City of Yucaipa, CA Chapter 5.22 MASSAGE THERAPY AND MASSAGE ESTABLISHMENTS

§ 5.22.010 Purpose and intent.

It is the purpose and intent of the city council that:

A. This chapter comply with and supplement California State Law pursuant to the California Massage Therapy Act, protect the public's health and safety and the personal safety of massage therapists through certain licensing standards pertaining to massage therapy business activities within the city, and recognize massage therapy as a legitimate business occupation and health enhancement service.

B. This chapter is not intended to permit any of the following uses, conduct, and/or activities which are specifically prohibited under the following California Penal Code sections:

1. Section 266(d) which prohibits receipt of money for placement of any person for purposes of cohabitation;

2. Section 266(e) which prohibits the purchase of any person for purposes of prostitution or placement of any person for immoral purposes;

3. Section 266(f) which prohibits the sale of any person for immoral purposes;

4. Section 266(h) which prohibits pimping;

5. Section 266(i) which prohibits pandering;

6. Section 314 that prohibits lewd or obscene conduct;

7. Section 315 that prohibits houses of ill-fame;

8. Section 316 that prohibits disorderly houses which disturb the immediate neighborhood;

9. Section 317 that prohibits places of prostitution;

10. Section 11225 which prohibits places of prostitution, places of lewdness, or places used as a bathhouse permitting conduct capable of transmitting AIDS; and

11. Section 647(a) that prohibits lewd conduct.

C. The provisions of this chapter shall not apply, except as noted, to the following classes of individuals or businesses while engaged in the performance of their duties:

1. Employees of state-licensed hospitals, nursing homes, and other state-permitted health care facilities while working in those facilities;

2. Individuals holding a valid permit to practice the healing arts defined under Division 2 of the Business and Professions Code, including, but not limited to, holders of medical degrees such as physicians, surgeons or chiropractors, osteopaths, naturopaths, podiatrists, acupuncturists, physical therapists, registered nurses, and licensed vocational nurses;

3. Barbers and cosmetologists who are licensed under Division 2 of the Business and Professions Code while providing massage therapy within the scope of such licenses, provided that the massage therapy is limited to the neck, face, scalp, feet, and lower limbs up to the knees, hands and arms of clients; where such persons are solely providing certain massage therapy services which are specifically exempted from local regulation pursuant to state law; and

4. Recognized schools of massage and their students in training pursuant to Division 2 of the Business and Professions Code.

(Ord. 423 § 1, 2023)

§ 5.22.020 Definitions.

A. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter:

1.

"California Massage Therapy Council" ("CAMTC")

means the nonprofit organization created to regulate the massage industry in California pursuant to Chapter 10.5 of Division 2 of the Business and Professions Code (commencing with Section 4600).

2.

"CAMTC certificate"

means a certificate issued by the CAMTC pursuant to Chapter 10.5 of Division 2 of the Business and Professions Code (commencing with Section 4600).

3.

"Certified copy"

means a copy of a document that is certified by the issuer as being a true and accurate copy of the original document bearing an original signature of the issuer.

4.

"Certified statement"

means a written assertion, claim or declaration bearing the original signature of the issuer.

5.

"Certified massage practitioner"

means any person to whom the CAMTC has issued a certificate pursuant to Business and Professions Code Section 4604.2, and who provides massage services for compensation.

6.

"Certified massage therapist"

means any person to whom the CAMTC has issued a certificate pursuant to Business and Professions Code Section 4604, and who provides massage services for compensation.

7.

"Chief of police"

means the Captain of the Yucaipa Patrol Station of the San Bernardino County Sheriff's Department, or their designated representative.

8.

"City"

means the City of Yucaipa.

9.

"City manager"

means the city manager of the City of Yucaipa or designated representative.

10.

"Client"

means any person who receives a massage in exchange for any form of consideration including, but not limited to, the payment of money.

11.

"Communicable disease"

means tuberculosis, or any disease which may be transmitted from a massage therapist to a client through normal physical contact during the performance of any massage service as permitted under this chapter.

12.

"Complete application"

means an application which provides all of the requisite information required to be provided by an applicant pursuant to this chapter and is accompanied by the requisite application deposit fees.

13.

"Director"

means the director of development services.

14.

"Employee"

means a person who works for any permittee, including independent contractor(s).

15.

"Filing date of application"

means the date on which the city determines that a complete application has been submitted to the city by the applicant.

16.

"Nudity"

means any of the following: (1) the appearance or display of an anus, male or female genital, pubic region, or a female breast below a point immediately above the top of the areola, and/or (2) a state of undress which less than completely and opaquely covers an anus, male or female genital, pubic region or a female breast below a point immediately above the top of the areola.

17.

"Massage"

means the scientific manipulation of the soft tissues or as otherwise defined in Chapter 10.5 of Division 2 of the Business and Professions Code (commencing with 4600) including methods that are undertaken to promote wellness, relaxation, stress reduction, pain relief and postural improvement, or provide general or specific therapeutic benefits, including, but not limited to, massaging, stroking, friction, kneading, rolling, vibrating, cupping, petrissage, rubbing, effleurage, tapotement and any other non-incidental touching, with the hands or other parts of the body, with or without the aid of any mechanical or electrical device or appliance, and with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice. Massage services include, but are not limited to, hydrotherapy, and therapeutic application of wraps, oils, alcohol rubs, skin brushing, salt glows and similar applications of products to the skin.

18.

"Massage establishment" or "massage therapy establishment"

means any business in a fixed location where massage is performed for compensation or other consideration, including but not limited to, businesses that provide massage services accessory to their principal permitted use, such as aromatherapy, beauty salon, health club, beach club, skincare salon, and day spa, excluding those locations where massage is only provided on an out-call basis. "Establishment" means any of the following:

a. The opening or commencement of a massage therapy related business as a new business or an accessory to an existing business;

b. The conversion of any type of existing business to any other type of massage therapy business; or

c. The substantial enlargement of an existing massage therapy business.

19.

"Massage Therapy Act"

means those provisions in Chapter 10.5 of Division 2 of the California Business and Professions Code (commencing with Section 4600).

20.

"Operator" or "on-site manager"

means all persons who is responsible for the day-to-day operations of a massage business or establishment. An operator may also be an "owner" meaning any of the following:

a. The sole proprietor of a massage business or establishment. In this chapter, "sole proprietor" shall mean a massage business or establishment where the owner is the only person employed by that business or establishment to provide massage therapy;

b. Any general partner of a partnership that owns and operates a massage business or establishment; or

c. Any person who has an ownership interest in a corporation that owns and operates a massage business or establishment.

21.

"Outcall massage therapist"

means any individual who engages in or performs massages for consideration, not at a fixed location, but at a location designated by the patron.

22.

"Permit"

means a massage therapy permit as required by this chapter that is a written license to engage in the practice of massage for compensation.

23.

"Permittee"

means the person in whose name a permit to operate or perform certain massage therapy business activities has been issued pursuant to this chapter whether for the operation of a massage therapy establishment, an outcall massage therapy service, or as a personal massage therapist.

24.

"Personal massage therapist"

means any person who is permitted under this chapter to perform massage activities as an employee or an independent contractor of a massage therapy establishment.

25.

"Reception area"

means the area of a massage therapy establishment where clients or other persons enter the business and are greeted and/or received by the operator, personal massage therapist and/or other employee of said business, or otherwise check in for their massage therapy sessions.

26.

"Recognized school of massage"

means any school or educational institution licensed or approved by the state or CAMTC, which requires a resident course of study before the student shall be furnished with a diploma or a certificate of graduation following the successful completion of such course of study or learning. Schools offering a correspondence course not requiring actual attendance shall not be deemed a recognized school.

27.

"Specified anatomical area"

means human genitals, pubic region, anus, or a female breast below a point immediately above the top of the areola.

28.

"Specified sexual activities"

means any of the following:

a. The fondling or other erotic touching of human genitals, pubic region, anus, or female breasts;

b. Sex acts, normal or perverted, actual or simulated, including, but not limited to, intercourse, oral copulation, masturbation, or sodomy; or

c. Excretory functions as part of or in connection with the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy.

29.

"Stand-alone massage therapy establishment"

means a massage therapy establishment that is operated as the predominant business activity on the subject premises rather than as an accessory use to a barbershop, beauty salon, hotel or resort, or any other type of business.

30.

"Transfer of ownership or control of a massage therapy establishment"

means any of the following, whether voluntary or involuntary:

a. The sale, lease, or sublease of the business;

b. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

c. The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.

B. Where terms are not specifically defined in this chapter, the municipal code, any applicable statute, code, or any of the uniform codes adopted and incorporated by reference by the municipal code, they shall have the meanings set forth in their ordinary accepted meanings within the context with which they are used. The most current edition of Webster's Third New International Dictionary of the English Language, Unabridged, shall be construed as providing ordinary accepted meanings for any duly adopted city policy or regulation described in this chapter.

