitioners and massage therapists.
"Mobile massage services"
means services in which a massage professional gives, performs or administers to another person a massage for compensation at a location other than a massage business permitted pursuant to this chapter.
"Owner"
means any and all owners of a massage business including any of the following persons:
1. 
A sole provider as defined in this section;
2. 
Any general partner of a general or limited partnership that owns a massage business;
3. 
Any person who has an ownership interest in a corporation that owns a massage business;
4. 
Any person who is a member of a limited liability company that owns a massage business;
5. 
A massage professional acting as an independent contractor as defined in this section;
6. 
All owners of any other type of business association that owns a massage business.
"Permit"
means the massage business permit.
"Person"
means any natural person, individual, group, firm, association, partnership, corporation, company, sole proprietorship, or any other legal entity.
"Police chief"
means the chief of police of the City of Roseville and his or her designee.
"Sole provider"
means a massage business where the owner owns 100% of the business, is the only person who provides massage services for compensation for that business, and has no other employees or independent contractors.
"Visitor"
means any individual not retained or employed by the massage business and not receiving or waiting to receive massage services, but excluding law enforcement personnel or government officials performing government business.
A. 
It is unlawful for any person to own, conduct, operate or maintain a massage business within the city without having a valid massage business permit issued pursuant to this chapter. Massage business permits shall also be required of any permanent or semi-permanent seated massage or reflexology installation.
B. 
It is unlawful for any person to own, conduct, operate or maintain a massage business within the city unless all persons providing massage services at the massage business each hold an active and valid certificate from the CAMTC as a massage practitioner or massage therapist or qualify as an exempt therapist. A massage business permit shall in no way be construed to allow any person to perform massage services within the city without either an active and valid certificate from the CAMTC or qualifying as an exempt therapist.
C. 
Each massage business holding an active and valid city-issued massage business permit pursuant to this chapter, which employs or retains any massage professional who does not have an active and valid certificate from the CAMTC as a massage practitioner or massage therapist or qualify as an exempt therapist pursuant to this chapter, will have until December 31, 2024, to comply with the requirements of subsection B of this section.
D. 
The massage business permit required by this chapter shall be in addition to any required city business license, certificate of occupancy, and any other permit or approval required by state or local law.
(Ord. 5836 § 1, 2017; Ord. 6846, 8/7/2024; Ord. 7017, 12/17/2025)
It is unlawful for any person to advertise massage services within the city without complying with the requirements provided for in this chapter.
(Ord. 5836 § 1, 2017; Ord. 6846, 8/7/2024; Ord. 7017, 12/17/2025)
A. 
An application for a massage business permit shall be made by each owner, as defined in Section 9.10.020. Such application shall designate the person or persons who will be the manager, if applicable, of the premises.
B. 
All applications for permits shall be filed with the police chief on such forms as he or she may prescribe, and shall contain such information as the police chief shall reasonably deem necessary for the proper processing of the application. The application for a permit does not authorize the operation of a massage business unless and until such permit has been granted.
C. 
Any application for a massage business permit shall contain the following information for each applicant:
1. 
The full true name and any other names used by the applicant. If the applicant is:
a. 
An individual, the individual shall state his or her full legal name.
b. 
A partnership, the partnership shall state its complete name, address, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any. In addition, the application must designate the person who will provide all information required by this chapter.
c. 
A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacities of all officers and directors, and the name of the registered corporate agent and the address of the registered agent for service of process. In addition, the application must designate the person who will provide all information required by this chapter.
2. 
The true, full and precise name under which the massage business is to be conducted, as well as any and all names under which the massage business is to be advertised.
3. 
The address where the massage business is to be located and all telephone numbers for the massage business.
4. 
The name and address of the owner of the real property upon or in which the proposed massage business is to be conducted and, if applicable, the lessor. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of a valid and current lease for the property, containing specific language from the owner of the property acknowledging that a massage business will be located on the property. If the lease does not contain such language, then the applicant shall submit other documentation demonstrating the property owner's knowledge and approval of the operation of a massage business on the property. The city may also provide the property owner with copies of permits or notices issued to an applicant at any time before or after issuance of a permit, or with copies of any communications between the city and applicant.
5. 
The current residential address and telephone number of each owner, as well as each manager (if the manager is a different person) who will be principally in charge of the operation of the massage business, and the previous residential addresses and business addresses within the previous five years, if any.
6. 
The applicant's height, weight, eye color, and hair color.
7. 
Written proof to the satisfaction of the city that the applicant is at least 18 years of age.
8. 
The applicant's business, occupation or employment history for the five years immediately preceding the date of the application.
9. 
The massage or similar business license history of the applicant, including whether such person, previously operating in this city or another city, county or state under a certificate, license or permit, has had such certificate, license or permit denied, revoked or suspended; and the reasons and dates for any such denial, revocation or suspension.
10. 
All criminal charges within the past 10 years, and all criminal convictions since the age of 18, except minor traffic violations.
11. 
A complete and current list of the names and birthdates of all proposed massage professionals and their CAMTC certification numbers, including massage professionals retained as independent contractors, and all other employees or independent contractors who are or will be employed or retained in the massage business, if known. If not known at the time of submission of the application, the applicant shall provide the required information no later than 10 calendar days prior to opening for business. If an applicant is proposing to retain a massage therapist as an independent contractor, then the applicant must also provide sufficient information demonstrating that such massage professional is operating as an independent contractor pursuant to applicable state and federal law.