C. Words used in the singular include the plural and the plural the singular.

D. Words used in the masculine gender include the feminine and the feminine the masculine.

(Ord. 423 § 1, 2023)

§ 5.22.030 Consent.

By applying for a permit under this chapter, the applicant shall be deemed to have consented to the provisions of this chapter and to the exercise by the city's officials, representatives and employees charged with implementing and/or enforcing the provisions set forth in this chapter.

(Ord. 423 § 1, 2023)

§ 5.22.040 CAMTC certificates and massage therapy permits.

A. Any person possessing a valid CAMTC certificate obtained and maintained in compliance with the Massage Therapy Act shall have the right to perform or engage in the practice of massage for compensation within the city consistent with the Massage Therapy Act, the qualifications established by his or her certification, and the provisions of this chapter.

B. A person may operate, maintain, run, or manage a massage therapy establishment only if that person has been validly issued a massage therapy establishment permit by the city pursuant to this chapter for the subject massage therapy establishment.

C. If a person is not certified under the CAMTC:

1. A person may perform, practice, or administer massages in exchange for compensation or any other legal consideration at a massage therapy establishment only if that person has been validly issued a personal massage therapist permit by the city pursuant to this chapter.

2. A person may operate, maintain, or manage an outcall massage therapy service only if that person has been validly issued an outcall massage therapist permit by the city pursuant to this chapter.

3. A person may perform, practice, or administer massages in exchange for compensation or any other legal consideration at their residence only if that person has been validly issued a personal massage therapist permit and a home occupation permit by the city pursuant to the regulations for the subject personal massage services.

D. The provisions set forth in this section apply to the "massage therapy establishment," as defined in Section 5.22.020, of any massage establishment or outcall massage therapy service.

(Ord. 423 § 1, 2023)

§ 5.22.050 Massage therapy establishment permit.

No business license shall be issued to any person or business for any massage therapy establishment unless such person has first obtained a validly issued massage therapy establishment permit.

(Ord. 423 § 1, 2023)

§ 5.22.060 Massage therapy establishment permit application.

A. The city manager or designee shall be responsible for granting or denying all massage therapy permits described in this chapter.

B. It shall be unlawful for any person, entity, association, partnership, or corporation to engage in or conduct upon any premises within the city the operation of a massage establishment unless:

1. All persons providing massage at the establishment are certified or permitted massage technicians as herein described; and

2. The massage establishment owner has first obtained a massage establishment permit pursuant to this chapter and a business license pursuant to Title 5 of this code.

3. The massage establishment permit requirement is separate from, and in addition to, the business license requirement and any other license, permit, or certificate requirement under any applicable statute or other provisions of the municipal code.

C. All owners of a massage establishment, or their duly authorized agent, shall file an application for a massage establishment permit with the following information and documents for massage therapy establishment permits:

1. If the applicant is:

a. An individual, the applicant shall provide his or her legal name, any aliases, and date of birth.

b. A partnership, the applicant shall provide the complete name of the partnership, the legal names of all the general partners, any aliases, and dates of birth.

c. A corporation, the applicant shall provide the complete name of the corporation, the legal names and any aliases, dates of birth and capacity of all officers.

2. The name of the business;

3. The name of the prospective on-site manager, if different from the applicant;

4. The location of the proposed massage therapy establishment, including a legal description of the property, street address, and telephone number(s) currently in service;

5. The applicant's home and/or business address and the home and/or business address of the prospective on-site manager if other than the applicant;

6. A recent photograph of the applicant and the prospective on-site manager if other than the applicant;

7. Driver's license number or identification number of the applicant and the prospective on-site manager if other than the applicant;

8. The applicant's and the prospective on-site manager's, if other than the applicant, fingerprints taken by the police department or other law enforcement agency within the previous sixty (60) days, and approved by the police chief;

9. The applicant's and the prospective on-site manager's, if other than the applicant, social security numbers and/or state or federally issued tax identification number;

10. The previous addresses of applicant and the prospective on-site manager, if other than the applicant for the ten years prior to the date of the application and the dates of residency at each such address;

11. The names, addresses, and descriptions of all current and former businesses owned, operated, or managed by applicant and prospective on-site manager, if other than the applicant for the ten (10) years prior to the date of the application and the dates the applicant and the prospective on-site manager owned, operated or managed such business;

12. If the application is for a sole proprietor, a sealed certified transcript and a certified copy of the prospective on-site manager's or operator's (if other than applicant) diploma or certificate of graduation from a recognized school of massage verifying that the applicant has completed in accordance with Chapter 10.5 of Division 2 of the Business and Professions Code (commencing with Section 4600) unless the prospective on-site manager or operator is certified under the CAMTC;

13. A list of all of applicant's and prospective on-site manager's, if other than the applicant convictions, excluding traffic violations;

14. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, that provides that the declarant has not been convicted in this state and any other state of any offense which, if committed or attempted, would have been as punishable as the following offenses set forth in this state: (a) pandering as set forth in California Penal Code Section 266(i), (b) keeping or residing in a house of ill-fame as set forth in California Penal Code Section 315, (c) keeping a disorderly house as set forth in California Penal Code Section 316, (d) prevailing upon a person to visit a place of illegal gambling or prostitution as set forth in California Penal Code Section 318, (e) lewd conduct as set forth in California Penal Code Section 647(a), or (f) prostitution activities as set forth in California Penal Code Section 647(b);

15. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, that provides that the declarant is not required to register as a sex offender as set forth in California Penal Code Section 290;

16. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, that provides that the declarant has not been convicted in this state and any other state of any offense which, if committed or attempted in this state, would have been as punishable as the felony offense involving the sale of any controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058;

17. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, regarding whether the declarant has had any previous massage therapy permit issued pursuant to this chapter or any other jurisdiction, which was denied, suspended or revoked; and if any such denial, suspension or revocation occurred, the declarant shall provide the name and location of the massage establishment, the date, and reasons for which the license or permit was denied, suspended or revoked.

18. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, regarding whether the declarant has been a sole proprietor, general partner, officer, or director of any massage establishment or business that has had a previous massage establishment permit or other massage permit issued pursuant to this chapter or any other jurisdiction which was denied, suspended or revoked and if any such denial, suspension or revocation occurred, the declarant shall provide the name and location of the massage establishment or business, the date, and reasons for which the permit was denied, suspended or revoked.

19. A certified statement from the real property owner authorizing the proposed use of the premises as a massage therapy establishment; and

20. A sketch or diagram showing the configuration of the premises of the massage therapy establishment, drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches, including a statement of total floor space occupied by the massage therapy establishment.

D. The applicant shall provide proof of legal title or a possessory or leasehold interest in the real property upon which the proposed massage establishment will be operated.

E. The applicant and the prospective on-site manager, if other than the applicant, shall provide the police department with the current processing fee and with the authorization to conduct the necessary investigations to determine the truthfulness and correctness of the information provided by applicant and to determine whether applicant is qualified pursuant to this chapter to receive the requested massage therapy establishment permit.

F. The applicant and the prospective on-site manager, if other than the applicant, shall date and sign the application under penalty of perjury that the information contained in the application is true and correct.

G. The applicant shall pay an application deposit fee in an amount set by the city council at the time of filing an application pursuant to this section, to pay for the administrative costs associated with the development services department's review of the application. If additional funds are necessary to cover the above costs, the applicant shall pay such additional costs to the city before further processing of the application may proceed. Any unused portion of the deposit shall be refunded to the applicant.

(Ord. 423 § 1, 2023)

§ 5.22.070 Responsibilities of a massage establishment.

A. For the purpose of enforcing the requirements of this chapter and of the Massage Therapy Act, the owner(s) and operator(s) of a massage establishment within the city shall be responsible for the conduct of all employees and independent contractors working in the premises of the massage establishment.

B. If the owner(s), operator(s), employee, or independent contractor of a massage establishment violates any provision of the city's municipal code, including, but not limited to, the provisions of this chapter, or of any state or federal law, including, but not limited to, the Massage Therapy Act, the massage establishment's license to conduct business within the city may be revoked pursuant to the procedures set forth in Section 5.22.350 and 5.22.410. In addition, the city shall report all violations to the CAMTC.

(Ord. 423 § 1, 2023)

§ 5.22.080 Responsibilities of practitioners and therapists.

A. If an independently employed certified massage practitioner or certified massage therapist violates any provision of the city's municipal code, including, but not limited to, the provisions of this chapter, or of any state or federal law, including, but not limited to, the Massage Therapy Act, his or her license to conduct business within the city may be revoked pursuant to Section 5.22.350. In addition, the city shall report all violations to the CAMTC.

B. No certified massage practitioner or certified massage therapist shall engage in the practice of massage for compensation within the city under any name other than the name reflected on his or her CAMTC certificate.

(Ord. 423 § 1, 2023)

§ 5.22.090 Changes regarding massage establishment.

The owner or operator of a massage establishment must notify the city's development services department of any intention to rename, change management, or convey the massage establishment to another person.

(Ord. 423 § 1, 2023)

§ 5.22.100 Inspection of massage establishment.

A. The city and its representatives including but not limited to the police department, development services department, building and safety division, code enforcement division, fire department and divisions thereof, has the right to conduct reasonable inspections of any massage establishment during regular business hours to ensure compliance with the Massage Therapy Act, the municipal code, state and local regulations, and other applicable fire and health and safety requirements.

B. It is a violation of this chapter for a massage establishment owner, operator, employee, or representative to prohibit or interfere with any lawful inspection of the premises.

C. Nothing in this chapter shall prohibit the city from pursuing any and all available legal remedies to secure entry into and inspection of the premises if such entry is refused pursuant to this chapter of the city municipal code.

(Ord. 423 § 1, 2023)

§ 5.22.110 Proof of certification.

A. Every massage establishment established pursuant to this chapter shall maintain on its premises evidence for review by city authorities that demonstrates that all persons providing massage services at the business establishment, whether such persons are employees or independent contractors, are certified by the CAMTC or permitted under this chapter of the municipal code.

B. Every certified massage practitioner and certified massage therapist shall display his or her CAMTC certificate wherever he or she provides massage for compensation. A certificate holder shall have his or her identification card in his or her possession while providing massage services for compensation.

C. Every certified massage practitioner and certified massage therapist shall provide his or her full name and certificate number upon the request by any person including a member of the public or a member of law enforcement, or a local government agency charged with regulating massage or massage establishments, at the location where he or she is providing massage services for compensation.

D. Every certified massage practitioner and certified massage therapist shall include the name under which he or she is certified and his or her certificate number in any and all advertising of massage for compensation.

(Ord. 423 § 1, 2023)

§ 5.22.120 Massage establishment facility requirements.

All massage establishments within the city pursuant to this chapter must comply with the following facility requirements:

A. Every massage establishment shall comply with all applicable city code and state law requirements and standards, including, but not limited to, those related to health, zoning, fire, and safety.

B. All massage establishments must comply with all state and federal laws and regulations pertaining to disabled clients.

C. It is unlawful for any massage establishment or its owner(s) or operator(s) to allow, hire, or employ any person or independent contractor for the purpose of performing or engaging in the practice of massage without requiring that person to possess a current and valid CAMTC certificate, unless that person has complied with this chapter's massage therapy permit requirements.

D. Massage therapy establishments may be located as a stand-alone use or as an accessory use to a barber shop or beauty parlor in any land use zone in which barber shops and/or beauty parlors are permitted or conditionally permitted provided that the proposed location of the massage therapy establishment is not located within three hundred (300) feet from a parcel upon which a sexually oriented business is located which shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business.

E. No certificate of occupancy shall be issued for any newly constructed structure or substantial expansion or enlargement of a structure that will contain a massage therapy establishment until a massage therapy establishment permit has been validly issued for the subject premises pursuant to this chapter.

F. The massage therapy establishment permit shall be posted in a conspicuous place on the premises within the reception area of the massage establishment.

G. A copy of the personal massage therapy permit for each personal massage therapist shall be kept on file on the premises of the massage establishment.

H. A copy of each diploma or certificate of graduation for each personal massage therapist shall be kept on file on the premises of the massage establishment unless the personal massage therapist is certified under CAMTC.

I. A recent photograph of each personal massage therapist shall be kept on file on the premises of the massage establishment.

J. A list of massage therapy services available at the massage establishment, a description of services in readily understandable language, and the cost of such services shall be posted in a conspicuous place on the premises within the reception area of the massage establishment.

(Ord. 423 § 1, 2023)

§ 5.22.130 Massage establishment health and safety requirements.

All massage establishment owners, operators, and employees, and all practitioners and therapists working within the city pursuant to this chapter, must comply with all of the following health and safety requirements:

A. All persons shall be clothed at all times in clean and professional attire in accordance with California Business and Professions Code Section 4609(a)(10).

B. Sanitation:

1. The premises of the massage therapy establishment shall have adequate equipment for disinfecting and/or sanitizing non-disposable instruments and materials used in administering massages.

2. All non-disposable instruments and materials shall be disinfected and/or sanitized after each use on each client.

3. All walls, ceilings, floors, showers, bathtubs, water basins, toilets, and all other facilities must be maintained in good repair and in a clean and sanitary condition.

4. All showers, bathtubs, water basins, and toilets shall be thoroughly cleaned during the massage therapy establishment's operation.

5. Water basins with hot and cold running water from a potable source and soap dispensers shall be available to clients.

6. A trash receptacle shall be provided in each massage therapy room and any room containing a shower, bathtub, water basin and/or toilet.

7. Bathtubs shall be thoroughly cleaned after each use.

8. All clients shall be provided clean and sanitary towels, sheets, and linens. Towels, sheets, and linens shall be provided in sufficient quantity and shall not be used by more than one person unless such towels, sheets and linens have been relaundered.

9. Separate closed cabinets or containers shall be provided for the storage of clean and soiled towels, sheets and linens, and such cabinets or containers shall be plainly marked "clean linen" and "soiled linen."

10. Massage table cover pads that come into contact with the body of a client shall be clean.

C. Lighting:

1. All off-street parking locations entrances and exits provided for or belonging to the massage therapy establishment shall be illuminated from dusk to closing hours with a lighting system that provides an average maintained horizontal illumination of one foot candle of light on the parking surface and walkways.

2. At least one artificial light providing a lighting intensity of not less than thirty (30) foot candle power at floor level shall be installed in the reception area.

D. A recognizable and readable sign that complies with all sign regulations of the city shall be posted at the main entrance of the massage therapy establishment identifying the name and hours of operation of the massage therapy establishment.

E. Exterior views: All building openings, entries, windows, dressing rooms, massage therapy rooms, and restrooms of a massage establishment shall be located, covered, or screened in such a manner that will not interfere with a client's reasonable expectation of privacy.

F. Massage therapy rooms:

1. At least one artificial light providing a lighting intensity of not less than twenty (20) foot candle power at floor level shall be installed in each massage therapy room.

2. There shall be no locks on any massage therapy room or any other device which impedes or obstructs access or inspections to the massage therapy room, unless there is no person on staff available to assure the security for clients and massage staff that are behind closed doors. A staff member is available to assure the security of clients and massage staff when the massage establishment employs a receptionist or other person who is stationed in a public location outside of the massage treatment rooms.

3. There shall be walls installed between each massage therapy room and such walls shall contain no openings other than doors between adjacent rooms.

G. Client registration:

1. All massage therapy establishment permittees shall maintain a client registration file that shall include the following information:

a. First, middle, and last name of client;

b. Signature of client;

c. Complete address of client;

d. Date and time of visit; and

e. First, middle and last name of personal massage therapist who administered massage services.

2. Every client shall provide the information set forth above and sign his or her name on the client registration form provided by the permittee before any massage services may be provided.

3. All client registration files shall be made available for inspection by the police department or other law enforcement agency upon written request of the police chief within three working days of receiving such request.

4. The information contained in client registration files shall be maintained by permittee for a period of three (3) calendar years of the last date the respective information was entered into the file.

H. Professional attire and identification:

1. All employees shall wear nontransparent outer garments covering their specified anatomical areas.

2. All employees shall wear badges that identify their first and/or last names and their employment position with the massage establishment.

3. All massage establishment employees shall possess while on the premises of a massage establishment a valid identification with a photograph of him or herself at all times while present on the premises of the massage establishment during the hours of operation of the establishment.

I. Showers, baths, and toilets:

1. Only one client shall be permitted in a room containing a shower stall, bath stall or toilet facility at any one time unless otherwise permitted by any applicable local, state, or federal law or regulation or accompanied by a massage therapist for massage therapy purposes.

2. Each room containing a shower, bath and/or toilet shall have a door that is self-closing and locking.

3. An artificial light providing a lighting intensity of not less than thirty (30) foot candle power at floor level shall be installed in any room containing a shower, bath, and/or toilet.

(Ord. 423 § 1, 2023)

§ 5.22.140 Massage therapy establishments—Hours of operation.

A. Massage therapy establishments are prohibited from operating between the hours of ten p.m. and eight a.m.

B. Permittees shall be prohibited from permitting clients to remain on the premises of the massage establishment after closing hours.

(Ord. 423 § 1, 2023)

§ 5.22.150 Massage therapy establishments—Loudspeakers and sound equipment.

Loudspeakers or sound equipment shall not be used by a massage therapy establishment for amplification of sound to a level discernible by the public beyond the walls of the building or leasable space in which the use is conducted.

(Ord. 423 § 1, 2023)

§ 5.22.160 Change of on-site manager and massage technicians.