12. 
A clear, color photocopy of a valid, government issued identification card for each applicant.
13. 
A complete set of fingerprints (LiveScan) for each applicant. The applicant shall be responsible for payment of any fingerprinting fees. Applicants in good standing as determined by the police chief are exempt from this requirement.
14. 
If the owner will provide massage services, then either the owner's original CAMTC certificate and original CAMTC photo identification card, or the owner's exemption certificate.
15. 
Authorization for the city, its agents, and employees to seek verification of the information contained in the application.
16. 
Such other identification and information as the police chief may reasonably require in order to discover the truth of the matters herein specified and as required to be set forth in the application.
17. 
A current and valid policy of insurance issued by an insurance company authorized to do business in the state of California evidencing that the applicant is insured under a liability insurance policy providing minimum coverage of $1,000,000 for injury or death to any one person arising out of the operation of any massage business and the administration of a massage.
18. 
Proof of current City of Roseville business license for the massage business which matches the business name listed on the massage business permit application.
19. 
A statement in writing and dated by the person providing the information, that he or she certifies under penalty of perjury, that all information contained in the application is true and correct.
D. 
In the event that the police chief requires further information, or deems the application incomplete, the applicant shall be notified in writing of the required information within 20 calendar days of submitting the application. Additional information shall be provided within 15 calendar days of the date of the request, after which time the application shall be deemed abandoned. Abandoned and incomplete applications shall be denied.
(Ord. 5836 § 1, 2017; Ord. 6846, 8/7/2024; Ord. 7017, 12/17/2025)
A. 
A permit for a massage business shall be issued for a term of two years. It may be renewed by the police chief for additional two-year periods upon application by the permittee unless the permit is suspended or revoked in accordance with Section 9.10.140. An application for renewal shall be accompanied by a nonrefundable fee as established by resolution adopted by the city council, as amended from time to time.
B. 
During the term of a permit, if the permittee or any owner or manager has any change in the information submitted on the original application or any renewal application, the permittee shall notify the chief of police in writing of any such change within 14 calendar days of the change.
C. 
In addition to any other remedy available to the city under applicable law, a massage business permit shall not be issued or renewed unless and until all due and unpaid administrative citations issued to the applicant or permittee for violations of this chapter are paid in full and all outstanding violations of the municipal code have been corrected to the satisfaction of the police chief.
(Ord. 5836 § 1, 2017; Ord. 6846, 8/7/2024; Ord. 7017, 12/17/2025)
Every application for a massage business permit shall be accompanied by a nonrefundable fee as established by resolution adopted by the city council, as amended from time to time. The application and fee required pursuant to this section shall be in addition to any other license, permit or fee required by federal, state or local law.
(Ord. 5836 § 1, 2017; Ord. 6846, 8/7/2024; Ord. 7017, 12/17/2025)
A. 
Upon receipt of a completed massage business permit application, the police chief shall conduct an investigation, including an inspection of the massage business, if applicable, to ascertain whether a permit should be issued as requested. The police chief shall, within 45 calendar days of receipt of the completed application, approve, condition or deny the permit.
B. 
The police chief may deny a permit provided for in this chapter if he or she finds any of the following:
1. 
The applicant, any owner, or any person directly engaged, employed, or retained in the massage business, has:
a. 
Been convicted of a violation of any provision of law pursuant to which a person is required to register under the provisions of Penal Code Section 290, or conduct in violation of California Penal Code Sections 266h, 266i, 314, 315, 316, 318, subsections (b) or (d) of Penal Code Section 647, Penal Code Section 653.23, as may be amended, or convicted of an attempt to commit or conspiracy to commit any of the above-mentioned offenses, or any other crime involving dishonesty, fraud, deceit, or moral turpitude or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal Code Section 415 or 602, as may be amended, or any lesser included or related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes, or any crime committed while engaged in the ownership of a massage business or the practice of massage.
b. 
Been convicted of a violation of Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code Section 11054, 11055, 11056, 11057 or 11058, as may be amended.
c. 
Been convicted of any offense in any other state or U.S. territory, which is the equivalent of any of the abovementioned offenses.
d. 
Been subjected to a permanent injunction against the conduction or maintaining of a nuisance pursuant to Sections 11225 through 11235 of the California Penal Code, as may be amended, or any similar provisions of law in a jurisdiction outside the state of California.
e. 
Committed an act in another jurisdiction which, if committed in this state, would have been a violation of law and which, if done by a permittee under this chapter, would be grounds for denial, suspension or revocation of the permit.
f. 
Committed any act, which, if done by a permittee, would be grounds for suspension or revocation of a permit.
g. 
Had a massage business permit or massage therapist/practitioner permit or other similar license or permit denied, suspended or revoked for cause by the city, any state, local agency or other licensing authority, or has had to surrender a permit or license as a result of pending criminal charges or in lieu of said permit or license being suspended or revoked.
2. 
The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application or in any documentation required to be filed in conjunction with said application.
3. 
The application does not contain all the information required by Section 9.10.050 and applicant fails to complete the application after having been notified of any additional information or documents required.
4. 
The applicant is not at least 18 years of age.
5. 