A. A change of the on-site manager of a massage establishment without submitting a new massage establishment permit application shall result in the automatic termination of the subject permit.

B. Every permittee shall report to the chief of police, or his or her authorized representative, any change in massage establishment's managers or certified massage technicians. The report shall contain, but is not limited to, the name of the new personnel, their position, and the date of hire (or termination), and for certified massage technicians, a copy of the certification issued by the CAMTC. Such information shall be filed within five (5) working days of the date each new certified massage technician first provides massage at the massage establishment.

(Ord. 423 § 1, 2023)

§ 5.22.170 Special massage therapy events permit.

A. When extra massage therapists are required for a one-day special event, the permittee shall supply the city with the following information on an application provided by the city:

1. The name of the applicant;

2. The address of the special event;

3. A copy of the massage therapy establishment permit validly issued by the city pursuant to this chapter;

4. A list of the massage therapists who will be working at the special event;

5. Copies of each massage therapists' diploma or certificate of graduation from a recognized school of massage verifying that the massage therapist has completed at least one hundred (100) hours of massage therapy training unless certified by the CAMTC;

6. Copies of any validly issued massage therapy certification by the CAMTC or permit(s) the participating massage therapists may have from other cities;

7. A declaration signed under penalty of perjury by each participating massage therapist that he or she does not have any communicable disease which is capable of being transmitted to clients through the kind of physical contact normally associated with massage activities described in this chapter;

8. A declaration signed under penalty of perjury by each participating massage therapist that provides that he or she has not been convicted in this state or any other state that would have been as punishable in this state as the following: (a) pandering as set forth in California Penal Code Section 266(i), (b) keeping or residing in a house of ill-fame as set forth in California Penal Code Section 315, (c) keeping a disorderly house as set forth in California Penal Code Section 316, (d) prevailing upon a person to visit a place of illegal gambling or prostitution as set forth in California Penal Code Section 318, (e) lewd conduct as set forth in California Penal Code Section 647(a), or (f) prostitution activities as set forth in California Penal Code Section 647(a) or (b);

9. A declaration signed under penalty of perjury by each participating massage therapist that provides that the applicant is not required to register as a sex offender as set forth in California Penal Code Section 290; and

10. A declaration signed under penalty of perjury by each participating massage therapist that provides that he or she has not been convicted of any felony offense involving the sale of any controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058 and in any other state that, if committed or attempted, would have been equally or more punishable.

B. Each participating massage therapist, except for those certified by CAMTC, shall provide the police department with the current processing fee and with the authorization to conduct the necessary background investigations to determine the truthfulness and correctness of the information provided by applicant.

C. All of the above information shall be submitted to the city at least seven (7) days prior to the date of the special event.

D. The applicant shall pay an application deposit fee for each one-day permit at the time of filing an application pursuant to this section. If additional funds are necessary to cover the above costs, the applicant shall pay such additional costs to the city before further processing of the application may proceed. Any unused portion of the deposit shall be refunded to the applicant.

E. The decision of the city manager or designee shall be final.

F. Nothing in this section shall be construed to permit such massage therapists to perform or conduct any massage therapist activities at any other location in the city at any other time, unless such massage therapist has obtained a validly issued massage therapist permit pursuant to this chapter.

(Ord. 423 § 1, 2023)

§ 5.22.180 Temporary personal and outcall massage therapist permits.

A. This section shall not apply to massage therapists and massage practitioners who are certified by the CAMTC. The city manager or designee may issue a temporary massage therapy permit to any person whose application is pending for a personal or outcall massage therapy permit pursuant to this chapter, provided that the applicant has a personal or outcall massage therapy permit validly issued by another jurisdiction which has permit provisions comparable to the permit provisions of this chapter.

B. Comparable provisions shall include, but not be limited to, the fingerprinting, medical clearance and background clearance requirements set forth in this chapter.

C. All temporary permits shall automatically expire thirty (30) days after the date of issuance of the subject temporary permit or on the date a decision is made by the city manager, or designee, on the respective massage therapy permit application, whichever occurs first. The city manager shall have the discretion to extend the term of any temporary permit an additional thirty (30) days provided that the entire term of the subject temporary permit does not exceed a total period of ninety (90) days.

D. The decision of the city manager shall be final.

(Ord. 423 § 1, 2023)

§ 5.22.190 Personal massage therapist permit application.

A. This section shall not apply to massage therapists and massage practitioners who are certified by the CAMTC. An application for a personal massage therapist permit shall be made on a form provided by the city. The applicant must specify if they will perform, practice, or administer massages in exchange for compensation or any other legal consideration at their residence.

B. The following information and the following documents must be submitted with all applications for personal massage therapist permits:

1. The applicant's legal name, any aliases and date of birth;

2. The name of the applicant's massage therapy establishment employer or prospective massage therapy establishment employer;

3. The applicant's home and business addresses;

4. The previous home addresses of applicant for the ten (10) years prior to the filing date of the application and the dates of residency at each such address;

5. The names, addresses and descriptions of all current and former businesses owned, operated, or managed by applicant for the ten years prior to the filing date of the application and the dates applicant owned, operated or managed such business;

6. A recent photograph of the applicant;

7. The applicant's driver's license number or identification number;

8. The applicant's fingerprints taken by the police department or other law enforcement agency within the previous sixty (60) days, and approved by the police chief;

9. The applicant's social security number and/or state or federally issued tax identification number;

10. Certified copy of the applicant's diploma or certificate of graduation from a recognized school of massage and a sealed certified transcript verifying that the applicant has completed at least two hundred fifty (250) hours of massage therapy training;

11. A certified statement from a physician licensed to practice medicine in the United States that provides that the applicant has, within sixty (60) days prior to the filing date of the application, been examined by said physician and it has been determined that the applicant is free of any communicable disease which is capable of being transmitted to clients through the physical contact that is normally associated with the massage activities described in this chapter;

12. A list of all of applicant's convictions, excluding traffic violations;

13. A declaration signed under penalty of perjury by the applicant that provides that the applicant has not been convicted in this state and in any other state of which, if committed or attempted in this state, would have been as punishable as the following offenses: (a) pandering as set forth in California Penal Code Section 266(i), (b) keeping or residing in a house of ill-fame as set forth in California Penal Code Section 315, (c) keeping a disorderly house as set forth in California Penal Code Section 316, (d) prevailing upon a person to visit a place of illegal gambling or prostitution as set forth in California Penal Code Section 318, (e) lewd conduct as set forth in California Penal Code Section 647(a), or (f) prostitution activities as set forth in California Penal Code Section 647(a) or (b);

14. A declaration signed under penalty of perjury by the applicant that provides that the applicant is not required to register as a sex offender as set forth in California Penal Code Section 290;

15. A declaration signed under penalty of perjury by the applicant that provides that the applicant has not been convicted of any felony offense in this state and in any other state of which, if committed or attempted in this state, would have been punishable as the offenses involving the sale of any controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058;

16. A declaration signed under penalty of perjury by the applicant regarding whether the applicant has had any previous massage therapy establishment permit or any other massage permit issued pursuant to this chapter or any other similar massage permit from any other jurisdiction, which was denied, suspended or revoked and if any such denial, suspension or revocation occurred, the applicant shall provide the name and location of the massage therapy establishment or business, the date, and reasons for which the permit was denied, suspended or revoked; and

17. A declaration signed under penalty of perjury by the applicant regarding whether the applicant has been a sole proprietor, general partner, officer, or director of any massage therapy business that has had any massage therapy establishment permit or any other massage permit issued pursuant to this chapter or any other similar massage permit from any other jurisdiction, which was denied, suspended or revoked and if any such denial, suspension or revocation occurred, the applicant shall provide the name and location of the massage establishment or business, the date, and reasons for which the permit was denied, suspended or revoked.

C. The applicant shall provide the police department with the current processing fee and with the authorization to conduct the necessary background investigations to determine the truthfulness and correctness of the information provided by applicant and whether the applicant is qualified pursuant to this chapter to receive the requested personal massage therapist permit.

D. The applicant shall date and sign the application under penalty of perjury that the information contained in the application is true and correct.

E. The applicant shall pay an application deposit fee at the time of filing an application pursuant to this section to pay for the administrative costs associated with the development services department's review of the application. If additional funds are necessary to cover the above costs, the applicant shall pay such additional costs to the city before further processing of the application may proceed. Any unused portion of the deposit shall be refunded to the applicant.

(Ord. 423 § 1, 2023)

§ 5.22.200 Outcall massage therapist permit application.

A. This section shall not apply to massage therapists and massage practitioners who are certified by the CAMTC. An application for an outcall massage therapist permit shall be made on a form provided by the city.

B. The following information and the following documents shall be submitted with all applications for an outcall massage therapist permit:

1. The applicant's legal name, any aliases and date of birth;

2. The jurisdictions and/or locations that the applicant plans to provide outcall massage therapist services;

3. The applicant's home and business address;

4. The name of applicant's current or proposed business;

5. The business telephone number applicant is using or plans to use as a contact telephone number for clients;

6. The previous home addresses of applicant for the ten (10) years prior to the filing date of the application and the dates of residency at each such address;

7. The names, addresses and descriptions of all current and former businesses owned, operated or managed by applicant for the ten (10) years prior to the filing date of the application and the dates applicant owned, operated or managed such business;

8. A recent photograph of the applicant;

9. The applicant's driver's license number, permit number, or identification number;

10. The applicant's social security number and/or state or federally issued tax identification number;

11. The applicant's fingerprints taken by the police department or other law enforcement agency within the previous sixty (60) days, and approved by the police chief;

12. Certified copy of the applicant's diploma or certificate of graduation from a recognized school of massage and a sealed certified transcript verifying that the applicant has completed at least two hundred fifty (250) hours of massage therapy training;

13. A certified statement from a physician licensed to practice medicine in the United States that provides that the applicant has, within sixty (60) days prior to filing date of the application, been examined by such physician and it has been determined that the applicant is free of any communicable disease which is capable of being transmitted to clients through the type of physical contact that is normally associated with the massage activities described in this chapter;

14. A list of all of applicant's convictions, excluding traffic violations;

15. A declaration signed under penalty of perjury by the applicant that provides that the applicant has not been convicted in this state and in any other state which, if committed or attempted in this state, would have been punishable as one or more of the following offenses: (a) pandering as set forth in California Penal Code Section 266(i), (b) keeping or residing in a house of ill-fame as set forth in California Penal Code Section 315, (c) keeping a disorderly house as set forth in California Penal Code Section 316, (d) prevailing upon a person to visit a place of illegal gambling or prostitution as set forth in California Penal Code Section 318, (e) lewd conduct as set forth in California Penal Code Section 647(a), or (f) prostitution activities as set forth in California Penal Code Section 647(a) or (b);

16. A declaration signed under penalty of perjury by the applicant that provides that the applicant is not required to register as a sex offender as set forth in California Penal Code Section 290;

17. A declaration signed under penalty of perjury by the applicant that provides that the applicant has not been convicted in this state and in any other state which, if committed or attempted in this state, would have been punishable as any felony offense involving the sale of any controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058;

18. A declaration signed under penalty of perjury by the applicant regarding whether the applicant has had any previous massage therapy establishment permit or any other massage permit issued pursuant to this chapter or any other similar massage permit ordinance of other jurisdiction, which was denied, suspended or revoked and if any such denial, suspension or revocation occurred, the applicant shall provide the name and location of the massage establishment or business, the date, and reasons for which the permit was denied, suspended or revoked;

19. A declaration signed under penalty of perjury by the applicant regarding whether the applicant has been a sole proprietor, general partner, officer, or director of any massage therapy business that has had any massage therapy establishment permit or any other massage permit issued under this chapter or any other similar massage permit ordinance of other jurisdiction, denied, suspended or revoked; If any such denial, suspension or revocation occurred, the applicant shall provide the name and location of the massage establishment, the date, and reasons for which the permit was denied, suspended or revoked.

C. The applicant shall provide the police department with the current processing fee and with the authorization to conduct the necessary background investigations to determine the truthfulness and correctness of the information provided by applicant and whether the applicant is qualified pursuant to this chapter to receive the requested outcall massage therapist permit.

D. The applicant shall date and sign the application under penalty of perjury that the information contained in the application is true and correct.

E. The applicant shall pay an application deposit fee of one hundred dollars ($100.00) at the time of filing an application pursuant to this section to pay for the administrative costs associated with the development services department's review of the application. If additional funds are necessary to cover the above costs, the applicant shall pay such additional costs to the city before further processing of the application may proceed. Any unused portion of the deposit shall be refunded to the applicant.

(Ord. 423 § 1, 2023)

§ 5.22.210 City manager's responsibilities.

The city manager or designee shall be responsible for granting or denying all massage therapy permits described in this chapter, and such permits shall only be granted or denied pursuant to the provisions described herein or any other applicable law.

(Ord. 423 § 1, 2023)

§ 5.22.220 Processing applications.

A. All applications shall be submitted to the development services department of the city.

B. Upon receipt of an application, proof of fingerprinting, and payment of the application deposit fee, the city shall immediately stamp the application as received on that date.

C. The filing of concurrent applications by a single individual for personal and outcall massage therapist permits shall require only one application deposit fee for both applications.

D. Not later than thirty (30) days after the city has received the application, the city shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant.

E. In the event the determination is made that the application is not complete, then the written determination shall specify those parts of the application that are incomplete and shall indicate the manner in which they may be made complete.

F. If the written determination is not made within thirty (30) days after receipt of the application, the application shall be deemed complete for purposes of this chapter.

G. After the application has been deemed complete, the application shall be submitted to the police department, planning division, building and safety division, fire department, and divisions thereof for their respective review and investigation to determine the accuracy of the information contained in the application and compliance with all applicable regulations.

H. Each department or division identified in this section shall submit their comments regarding their respective review and investigation of the subject application to the city manager or designee.

I. The city manager, or designee, shall grant or deny an application within sixty (60) business days of receipt of a complete application.

J. Upon the expiration of the sixtieth day after receipt of a complete application, if the city manager, or designee, has not provided written notice of denial or approval of the application to the applicant, the application shall be deemed tentatively granted and the applicant shall be excused from the requirement that a duly issued permit be posted at the premises until such time as a final decision is made on the subject application pursuant to this chapter.

(Ord. 423 § 1, 2023)

§ 5.22.230 Denial of application and grounds for denial.

A. An application for a massage therapy permit shall be denied upon a showing of any of the following:

1. The location of the business does not comply with all applicable zoning laws or the provisions of this chapter;

2. The configuration and/or proposed or actual construction of the premises, as set out in the sketch or plan submitted with the application, reveals a violation of an applicable health, fire, building, safety or zoning regulation or law of the federal government, State of California, County of San Bernardino, or ordinance of the city, including those set forth in this chapter;

3. The applicant or the prospective on-site manager, if other than the applicant, is not eighteen (18) years of age or older;

4. The application contains false information;

5. The applicant or the prospective on-site manager, if other than the applicant, did not receive a diploma or a certificate of graduation from a recognized school of massage which verifies that he or she has obtained the requisite number of hours of massage therapy training;

6. The applicant or the prospective on-site manager, if other than the applicant, officers, was convicted of at least one of the following offenses: (a) pandering as set forth in California Penal Code Section 266(i), (b) keeping or residing in a house of ill-fame as set forth in California Penal Code Section 315, (c) keeping a disorderly house as set forth in California Penal Code Section 316, (d) prevailing upon a person to visit a place of illegal gambling or prostitution as set forth in California Penal Code Section 318, (e) lewd conduct as set forth in California Penal Code Section 647(a), or (f) prostitution activities as set forth in California Penal Code Section 647(a) or (b);

7. The applicant, or the prospective on-site manager, if other than the applicant, was convicted in another state of an offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses set forth in California Penal Code Sections 266(i), 315, 316, 318, or 647(a) or (b);

8. The business owner, applicant, or the prospective on-site manager, if other than the applicant, is required to register as a sex offender as set forth in California Penal Code Section 290;

9. The applicant, or the prospective on-site manager, if other than the applicant, was convicted of a felony offense involving the sale of any one of the controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058; or

10. The applicant, or the prospective on-site manager if other than the applicant, was convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as a felony offense involving the sale of a controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058.

B. If the city manager, or designee denies the application, he or she shall notify the applicant of the denial in writing and state the reason(s) for the denial.

C. Any subsequent information submitted to cure the grounds of a denied application shall be treated as a new application.

(Ord. 423 § 1, 2023)

§ 5.22.240 Appeal of denial.

A. A complete and proper appeal of the denial of a permit application shall be filed with the city clerk within ten (10) calendar days of service of the letter denying the application. Any appeal not timely filed and fails to provide all of the information required by this section shall be deemed incomplete.

B. An applicant may contest the denial of an application for any permit, other than a special massage therapy permit or a temporary massage therapy permit, described in this chapter by filing an appeal that conforms to the following requirements:

1. All appeals shall be in writing and shall contain the following information: (a) name(s) of the person filing the appeal ("appellants"); (b) a brief statement in ordinary and concise language of the relief sought and the reasons why the permit should be issued; and (c) the signatures of all parties named as appellants and their mailing addresses.

2. A filing fee paid to the city at the time of the filing of the appeal. Any appeal filed without payment of the filing fee shall be deemed incomplete.

3. Not later than thirty (30) calendar days from the date the appeal is filed, the city clerk or designee shall determine whether the appeal is complete.