The massage business, as proposed, does not comply with all applicable laws, including, but not limited to, health, zoning, fire, building, and safety requirements and standards imposed by the laws of the state and the ordinances of the city, including this chapter.
6. 
The applicant failed to obtain all the necessary approvals from the necessary city departments or other governmental agencies, including, but not limited to, the city's development services department.
7. 
The applicant has refused to or cannot meet the requirements established by this code.
8. 
The required fee(s) have not been paid and/or any other requirements of this chapter have not been satisfied within the time specified.
9. 
The massage business is proposed in the same location in which a massage business has, within three years prior to the date of the application, had a massage business permit revoked pursuant to Section 9.10.130 of this chapter or has otherwise been closed due to criminal activity.
10. 
The applicant currently owns and/or operates, or previously owned and/or operated, a massage business in the city that is subject to unpaid fines or fees resulting from violations of this chapter.
C. 
Notwithstanding subsection B, the applicant shall not be denied a permit solely on the basis that he or she has been convicted of a felony if he or she has obtained a certificate of rehabilitation under Section 4852.01 of the California Penal Code, as may be amended, or on the basis that he or she has been convicted of a misdemeanor not specified in subsection B.1.a, b or c of this section.
D. 
If the police chief, upon completion of the investigation, determines the applicant does not fulfill the requirements set forth in this chapter, the police chief shall deny the application by dated written notice to the applicant. The applicant shall have the right of appeal as set forth in Section 9.10.090.
E. 
Upon issuance of any permit, the police chief may limit the permit by any condition reasonably necessary to preserve the intent and purpose of this chapter. Such permit limitations shall be in writing and provided to the permittee.
(Ord. 5836 § 1, 2017; Ord. 6846, 8/7/2024; Ord. 7017, 12/17/2025)
The police chief shall cause a written notice of his or her decision to issue, condition or deny a permit to be mailed to the applicant by certified U.S. mail, postage prepaid, return receipt requested, to the mailing address listed on the application. An applicant aggrieved by the police chief's decision to condition or deny a permit may appeal such decision to the city manager, or his or her designee, by filing a written notice with the city clerk within 14 calendar days of the applicant's receipt of the police chief's written notice of decision. If an appeal is not filed within such time, the police chief's decision shall be final. If the police chief's written notice of his or her decision is mailed to the mailing address listed on the applicant's application but is returned without delivery, or the date of the applicant's receipt of the written notice is otherwise indeterminable, the police chief's decisions shall become final on 31st calendar day after such notice is mailed by the city.
(Ord. 5836 § 1, 2017; Ord. 6155 § 1, 2019; Ord. 6846, 8/7/2024; Ord. 7017, 12/17/2025)
Upon appeal to the city manager, or his or her designee, the permit application shall be scheduled for a hearing within 45 calendar days, or as soon thereafter as is practicable.
(Ord. 5836 § 1, 2017; Ord. 6155 § 2, 2019; Ord. 6846, 8/7/2024; Ord. 7017, 12/17/2025)
Notice of the hearing shall be mailed to the applicant by regular U.S. mail to the address listed on their application with a copy to the proposed business address at least seven calendar days in advance of the hearing, or, alternatively, delivered personally to the applicant at least five calendar days in advance of the hearing.
(Ord. 5836 § 1, 2017; Ord. 6846, 8/7/2024; Ord. 7017, 12/17/2025)
Following a hearing, the city manager, or his or her designee, may grant the permit subject to such conditions as it deems reasonable under the circumstances, or it may deny the issuance of the permit if it finds any of the grounds specified in Section 9.10.080.B. The decision of the city manager, or his or her designee shall be final.
(Ord. 5836 § 1, 2017; Ord. 6155 § 3, 2019; Ord. 6846, 8/7/2024; Ord. 7017, 12/17/2025)
Any permit issued under the terms of this chapter may be suspended immediately by the police chief for a period of up to 10 calendar days upon determining that any of the grounds specified in Section 9.10.140 exist. A permit may be suspended for a period of more than 10 calendar days or revoked in its entirety by the police chief after a hearing, upon determining that any of the grounds specified in Section 9.10.140 exist. No permit shall be suspended for a period of greater than 10 calendar days or revoked by virtue of this section until a hearing has been held by the police chief. Written notice of the time and place of such hearing shall be served upon the person to whom the permit was granted at least five calendar days prior to the date set for such hearing. Such notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending such permit. Service of notice may be either by personal delivery to the person to be notified, or by depositing it in the U.S. mail in a sealed envelope, postage prepaid, addressed to the person to be notified at his or her mailing address as it appears in his or her application for a permit. The hearing must be held within 10 calendar days of the date of service of notice. During any suspension period resulting from the police chief's suspension of the permit pursuant to this section, the permit shall be temporarily null and void, and the business operations and all services provided by such massage business shall be prohibited.
(Ord. 5836 § 1, 2017; Ord. 6846, 8/7/2024; Ord. 7017, 12/17/2025)
Any permit issued under the terms of this chapter may be suspended or revoked if any permittee, his or her agent, employee, or independent contractor:
A. 
Has demonstrated a pattern of violating or failing to comply with the terms and conditions of the permit.
B. 
Does any act which violates any of the grounds for denial of the permit.
C. 
Has demonstrated a pattern of violating any other provision of this chapter or any federal, state or local law or regulation relating to his or her permitted activity.
D. 