4. If the appeal is determined to be incomplete, the city clerk, or designee, shall immediately mail to the appellant a notice of incomplete filing with a written explanation of each reason why the appeal has been determined to be incomplete.

5. If service of the notice of incomplete filing is completed within ten (10) calendar days from the date the appeal is filed, the ten (10) calendar days' time period within which to file a completed appeal shall not be extended.

C. Failure to timely and properly file an appeal shall constitute a waiver of all rights to an appeal hearing.

D. As soon as practicable, after receiving the written appeal, the city clerk shall schedule a hearing before the city's hearing officer.

E. As soon as practicable, after scheduling the appeals hearing, the city clerk shall prepare a notice of appeals hearing ("hearing notice") which shall be in substantially the same form as follows:

"You are hereby notified that a hearing will be held before the hearing officer at __________ on the _____ day of __________, __________, at the hour of __________, to hear your appeal of the City Manager's denial of your massage permit application. You may be present at the hearing. You may be, but need not be, represented by an attorney. You may present any relevant evidence at the hearing."

F. In addition to any other public hearing notice requirements as may be required by any applicable law, the city clerk, or designee, shall cause a copy of the hearing notice to be provided to the appellant at least ten (10) days prior to the public hearing date either by causing a copy of the notice to be delivered to the appellant personally or by causing a copy of the notice to be delivered by certified mail, postage prepaid, return receipt requested, and addressed to the appellant at the address shown on the appeal.

G. Proof of service of the hearing notice shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made.

H. The declaration pertaining to the proof of service shall be affixed to a copy of the hearing notice.

I. The city clerk, or designee, shall cause a copy of the hearing notice to be provided to the city manager.

J. The city manager, or designee, shall prepare an appeal hearing packet for the hearing officer to review prior to the hearing.

K. The appeal hearing packet shall include a copy of the city manager's findings and decision on the application for the permit, a staff report, and any other relevant evidence.

L. The hearing officer shall review all relevant evidence and hear all relevant oral testimony submitted by, for and against the appellant and the appellant shall be provided with a reasonable opportunity to be heard on the matter at the public hearing.

M. The hearing officer shall consider at the appeal hearing only those matters or issues which were specifically raised by the appellant in his or her written appeal and which are relevant to the issues of the hearing.

N. The hearing officer has the authority to determine the relevance of any evidence to the hearing.

O. The hearing officer has the authority to exclude unduly repetitious and cumulative evidence, regardless of its relevancy.

P. The hearing officer shall not have the authority to waive any requirements of the municipal code and/or any applicable statutes, rules, codes, or regulations or to consider their constitutionality or validity.

Q. If the appellant fails to attend the scheduled appeal hearing, the appeal hearing shall proceed without the appellant and the appellant shall be deemed to have waived his or her rights to be orally heard at the hearing.

R. The hearing officer may take the following actions:

1. Reject the city manager's findings and determinations based upon the conclusion that the city manager misapplied the provisions of this chapter and reverse the city manager's decision;

2. Modify the city manager's findings and determinations to conform with the application of the provisions of this chapter and reverse or affirm the city manager's decision;

3. Accept the city manager's findings and determinations on the grounds that the city manager properly applied the provisions of this chapter to the appellant and application and affirm the city manager's decision; or

4. Remand the matter to the city manager with instructions to reconsider the application in light of new information presented to the hearing officer.

S. The hearing officer shall prepare a written notice of decision upon the appellant(s) and the city manager within thirty (30) calendar days from the date the public hearing is deemed closed.

T. The notice of decision shall state whether the city manager's decision has been either upheld in full or in part or rescinded in full or in part.

U. The notice of decision shall also contain a brief summary of the evidence considered, findings of fact, and the effective date of the decision.

V. The city clerk shall cause a copy of the notice of decision to be provided to the appellant(s) by causing a copy of the notice to be delivered to the appellant(s) personally or by causing a copy of the notice to be delivered to the appellant(s) by certified mail, postage prepaid, return receipt requested, and addressed to all the addresses shown on the application.

W. Proof of service of the notice of decision shall be certified at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the date and manner in which service was made.

X. The declaration regarding the notice of decision shall be affixed to a copy of the notice of decision.

Y. The decision of the hearing officer shall be final.

(Ord. 423 § 1, 2023)

§ 5.22.250 Current information.

During the effective duration of the permit, the permittee shall promptly update, correct, or supplement the information contained in his or her application on file with the city when necessary to keep the information contained therein current and accurate.

(Ord. 423 § 1, 2023)

§ 5.22.260 Outcall massage therapy—Client registration.

A. All outcall massage therapists shall maintain a client registration book or appointment book that shall include the following information:

1. First, middle, and last name of client;

2. Date and time of visit;

3. Address of location of the subject massage therapy services;

4. First, middle, and last name of personal massage therapist who administered massage service.

B. All client registration or appointment books shall be made available for inspection by the police department or other law enforcement agency upon written request of the police chief within three (3) working days of receiving such request.

C. A client registration or appointment books shall be maintained by permittee for each calendar year and shall be maintained by permittee for a period of three (3) calendar years.

(Ord. 423 § 1, 2023)

§ 5.22.270 Outcall massage service—Dress and identification.

A. All outcall massage therapists shall wear nontransparent outer garments covering their specified anatomical areas while performing any massage services authorized by their respective permit.

B. All outcall massage therapists shall wear badges that identify their first and/or last names.

C. All outcall massage therapists shall possess evidence of their permits and valid identification on their person at all times during the course of providing any services authorized by the subject permit.

(Ord. 423 § 1, 2023)

§ 5.22.280 Outcall massage therapists—Hours of services.

A. Outcall massage therapists are prohibited from providing massage services between the hours of ten p.m. and eight a.m.

B. Outcall massage therapists shall notify the manager of any lodging establishment at which services have been requested by a registered guest or guest of the registered guest of such lodging establishment prior to providing massage services to the registered guest or guest of the registered guest.

(Ord. 423 § 1, 2023)

§ 5.22.290 Prohibited activities.

A. Any and all employees, including any owner, operator or manager, of a massage therapy establishment and all outcall massage therapists and their clients are prohibited from exposing their specified anatomical areas (including the buttocks of the employee, owner, operator or manager) to each other during the course of the performance or administration of any service pursuant to a validly issued massage therapy permit.

B. Any and all employees, including any owner, operator, or manager, of a massage therapy establishment and all outcall massage therapists and their clients are prohibited from touching either their own or one another's specified anatomical areas during the course of the performance or administration of any service pursuant to a validly issued massage therapy permit.

C. Any and all employees, including any owner, operator, or manager, of a massage therapy establishment and all outcall massage therapists are prohibited from being in a state of full or semi-nudity (which includes exposure of the buttocks of any employee, owner, operator, or manager) during the course of the performance or administration of any service pursuant to a validly issued massage therapy permit.

D. Any and all employees, including any owner, operator, or manager, of a massage therapy establishment and all outcall massage therapists and their clients are prohibited from engaging in any specified sexual activities during the course of the performance or administration of any service pursuant to a validly issued massage therapy permit.

E. Any and all employees, including any owner, operator, or manager, of a massage therapy establishment and all outcall massage therapists shall be prohibited from performing or administering any massage services to a minor unless written permission is provided by the minor's parent or legal guardian.

F. Any and all employees, including any owner, operator, or manager, of a massage therapy establishment and outcall massage therapists shall be prohibited from performing or administering any massage services and charging any amount that is not posted on the list of services and charges.

G. No permittee shall employ any person under eighteen (18) years of age.

H. No permittee shall operate, maintain, run, or manage any massage therapy establishment or outcall massage therapy services under any business name not specified in the permit.

I. No permittee shall provide alcoholic beverages to clients either on the premises of a massage therapy establishment or during the course of providing any services as an outcall massage therapist.

J. No permittee shall be permitted to transfer or assign any permit issued pursuant to this chapter to another person, entity, or to another location which shall include another legal parcel or another address.

(Ord. 423 § 1, 2023)

§ 5.22.300 Exemptions.

A massage therapy permit shall not be required for therapists that are supporting a local athletic program or event when massage services are being provided to the participants of the event.

(Ord. 423 § 1, 2023)

§ 5.22.310 Transfer of ownership.

All transfers of ownership of any business operating pursuant to a permit validly issued pursuant to this chapter shall result in the automatic termination of the permit.

(Ord. 423 § 1, 2023)

§ 5.22.320 Relocation.

Relocation of any business operating pursuant to this chapter shall result in the automatic termination of the subject permit.

(Ord. 423 § 1, 2023)

§ 5.22.330 City business license required.

A. It is unlawful for any massage establishment to operate, or any independently employed certified massage practitioner or therapist to perform or engage in the practice of massage for compensation within the city, without obtaining a city business license.