Has demonstrated a pattern of engaging in or permitting misconduct substantially related to the qualifications, functions or duties of the permittee.
E. 
Conducts the massage business in a manner contrary to the peace, health, or safety of the public.
F. 
Has made any false, misleading or fraudulent statement of material fact in the application or in any documentation required to be filed in conjunction with said application or has omitted material information from the application or in any documentation required to be filed in conjunction with said application.
G. 
Has been convicted of any of the crimes identified in Section 9.10.080.B.1.a, b or c.
H. 
Employs, retains, or otherwise allows any person to provide massage services without: (1) an active and valid certificate from the CAMTC as a massage practitioner or massage therapist; or (2) qualifying as an exempt therapist and having a valid exemption certificate.
I. 
Engages in unprofessional conduct, including, but not limited to, the following:
1. 
Engaging in sexually suggestive advertising related to massage services.
2. 
Engaging in any form of sexual activity on the premises of a massage business where massage is provided for compensation.
3. 
Engaging in sexual activity while providing massage services for compensation.
4. 
Practicing massage on a suspended or revoked permit.
5. 
Practicing massage without a permit.
6. 
Providing massage of the genitals or anal region.
7. 
Providing massage of the female breasts without the written consent of the person receiving the massage and a referral from a licensed California health provider.
8. 
Dressing while engaged in the practice of massage for compensation, or while visible to clients in a massage business, in any of the following:
a. 
Attire that is transparent, see-through, or substantially exposes the massage professional's undergarments.
b. 
Swim attire, if not providing a water based massage modality approved by the CAMTC.
c. 
A manner that exposes the massage professional's breasts, buttocks, or genitals.
d. 
A manner that constitutes a violation of Section 314 of the California Penal Code, as may be amended.
e. 
A manner that is otherwise deemed by the CAMTC to constitute unprofessional attire based on the custom and practice of the profession in California.
(Ord. 5836 § 1, 2017; Ord. 6846, 8/7/2024; Ord. 7017, 12/17/2025)
Any permittee aggrieved by the decision of the police chief in refusing to renew a massage business permit, or a decision suspending a permit for a period greater than 10 calendar days or revoking a permit in its entirety may, within 14 calendar days from the issuance of the police chiefs written decision, appeal to the city manager, or his or her designee, by filing a written notice with the city clerk. If such appeal is not filed within 14 calendar days, the decision of the police chief shall be final. If an appeal is filed in a timely manner, the city manager, or his or her designee shall, after notice as provided in Section 9.10.110, hold a hearing on the appeal, and deny the renewal for any of the grounds specified in Section 9.10.080 or suspend or revoke the permit for any of the grounds specified in Section 9.10.140. The city manager's or his or her designee's decision shall be final.
(Ord. 5836 § 1, 2017; Ord. 6155 § 4, 2019; Ord. 6846, 8/7/2024; Ord. 7017, 12/17/2025)
If a massage business permit is revoked pursuant to this chapter, no permit shall be granted to the former permittee to conduct or carry on a massage business within three years after such revocation. Furthermore, when an application for a permit is denied for cause, no new application for a permit from the same person shall be accepted within two years after denial unless the applicant can show a material change in his or her situation that would justify the issuance of such permit. The determination of whether a material change to an applicant's situation exists and whether such material change justifies the issuance of the permit is solely within the discretion of the police chief.
(Ord. 5836 § 1, 2017; Ord. 6846, 8/7/2024; Ord. 7017, 12/17/2025)
A. 
The city recognizes that some massage professionals currently practicing within the city may not meet the current requirements set forth by the CAMTC due to changes in educational or other requirements, particularly changes in requirements concerning hours of schooling, although the person has been in practice as a massage professional for a significant period. The city will therefore allow individuals who were working within the city as a massage therapist prior to August 1, 2024, and who meet the requirements of this section to continue to practice massage as a massage professional under this exemption without certification from the CAMTC.
B. 
An individual seeking this exemption must demonstrate each of the following to the satisfaction of the police chief or his or her designee.
1. 
Evidence that the individual worked as a massage professional in the city, either pursuant to their own massage business permit or under the massage business permit of another, on an ongoing basis for at least three years prior to August 1, 2024.
2. 
Evidence that the individual holds a diploma or certificate of graduation from a school of massage that requires a resident course of study of not less than 125 hours to be given before the student shall be furnished with a diploma or certificate of graduation from such school showing the successful completion of such course of study. Schools offering correspondence course(s) not requiring actual attendance of class and/or schools not approved by the state of California under the provisions of Section 4601(a) of the California Business and Professions Code or an equivalent out of state school shall not be deemed acceptable for purposes of this section.
C. 
An individual granted an exemption from the CAMTC certification requirement pursuant to this section shall be referred to as an "exempt therapist." An exempt therapist will be issued an exemption certificate that includes a statement from the police chief that the person met the requirements of this exemption. Any individual granted an exemption certificate is required to display, in the same manner this chapter requires the display of CAMTC certification, the exemption certificate showing that the person met the requirements of this exemption.
D. 
An exemption from the CAMTC certification requirement pursuant to this section is valid for two years from the date of issuance of the exemption certificate and must be renewed every two years thereafter. Any exempt therapist who allows their exemption certificate to expire shall not be eligible to renew such exemption certificate or operate as a massage professional under this exemption. Failure to obtain a renewal on or before the date an existing exemption certificate expires shall make the individual ineligible for a continued exemption.
E. 
The city may establish a nonrefundable fee by resolution adopted by the city council, as amended from time to time, to recover costs associated with initial applications and annual renewals of an exemption certificate.
F. 
Individuals who do not submit an initial application on or before December 31, 2024, for the exemption described in this section shall be ineligible to qualify for the exemption.
G. 
An exempt therapist is subject to and shall comply with all the requirements of this chapter, except for the CAMTC certification requirements.
H. 
It is unlawful for any person to provide massage to any other person for compensation unless the person providing the massage holds an active and valid certificate from the CAMTC as a massage practitioner or massage therapist or qualifies as an exempt therapist pursuant to this chapter.
(Ord. 6846, 8/7/2024; Ord. 7017, 12/17/2025)
It is unlawful for any person to employ or retain anyone under the age of 18 years as a massage professional. It is unlawful for any person under the age of 18 to perform services as a massage professional.
(Ord. 5836 § 1, 2017; Ord. 6846, 8/7/2024; Ord. 7017, 12/17/2025)
A. 
It shall be the responsibility of a massage professional to refrain from providing massage services, if the massage professional has reason to believe that he or she has any communicable or contagious disease, any open wound of any nature, or any other condition which may be hazardous to the health of a client. Any massage professional having reason to believe that he or she may have any such disease or condition shall promptly notify his or her employer, or, if the massage professional is an independent contractor, to notify the person with whom he or she has been retained, and it shall thereafter be unlawful for the employer or owner to utilize the services of the massage professional unless the disease or condition is no longer present.
B. 
Whenever the manager has reason to suspect that a massage professional has a communicable or contagious disease, he or she shall require the suspected individual to have an examination by a licensed physician. If the massage professional is found to have a disease or condition which may be hazardous to the health of a client, his or her employment or services rendered under contract shall be discontinued until reinstatement as a massage professional is approved in writing by a licensed physician certifying that the massage professional is free from communicable or contagious diseases.
(Ord. 5836 § 1, 2017; Ord. 6846, 8/7/2024; Ord. 7017, 12/17/2025)
A. 
It is unlawful and a public nuisance to own, conduct, control, or operate a massage business unless the owner or manager designated in the application for the massage business is present within such massage business at all times the business is open. It is unlawful for any massage professional to provide massage to any other person for compensation unless the owner or manager designated in the application for the massage business is present within the massage business at the time of the massage service.
B. 
An owner and/or manager shall be responsible for the conduct of all massage professionals while they are on the massage business premises. Any act or omission of any massage professional, whether an employee or an independent contractor, constituting a violation of the provisions of this chapter shall be deemed an act or omission of the owner or manager for the purposes of determining whether the massage business permit shall be revoked, suspended, conditioned, denied, or renewed.
C. 
No massage professional shall provide massage of the genitals or anal region of any client or the breasts of any female client without the written consent of the female client and a referral from a licensed California health care provider, nor shall any owner or manager of a massage business allow or permit such massage to the above specified areas. A massage shall not be given and no client shall be in the presence of a massage professional, independent contractor, owner, manager, or other employee of a massage business unless the client's genitals and the female client's breasts are fully covered by a non-transparent covering.
D. 
The hours of operation of the massage business must be posted in the front window, or on the door if there is no front window, and clearly visible from outside the massage business.
E. 
The owner and/or manager shall ensure that the original CAMTC certificate or original exemption certificate for each on-duty massage professional is conspicuously displayed, visible from the entrance and/or reception and waiting area of the massage business, and that each massage professional has at his or her immediate disposal the original CAMTC photo identification card or copy of the applicable exemption certificate at all times when working in the massage business. Such identification shall be provided upon request by a member of the public, the CAMTC, a member of law enforcement, or a city official.
F. 
No owner and/or manager shall employ or retain any person as a massage professional or otherwise allow any person to provide massage services for compensation who does not have an active and valid CAMTC certificate or exemption certificate. Every owner or manager shall report to the chief of police any change of employees or independent contractors, whether by new or renewed employment, contractual relationship, discharge or termination or other type of separation, on the form and in the manner required by the chief of police. The owner or manager shall provide the name of the employee or contractor and the date of the applicable change within seven calendar days of the date of the change.
G. 
All owners, managers, massage professionals, other employees and independent contractors of the massage business shall be fully clothed at all times while furnishing massage services. No such individual shall dress while engaged in the practice of massage for compensation in any of the following:
1. 
Attire that is transparent, see-through, or substantially exposes the individual's undergarments.
2. 
Swim attire, if not providing a water-based modality approved by the CAMTC.
3. 
A manner that exposes the individual's breasts, buttocks, or genitals.
4. 
A manner that constitutes a violation of Section 314 of the Penal Code, as may be amended.
5. 
A manner that is otherwise deemed by the CAMTC to constitute unprofessional attire based on the custom and practice of the profession in California.
H. 
No massage business shall operate as a school of massage, or use the same facilities as that of a school of massage.
I. 
The massage business shall be open to inspection by the police chief, the fire chief, the building official, any enforcement officer (as defined by Section 2.50.020 of the Roseville Municipal Code) or their authorized representatives during normal business hours of the massage business, without a search or inspection warrant, to ascertain compliance with the provisions of this chapter.