B. In applying for a city business license, a massage establishment owner shall fill out an application and shall file along with the completed application a copy of the current and valid CAMTC certificate or a massage therapy permit issued by the city pursuant to this chapter possessed by every person who will be performing or engaging in the practice of massage at the massage establishment. In addition, massage establishment owners and operators who do not possess a current and valid CAMTC certificate are subject to a background check pursuant to Section 5.22.340, prior to the issuance of a city business license.

C. In applying for a city business license, a certified massage practitioner or therapist who will be independently employed shall fill out an application and shall file along with the completed application a copy of his or her current and valid CAMTC certificate or massage therapy permit issued by the city pursuant to this chapter.

D. Prior to the issuance of a city business license to any massage establishment or any independently employed certified massage practitioner or certified massage therapist, the police department shall make a reasonable investigation into the information provided in the application pursuant to California Business and Professions Code Section 4614.

E. No city business license shall be issued to a massage establishment that will employ or contract with one or more persons to perform or engage in the practice of massage without that person or persons possessing a current and valid CAMTC certificate, unless permitted under this chapter.

F. No city business license shall be issued to a person who wishes to perform or engage in the practice of massage for compensation within the city and who does not possess a current and valid CAMTC certificate, unless permitted under this chapter.

G. The city may deny a business license to any applicant who has provided materially false information in applying for a business license.

H. The chief of police may order that a business license required by this chapter be revoked pursuant to the procedures set forth in Section 5.22.350.

(Ord. 423 § 1, 2023)

§ 5.22.340 Massage establishment owners and operators.

A. Massage establishment owners and operators who do not possess a current and valid CAMTC certificate are subject to a background check prior to the city's issuance of a business license. If a massage establishment has multiple owners and operators each of those owners shall be subject to a background check and each shall be considered an "applicant" for purposes of applying for a business license.

B. Massage establishment owners and operators who are subject to a background check shall complete an application that requests information regarding topics including, but not limited to, the applicant's business, occupation, employment history for the five (5) years preceding the date of the application, and the name and address of any massage business or like establishment owned or operated by the applicant.

C. All massage establishment owners and operators who are subject to this section shall personally appear at the police department to be fingerprinted. The police department shall conduct, or shall cause to be conducted on its behalf, a background investigation of the applicant.

D. At the time of fingerprinting, the applicant shall pay to the police department a fingerprinting fee, and the cost of obtaining criminal history information and conducting a background investigation. Fees are set forth in the city's fee schedule in amounts established by resolution of the city council.

E. With respect to massage establishment owners who are subject to a background check, the chief of police shall determine, based on the background investigation and the information submitted with the application, whether a business license to operate a massage establishment in the city shall be issued. If the chief of police determines that the applicant is not qualified to operate a massage establishment, the chief of police shall inform the applicant in writing and specify the reasons for the denial. The city may deny a business license to a massage establishment owner for the following reasons:

1. The applicant has provided materially false information in applying for a business license.

2. Within five years immediately preceding the date of the filing of the application, the applicant has been convicted of, or pled guilty to, any of the following offenses: violation of Penal Code Sections 243.4, 261, 266a through 266j, inclusive, 267, 288, 314 to 316, inclusive, 318, 647(a), 647(b), 647(d), 647(i), or 647(j); any offense requiring registration under Penal Code Section 290 or Health and Safety Code Section 11590; any felony offense involving the possession, possession for sale, sale, transportation, furnishing, or giving away of a controlled substance specified in Health and Safety Code Sections 11054 to 11058, inclusive, as amended; any offense in another state which, if committed in California, would have been punishable as one or more of the offenses mentioned here; any offense involving the use of force or violence upon the person of another; or any offense involving theft, embezzlement, or moral turpitude.

3. The applicant has had a massage technician, massage establishment, or similar permit or license suspended within one year or revoked within three years immediately preceding the date of the filing of the application, unless the applicant can show a material change in circumstances or that mitigating circumstances exist since the revocation or suspension.

F. Any person aggrieved by the decision of the chief of police may appeal that decision to the city manager or designee by filing a notice of appeal within ten (10) days of being notified of the decision. The notice of appeal shall explain the reason(s) for the appeal. As soon as practicable after receiving the notice, the city manager's office shall set a date for the city manager to hear the appeal. The city manager shall render his or her decision within thirty (30) days of the conclusion of the hearing, unless the parties agree otherwise. The city manager shall notify the appellant in writing of the decision within ten (10) days of that decision being made. The city manager's decision shall be final.

G. The massage establishment owner shall be responsible for notifying the city when it hires a new operator for the massage establishment. Such notification shall be in writing and provided to the city within five (5) business days of the commencement of the new operator's employment. If the new operator is subject to a background check pursuant to this section, he or she shall have thirty (30) days from date of hire to submit the application required by this section, to personally appear at the police department for fingerprinting, and to pay all applicable fees.

(Ord. 423 § 1, 2023)

§ 5.22.350 Business license revocation.

A. The city manager may revoke approvals issued under this chapter for one or more of the following reasons:

1. The applicant practiced fraud or deceit in obtaining an approval under this chapter.

2. The massage establishment owner, operator, employee, or any person performing or engaging in the practice of massage, violated a provision or provisions of this chapter or of the Massage Therapy Act.

3. The facilities and operations of the massage establishment are not maintained in compliance with the provisions of this chapter, and the owner or operator has failed to promptly remedy any deficiency for which they have received a notice of violation. For purposes of this provision, "notice" means notice given personally to an owner or operator of the massage establishment; notice delivered to the massage establishment premises; or notice mailed to an address provided in the business license application.

4. The massage establishment has employed, allowed, or permitted a person who was not certified by the CAMTC to perform massage services at the massage establishment, unless otherwise permitted pursuant to this chapter's massage therapy permit requirements.

5. An independently employed certified massage practitioner or therapist is no longer in possession of a current and valid CAMTC certificate or permitted pursuant to this chapter's massage therapy permit requirements.

6. The approval was issued in error.

B. The city manager shall cause a notice of revocation to be mailed by first class certified mail, postage prepaid, to the address provided in the business license application.

C. A person issued a notice of business license revocation may request a public hearing on the issue by submitting a written request for such hearing to the city clerk within ten (10) days of the mailing of the notice. As soon as practicable after receiving the hearing request, the city manager's office shall set a date for the hearing before the hearing officer. At such hearing, all persons interested shall be given an opportunity to be heard. The public hearing shall take place before the hearing officer, who shall hear all facts and testimony he or she deems pertinent. The hearing officer shall not be limited by the technical rules of evidence.

D. Following the revocation hearing, the hearing officer may find that the facts do or do not support a revocation of a business license and may order that a business license be revoked if the facts justify such determination. The hearing officer shall render his or her decision within fifteen (15) days of the conclusion of the hearing, unless the parties agree otherwise. The hearing officer shall notify the licensee in writing of the decision. The decision of the hearing officer shall be final.

(Ord. 423 § 1, 2023)

§ 5.22.360 Reference applies to amendments.

Whenever a reference is made to any part of the municipal code or to any ordinance of the city, the reference applies to all amendments and additions now or hereafter made.

(Ord. 423 § 1, 2023)

§ 5.22.370 Computation of time.

A. The time in which any act provided by this chapter is to be done is computed by excluding the first day and including the last, unless the last day is a holiday that is also excluded.

B. If the last day for the performance of any act set forth in this chapter is a holiday, then the time in which to perform the act is extended to and including the next day which is not a holiday.

C. If the last day for the performance of any act provided by this chapter is Saturday or Sunday, then the time in which to perform the act is extended to and including the next Monday.

(Ord. 423 § 1, 2023)

§ 5.22.380 Renewal of permit.

A. All permits shall expire one (1) year from the date they are issued.

B. Applications for renewal of a permit shall be made thirty (30) days prior to the expiration date of the permit in accordance with the applicable application procedures set forth in this chapter.

C. The applicant shall pay a renewal application deposit fee of one hundred dollars ($100.00) at the time of filing a renewal application in addition to any necessary background investigation costs of the police department. Multiple permits held by a single individual can be renewed for a single application deposit fee. If additional funds are necessary to cover the above costs, the applicant shall pay such additional costs to the development services department before further processing of the renewal application may proceed. Any unused portion of the deposit shall be refunded to the applicant.

(Ord. 423 § 1, 2023)

§ 5.22.390 Nonconforming uses and permits.

A. All permittees legally permitted to engage in massage therapy business activities on the date this ordinance goes into effect, which are in noncompliance as a result of the enactment of this chapter shall be deemed legal nonconforming and will be allowed to continue operation provided they are in compliance with all limitations and requirements of their original permit except as noted below.

B. Any expansion of massage services beyond those specified in the original approval shall require a newly issued permit pursuant to this chapter.

C. All legal nonconforming individual permittees shall come into compliance with all licensing and operational criteria identified in this chapter by January 1, 2024.

D. All legal nonconforming establishment applicants and the prospective on-site manager(s), if other than the applicant, shall come into compliance with all licensing and operational criteria identified in this chapter by January 1, 2024.

E. All legal nonconforming establishments shall come into compliance with all licensing and operational criteria identified in this chapter by January 1, 2024.

(Ord. 423 § 1, 2023)

§ 5.22.400 Issuance of notice of violation.

Whenever the city or its representatives inspects a massage establishment and finds that any provision of this chapter has been violated, code enforcement division shall give notice of such violation. In any such notification, the code enforcement division shall:

A. Set forth the specific violation or violations found;

B. Establish a specific and reasonable period of time for the correction of the violation or violations. If the code enforcement division determines that the violation or violations are minor in nature, the code enforcement division may issue a warning to the permittee that any further violation of this chapter may result in the filing of a complaint for revocation or suspension of the permit; and

C. State that failure to comply with any notice issued in accordance with the provisions of this chapter may result in the code enforcement division filing a complaint for revocation or suspension of the permit under Section 5.22.410, or other legal action as permitted under applicable law according to the remedies under this chapter.

D. If a certified massage technician violates any of the massage technician operating requirement contained in this chapter, or any requirement of state law, the city manager may revoke the massage establishment license and the city may take such legal action as is deemed appropriate.

(Ord. 423 § 1, 2023)

§ 5.22.410 Massage therapy permit suspension and revocation.

A. A massage permit validly issued pursuant to this chapter shall be subject to suspension or revocation for the following reasons:

1. The permittee, any of its employees, or massage therapists working for permittee as independent contractors engages in any of the prohibited activities described in Section 5.22.290;

2. The permittee, any of its employees, or massage therapists working for permittee as independent contractors are convicted of any of the following: (a) pandering as set forth in California Penal Code Section 266(i), (b) keeping or residing in a house of ill-fame as set forth in California Penal Code Section 315, (c) keeping a disorderly house as set forth in California Penal Code Section 316, (d) prevailing upon a person to visit a place of illegal gambling or prostitution as set forth in California Penal Code Section 318, (e) lewd conduct as set forth in California Penal Code Section 647(a), or (f) prostitution activities as set forth in California Penal Code Section 647(a) or (b);

3. The permittee, any of its employees, or massage therapists working for permittee as independent contractors are convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses set forth in California Penal Code Sections 266(i), 315, 316, 318, or 647(a) or (b);

4. The permittee, any of its employees, or massage therapists working for permittee as independent contractors are required to register as a sex offender as set forth in California Penal Code Section 290;

5. The permittee, any of its employees, or massage therapists working for permittee as independent contractors are convicted of any felony offense involving the sale of any controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058;

6. The permittee, any of its employees, or massage therapists working for permittee as independent contractors are convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as a felony offense involving the sale of any controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058;

7. The permittee fails to provide information pursuant to Section 5.22.230;

8. A certified statement from the real property owner is received by the city indicating that the permittee is not authorized to operate, run, or manage a massage establishment on the subject premises;

9. The actual physical configuration of the premises does not conform with the sketch or diagram submitted with the approved application;

10. It is discovered by the city manager that information contained in the approved application was false;

11. Permittee has knowledge that a client has contracted a communicable disease such as tuberculosis or a sexually transmitted disease from the permittee, any of permittee's employees, or any massage therapists working for permittee as an independent contractor through physical contact with the permittee or permittee's employees during the course of providing massage therapy services pursuant to a massage therapy permit;

12. The permittee, any of permittee's employees or any massage therapists working for permittee as an independent contractor refuse to permit representatives of the city, including, but not limited to police department, development services/planning department, building and safety division, fire department, health department and divisions thereof, to inspect the premises of a massage establishment pursuant to Section 5.24.100;

13. The permittee fails to comply with any of the provisions or requirements set forth in this chapter.

B. The city manager shall cause a notice of revocation to be mailed by first class certified mail, postage prepaid, to the address provided in the permit application.

C. A person issued a notice of permit revocation may request a public hearing on the issue by submitting a written request for such hearing to the city clerk within ten (10) days of mailing of the notice. As soon as practicable after receiving the hearing request, the city manager's office shall set a date for the hearing where all persons interested shall be given an opportunity to be heard. The public hearing shall take place before the hearing officer, who shall hear all facts and testimony he or she deems pertinent. The hearing officer shall not be limited by the technical rules of evidence.

D. Following the hearing, the hearing officer may find that the facts do or do not support a revocation of a permit and may order that a permit be revoked if the facts justify such determination. The hearing officer shall render his or her decision within fifteen (15) days of the conclusion of the hearing, unless the parties agree otherwise. The hearing officer shall notify the licensee in writing of the decision. The decision of the hearing officer shall be final.

E. When the city has issued a notice of revocation, the city manager may order the permit suspended pending a hearing on appeal or the expiration of the time to appeal the notice of revocation.

(Ord. 423 § 1, 2023)

§ 5.22.420 Enforcement—Separate offense for each day.

Any person that violates any provision of this chapter may 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. 423 § 1, 2023)

§ 5.22.430 Public nuisance.

Any violation of this chapter is unlawful and a public nuisance. The city attorney may, in addition to or in lieu of prosecuting a criminal action, commence an action or proceeding for the abatement, removal or enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court(s) as may have jurisdiction to grant such relief as will abate or remove such businesses and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter.

(Ord. 423 § 1, 2023)

§ 5.22.440 Criminal penalties.

A. Any person who violates, causes, maintains, or permits another person to violate any provision of this chapter shall be guilty of a misdemeanor, however the city attorney may specify in accusatory pleadings that the offense shall be an infraction. Any person convicted of an infraction shall be subject to a fine to the maximum amount permitted by state law. Any person convicted of a misdemeanor shall be subject to punishment to the maximum permitted by state law. The conviction and punishment of any person in violation of this code shall not excuse or exempt such person from the payment of any license fees or penalties due or unpaid at the time of such conviction.

B. Pursuant to Government Code Section 36900(a), the city attorney may prosecute these violations in the name of the people of the State of California.

(Ord. 423 § 1, 2023)

§ 5.22.450 Civil fines.

A. Any person convicted of an infraction, for each separate violation of Sections 5.22.040(C), 5.22.120, 5.22.130, 5.22.140, 5.22.150, 5.22.170, 5.22.250, 5.22.260, 5.22.270, 5.22.280, and 5.22.290 of this chapter, shall be subject to: (1) a fine in an amount not to exceed two hundred fifty dollars ($250.00) for a first conviction of an offense; (2) a fine in an amount not to exceed five hundred dollars ($500.00) for a second conviction of the same offense within a twelve (12) month period from the date of the first offense; and (3) a fine in an amount not to exceed seven hundred fifty dollars ($750.00) for a third conviction of the same offense within a twelve (12) month period from the date of the first offense.

B. The fine for a fourth and subsequent convictions of the same offense within a twelve (12) month period of the date from the first offense shall be one thousand dollars ($1,000.00).

(Ord. 423 § 1, 2023)

§ 5.22.460 Civil injunction.

The violation of any provision of this chapter shall be and is declared to be contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief.

(Ord. 423 § 1, 2023)

§ 5.22.470 Administrative remedies.

A. In addition to the civil remedies and criminal penalties set forth above, any person that responsible for committing, causing, or maintaining any violation of this chapter may be subject to administrative remedies, as set forth by city ordinance.

B. Nothing in this section shall preclude the city from also issuing an infraction or misdemeanor citation upon the occurrence of the same subject offense on a separate day.

(Ord. 423 § 1, 2023)

§ 5.22.480 Additional remedies.

A. Any violation of Sections 55.22.040C, 5.22.120, 5.22.130, 5.22.140, 5.22.150, 5.22.170, 5.22.250, 5.22.260, 5.22.270, 5.22.280, and 5.22.290 of this chapter by the holder of any city permit and/or city license validly issued pursuant to this or any other chapter of the municipal code shall constitute grounds for modification, suspension and/or revocation of said permit and/or license pursuant to the provisions set forth in the municipal code.

B. Nothing in this chapter shall preclude the city from pursuing other remedies provided by city ordinance, uniform codes adopted by the city, or by state or federal law including, but not limited to, denial or revocation of certificates of occupancy, issuance of stop work orders and injunctive relief.

(Ord. 423 § 1, 2023)

§ 5.22.490 Regulations nonexclusive.

A. The provisions of this chapter regulating massage establishments are not intended to be exclusive, and compliance therewith shall not excuse noncompliance with any other regulation(s) pertaining to the operation of businesses as adopted by the city.

B. Nothing contained in this chapter shall be construed to exempt any person from complying with the provisions of any other applicable ordinance, rule, or regulation, or to exempt a massage establishment or independently employed certified massage practitioner or certified massage therapist from the provisions of any zoning, licensing, taxing, or other building ordinance, rule, or regulation.

(Ord. 423 § 1, 2023)