(Ord. 5836 § 1, 2017; Ord. 6846, 8/7/2024; Ord. 7017, 12/17/2025)
All owners and managers shall comply with the following operating requirements for massage businesses as well as any other conditions specified by the police chief:
A. 
Structure. Massage businesses shall be carried on in a permanent building. The owner shall obtain all required building permits per the California Building Code ("CBC").
B. 
Signs. Any signs shall be in conformance with the current sign ordinances of the city. Each owner and/or manager shall post and maintain, adjacent to the main entrance and the front of the business, a readable informational sign identifying the premises as a massage business. Any signage referring to the massage business located on or adjacent to the premises of the massage business or building within which the business is located shall match the business name that is listed on the massage business permit and business license. A massage business shall not have signage that refers to another business name or is otherwise misleading or materially inaccurate.
C. 
Services List. Each owner and/or manager shall post and maintain a list of services available and the cost of such services in the lobby of the massage business in a conspicuous public place. The services shall be described in English. No owner or manager shall permit, and no person employed or retained by the massage business shall offer to perform, any services or charge any fees other than those posted.
D. 
Lighting. The interior of the massage business shall maintain adequate illumination to make the conduct of employees, independent contractors, and clients within the premises readily discernible. A minimum lighting consisting of at least one artificial light of 40 watts or lumens, or higher, shall be provided and shall be operating at all times in each room or enclosure where massage services are provided. No strobe or flashing lights shall be used.
E. 
Ventilation. In each massage room, the owner and/or manager shall provide minimum ventilation in accordance with the applicable building and fire codes.
F. 
Toilet Facilities. A minimum of one toilet and one separate wash basin shall be provided for clients in each massage business. The wash basin shall provide soap and hot and cold running water at all times and shall be located within close proximity to the massage rooms. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser or hand dryer shall be provided at the restroom wash basin. Bar soaps shall not be used. A trash receptacle shall be provided in each toilet room.
G. 
Massage Rooms. The room where massage is administered for each client shall have doors that remain unlocked at all times any client is in the room. A separate dressing area and clothing storage area is required where the massage is performed in a place other than where the client changes his or her clothing. Doors to such dressing rooms shall be self-closing.
H. 
Maintenance. Wet and dry heat rooms, shower rooms and bath and toilet rooms shall be thoroughly cleaned and disinfected as needed, but at least once each day the premises are open. All facilities for the massage business must be in good repair and shall be thoroughly cleaned and sanitized at least on a daily basis when the massage business is in operation.
I. 
Massage Tables. A massage table shall be provided in each massage room and all massages shall be performed on the massage table, with the exception of "Thai," "Shiatsu," and similar modalities of massage therapy, which may be performed on a padded mat on the floor. No more than one client may occupy a massage table at the same time. Beds and floor mattresses shall not be permitted on the premises.
J. 
Front Door. One front door that enters into the lobby and/or other waiting room shall be provided for client use. All clients and any persons other than employees or independent contractors shall be required to enter and exit through the front door of the massage business.
K. 
Window Coverings. No massage business located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and/or waiting area through the use of curtains, closed blinds, tints, or any other materials that obstruct, blur, or unreasonably impede or darken the view into such reception and/or waiting areas.
(Ord. 5836 § 1, 2017; Ord. 6846, 8/7/2024; Ord. 7017, 12/17/2025)
All owners and managers shall comply with the following operating requirements for massage businesses as well as any other conditions specified by the police chief:
A. 
Sanitation. Each owner and/or manager shall provide and maintain on the premises adequate equipment and supplies for disinfecting and sterilizing instruments used in providing massages. Every portion of a massage business, including appliances and apparatus, shall be kept clean and in a sanitary condition. Appliances, apparatus, and equipment shall be disinfected after each use.
B. 
Linen. Shared use of towels or linen shall not be permitted. Towels and linen shall be laundered or changed promptly after each use and stored in a sanitary manner.
C. 
Living Quarters Prohibited. Beds, floor mattresses, and waterbeds of any kind are not permitted on the premises of the business. No person or persons shall be allowed to reside, dwell, occupy or live inside a massage business at any time, which may be shown by circumstantial evidence such as the presence of beds or other sleeping apparatuses, bedding, pillows, sleeping bags, suitcases, clothing, toiletries or other personal belongings, major cooking appliances, and food in excess of a business establishment's normal and reasonable requirements. A kitchen area, if any, shall be for the sole use of employees and independent contractors during business hours only, shall contain only minor cooking appliances or apparatuses, shall meet the requires of any applicable state and local building and/or code standards, and shall be installed in an "employees only" area.
D. 
Persons Consuming Alcohol or Drugs. No person shall enter, be, or remain in any part of a massage business while under the influence of an alcoholic beverage or drug unless it is a drug prescribed for that individual. The owner or manager shall not permit any person under the influence of an alcoholic beverage or non-prescribed drug to enter or remain on such premises. Furthermore, no person shall administer or receive a massage while consuming or using an alcoholic beverage or drug unless it is a drug prescribed for that individual.
E. 
Recordings. No building or part thereof where massage or massage services are being conducted shall be equipped with any electronic, mechanical or artificial device used, or capable of being used, for recording or videotaping or monitoring the activities, conversation or other sounds in the treatment room or room used by clients. In the event a portable recording device is located within a treatment room, the camera and/or microphone of the device shall be rendered inoperable.
F. 
Warning Devices. The presence of any device which can be utilized as an early warning system, to alert the employees or independent contractors of a massage business to the presence of law enforcement officers or city authorities is prohibited in any massage business. Said devices may include, but are not limited to, monitors, light or music dimmers, electronic detection devices, external or internal video equipment and alarm systems other than those used for security, fire alarms, or as required by law. Each massage business is allowed up to two fixed security cameras that must face the reception desk and/or the customer waiting area. Standard alert chimes to notify staff that a client has entered are permitted.
G. 
Coverings. Each massage business shall provide to all clients clean, sanitary, and opaque coverings of a minimum size of 30 inches by 60 inches, capable of covering the clients' specified anatomical areas, including, but not limited to, the genital area, buttocks, and female breasts. No shared use of such covering shall be permitted, and re-use is specifically prohibited unless adequately cleaned prior to its re-use.
H. 
Service Records. Every owner and/or manager shall keep a record of the dates and hours of each massage service, the name, address, and phone number of the client, the name of the massage professional administering such service, the name of the owner or manager on site at the time of the service, and a generic description of the massage services rendered. These records shall be prepared prior to administering any massage and shall be retained for a period of two years after such treatment or service. These records shall be open to inspection upon demand by the police chief, the fire chief, the building official, any enforcement officer (as defined by Section 2.50.020 of the Roseville Municipal Code) or their authorized representatives or emergency personnel for emergency purposes.
I. 
Hours of Operation. No massage business shall be open for business except during the hours of 6:00 a.m. to 10:00 p.m. on any day, or as otherwise set by the massage business permit. A massage begun before the time a business is required to close for business must terminate early enough to allow the customer to exit the business no later than the time the business is required to close. No customers are allowed to be present within the massage business past 10:00 p.m. or the closing time established by the massage business permit, whichever is earlier.
J. 
Doors. All exterior doors (except a rear entrance for staff only) and interior doors must remain unlocked during business hours, unless there is no massage business staff available to assure the security of clients and massage professionals who are behind closed doors. This subsection shall not apply to sole providers as defined in Section 9.10.020 of this chapter.
K. 
Dress Code for Clients and Visitors. Except for a client who is inside a massage room for the purpose of receiving a massage, no clients or visitors shall be permitted in or on the massage business premises at any time who are not fully clothed in outer garments of nontransparent material, or who display or expose themselves in underclothing, sheer clothing, or similar intimate apparel that exposes the breasts, buttocks, or genital area.
L. 
Advertising.
1. 
Any advertising matter published or distributed shall include in legible print the massage business permit number.
2. 
No massage business shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that:
a. 
Depicts any portion of the human body that would reasonably suggest to prospective clients that any service is available other than legitimate massage services; or
b. 
Depicts individuals in suggestive poses that would reasonably suggest to prospective clients that any service is available other than legitimate massage services; or
c. 
Employs language in the text of any advertising that would reasonably suggest to prospective clients that any service is available other than legitimate massage services; or
d. 
Advertises on a website known to advertise or promote illegal activities.
M. 
Display of Human Trafficking Notices. The massage business shall comply with the requirements of California Civil Code Section 52.6 related to the posting of information for victims of human trafficking.
N. 
Visitors. During the hours of operation, no visitors shall be permitted in massage therapy rooms, break rooms, dressing rooms, showers, or any other room or part of the massage business premises other than the reception area, waiting area, toilet room, or dressing area and/or clothes storage area designated for customer use.
O. 
Liquids, Oils, and Creams. All liquids, creams, oils, lotions, powders, or other preparations used during massage services or made available to customers, which are located in massage rooms or stored elsewhere, shall be kept in clean and closed containers or bottles that are distinctly and correctly labeled to identify the contents.
P. 
No Drugs or Alcohol. The sale, service, consumption, or possession of an alcoholic beverage or any illegal drug at the massage business, or in connection with the performance of any massage service, is prohibited.
Q. 
Sexual Activity. It is unlawful for any person, including an owner, manager, massage professional, customer, or visitor, to engage in or permit sexual activity of any kind at a massage business.
R. 
Unprofessional Conduct. It is a violation of this chapter for a massage professional to engage in any unprofessional conduct as defined by California Business and Professions Code Section 4609, as that section may be amended from time to time.
S. 
Table Showers. No person shall use a table shower at a massage business for any purpose. Beginning on January 1, 2026, no person shall erect, construct, or otherwise install a shower table at any massage business.
(Ord. 5836 § 1, 2017; Ord. 6846, 8/7/2024; Ord. 7017, 12/17/2025)
A. 
All equipment and apparatus shall be kept in a clean and sanitary condition and shall be disinfected after each use.
B. 
No massage professional performing mobile massage services shall dress while engaged in the practice of massage for compensation in any manner as outlined in Section 9.10.140.I.8.
C. 
Each massage professional performing mobile massage services shall have in his or her possession proof of an active and valid massage business permit while administering massage.
D. 
Mobile massage services must be performed in accordance with all other conditions as set forth in this chapter, and shall not include any services prohibited from being offered at a massage business under this chapter.
E. 
No mobile massage services shall be conducted except during the hours of 6:00 a.m. to 10:00 p.m. on any day.
F. 
No massage professional performing mobile massage services shall provide massage of the genitals or anal region of any client. No massage professional performing mobile massage services shall provide massage to the breasts of any female client without the written consent of the female client and a referral from a licensed California health care provider. A massage shall not be given and no client shall be in the presence of a massage professional performing mobile massage services unless the client's genitals and the female client's breasts are fully covered by a non-transparent covering.
G. 
A list of services shall be available for review of the client or authorized representative of the police chief upon request and shall be described in English. No massage professional shall offer to perform mobile massage services other than those listed.
H. 
No person shall administer or receive a mobile massage while under the influence of an alcoholic beverage or drug unless it is a drug prescribed for that individual.
(Ord. 5836 § 1, 2017; Ord. 6846, 8/7/2024; Ord. 7017, 12/17/2025)
A. 
The original massage business permit issued pursuant to this chapter shall be conspicuously displayed so that it may be easily seen by any client or other person on the massage business premises.
B. 
Any person providing massage services or mobile massage services shall have either: (1) an active and valid CAMTC certificate and CAMTC photo identification card; or (2) an active and valid exemption certificate, the original of which shall be readily available for inspection at all times while providing such services, and such massage professional shall show the CAMTC certificate and identification card or exemption certificate to any member of the public, the CAMTC, a member of law enforcement, or a city official upon request.
C. 
Any person who provides mobile massage services, or who is a sole proprietor or independent contractor leasing space at a massage business, shall have their original massage business permit available for inspection at all times while providing such services, and shall show the massage business permit to any authorized representative of the city.
(Ord. 5836 § 1, 2017; Ord. 6846, 8/7/2024; Ord. 7017, 12/17/2025)
It is unlawful for a massage business to continue to operate following the sale or transfer of any interest in the business to a person not identified as an owner in the massage business permit application. Any massage business permit issued pursuant to this chapter is valid only at the address, if applicable, and for the person specified therein and cannot be sold, transferred or assigned to any other person. Change of the massage business address requires the owner or manager to notify the police chief in writing 10 calendar days prior to the massage business moving to a new location and requires an inspection of the massage business prior to the massage business accepting clients for massage therapy. Failure to notify the police chief of the change of address shall render any permit void and any operation of a massage business unlawful.
(Ord. 5836 § 1, 2017; Ord. 6846, 8/7/2024; Ord. 7017, 12/17/2025)
The following persons and businesses shall be exempt from the requirements of this chapter.
A. 
Persons holding an active and valid certificate to practice the healing arts under the laws of the state of California and their employees, including, but not limited to, holders of medical degrees such as physicians, surgeons, chiropractors, osteopaths, naturopaths, podiatrists, acupuncturists, physical therapists, registered nurses, and licensed vocational nurses, when practicing the healing arts within the scope of an applicable license.
B. 
State-licensed hospitals, nursing homes, sanitariums, physiotherapy businesses, or other state-licensed physical or mental health facilities and their employees or independent contractors.
C. 
Schools of massage approved by the state of California under the provisions of Section 4601(a) of the California Business and Professions Code and their students in training, provided such students provide massage therapy only under the direct personal supervision of an instructor.
D. 
Barbers and cosmetologists who are licensed under the laws of the state of California, while providing massage therapy within the scope of their licenses, provided that such massage therapy is limited solely to the neck, face, scalp, feet, and lower limbs up to the knees, and hands and arms, of their clients.
E. 
Persons who, acting within the scope of their employment, provide massage therapy to semi-professional or professional athletes or athletic teams, facilities or events, so long as such persons do not practice massage therapy as their primary occupation within city limits.
(Ord. 5836 § 1, 2017; Ord. 6846, 8/7/2024; Ord. 7017, 12/17/2025)
It is unlawful and a public nuisance to intentionally violate any of the provisions of this chapter. Violation of this chapter shall be a misdemeanor.
(Ord. 5836 § 1, 2017; Ord. 6846, 8/7/2024; Ord. 7017, 12/17/2025)
The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of city, create a cause of action for injunctive relief.
(Ord. 5836 § 1, 2017; Ord. 6846, 8/7/2024; Ord. 7017, 12/17/2025)
In addition to the civil remedies and criminal penalties set forth above, any person that violates the provisions of this chapter may be subject to administrative remedies, as set forth by city ordinance.
(Ord. 5836 § 1, 2017; Ord. 6846, 8/7/2024; Ord. 7017, 12/17/2025)
Unless otherwise expressly provided, the remedies, procedures and penalties provided by this chapter are cumulative to each other and to any others available under state law or other city ordinances. Each criminal citation or complaint, civil penalty, or administrative citation issued for a violation of any provision of this chapter may be issued, levied, or assessed against each or all those persons in violation, including the owner and/or permittee, manager, massage professional, and any other person who caused, created, committed, or maintained the violation.
(Ord. 5836 § 1, 2017; Ord. 6846, 8/7/2024; Ord. 7017, 12/17/2025)
Any person that violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be punished accordingly.
(Ord. 5836 § 1, 2017; Ord. 6846, 8/7/2024; Ord. 7017, 12/17/2025)
The provisions of this chapter are hereby declared to be severable. If any provision, clause, word, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.
(Ord. 5836 § 1, 2017; Ord. 6846, 8/7/2024; Ord. 7017, 12/17/2025)