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5.74. 005 Applicability

Except as specifically provided in this Chapter, this Chapter shall apply to every Massage Therapy Business and its Responsible Massage Therapist(s) as defined in this Chapter.

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5.74. 010 Definitions

Certified Massage Therapist. A person who is State certified by the Massage Therapy Organization under subdivision (b) or (c) of California Business and Professions Code Section 4601 as may be amended, and who administers massage for compensation and is practicing consistent with the qualifications established by his or her certification.

Certified Sole Massage Proprietorship or Proprietor. Any Sole Proprietorship where the owner is a Certified Massage Therapist and is the only person employed by that business to provide massage therapy services.

Massage Therapist. Any person providing massage therapy services for compensation in compliance with all of the requirements of this Chapter, including but not limited to a Responsible Massage Therapist, Certified Massage Therapist, or non-certified massage therapist.

Massage Therapy Business. An establishment offering massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the State, other than by the Massage Therapy Organization, as part of a medical clinic. This definition excludes a gymnasium/health and fitness center, school, barber/beauty shop, or similar establishment where massage or similar manipulation of the human body is offered by an individual as an incidental or accessory service and does not occupy more than 25% of the gross floor area of the establishment. This definition also specifically excludes Adult Massage as defined in Section 17.04.060.

Responsible Massage Therapist. An on-premises Massage Therapist who has procured a business license as required under this Chapter and is identified in the business license as a person responsible for the routine on-premises conduct, management or supervision of the massage therapy business as set forth in this Chapter.

Sole Massage Proprietorship or Sole Massage Proprietor. Any massage therapy business where the owner is both the Responsible Massage Therapist and only person employed by that business to provide massage therapy services.

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5.74. 020 Massage therapy business location -- conditional use permit required .

Before any location and building may be used for the purposes of a massage therapy business, a Conditional Use Permit shall be obtained pursuant to Chapter 17.40 of the Zoning Code.

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5.74. 030 Massage therapy business -- business license required.

1. Every person owning or operating a massage therapy business in the City as defined in this section shall procure a business license as set forth in this Chapter, including an owner, manager or operator of a massage therapy business who does not practice massage therapy, and every designated Responsible Massage Therapist that will be responsible for managing or operating the business.
2. The massage therapy business shall at all times be managed or supervised by at least one (1) on-premises Responsible Massage Therapist who has procured a business license for such purpose as set forth in this Chapter.
3. Individual massage therapists that are non-managerial employees of a licensed massage therapy business and are not Responsible Massage Therapists shall not be required to obtain a massage therapy business license to engage in a massage therapy practice in the City.
4. Individual massage therapists that are independent contractors providing service at a massage therapy business and sole massage proprietors shall obtain a massage therapy business license as set forth in this Chapter.

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5.74. 040 Business license application

Every person desiring to obtain a business license as required by this Chapter shall make an application to the City Finance Department. The applicant shall provide all of the following:

1. The full name, residence address, business address, and telephone numbers of the applicant, and the name under which the proposed business is to be conducted;
2. The full name, business address, residence address, and telephone numbers of any copartners, excluding limited partners, of the applicant;
3. The full name, residence address, business address, and telephone numbers of the property owner, in which the business is to be located, and the written consent of said owner to the operation of the business or a copy of the lease for the premises executed by the owner evidencing such consent;
4. Applicant’s height, weight, color of eyes and hair, age, and date and place of birth;
5. A two-inch square photograph of the applicant taken within sixty (60) days immediately prior to the date the application is filed;
6. A statement in writing by the applicant that he or she certifies, under penalty of perjury, that all information contained in the application is true and correct;
7. Such other identification and information as the Police Chief may require in order to discover the truth of the matters set forth in the application, including the right to take fingerprints, any additional photographs or to confirm the height and weight of the applicant;
8. Record of any conviction of violation of law, excluding minor traffic violations;
9. The nature, name and place of applicant's business or employment during the five (5) years immediately preceding the date of the filing of the application;
10. Designated Responsible Massage Therapist(s) shall also provide all of the following:
    1. An annual certificate from a medical doctor stating that the applicant and any other massage therapist or massage technician employed or permitted to work by the applicant has, within sixty (60) days prior thereto, been examined and found to be free of any contagious or communicable disease;
    2. Evidence of training and maintenance of certification to practice CPR and First Aid from the American Heart Association, Red Cross, or the State of California; and
    3. Evidence of completion of a minimum of five hundred (500) hours of training in the theory, method, profession, and work of massage therapy from an approved school, evidenced by a diploma or certificate of graduation from an approved school as defined in under subdivision (a) of Business and Professions Code Section 6400.
11. If the applicant submits satisfactory evidence that the individual is (1) a Certified Massage Therapist or a Certified Sole Massage Proprietor, or (2) that all persons providing massage therapy service at the business, including the Responsible Massage Therapist(s), are State certified, then the applicant shall not be required to provide the information in subsections G through J above.

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5.74. 050 Investigation of application for business license.

Upon receipt of a complete application, it shall be forwarded to the Chief of Police who shall conduct an appropriate investigation to determine whether said license shall be issued in accordance with this chapter and shall provide said report to the Finance Department.

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5.74. 060 Conditions for issuance of business license.

The City shall issue or renew the business license only when all of following conditions are met:

1. A completed written application form has been filed;
2. The required application fee has been paid;
3. The applicant has complied with all provisions of this Chapter and of the Municipal Code;
4. The building and facilities are found to contain all of the elements necessary to comply with Section 5.74.070 and to comply with all of the health, zoning, fire, building and safety requirements and standards of the State of California and of the City;
5. The applicant has not made any false, misleading or fraudulent statement in the application or in any report or record filed therewith;
6. The applicant has not had a permit or license for a similar type business revoked by the City or any other jurisdiction within the past three years; and
7. A determination has been made by the Chief of Police that the applicant and any employee, agent, partner, director, officer, shareholder, associate, manager or any other person connected with the business for which the applicant is requesting a business license hereunder:
   1. Has not been convicted in a court of competent jurisdiction of a violation of Penal Code Sections 266I, 315, 316, 318, or 647(b);
   2. Has not been convicted in any other State of any offense which, if committed or attempted in this State, would have been punished as one or more of the above mentioned offenses; and
   3. Is not required to register under the provisions of Penal Code Section 290.
8. If the applicant submits satisfactory evidence that the individual is (1) a Certified Massage Therapist or (2) a Certified Sole Massage Proprietor, or that all persons providing massage therapy service at the business, including Responsible Massage Therapists, are State certified, then subsection G of this Section shall not apply, only to the extent that the information requested pertains to the person who is a Certified Massage Therapist.

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5.74. 070 Conduct of massage therapy business.

Every massage therapy business shall at all times be conducted in accordance with all of the following requirements:

1. The massage therapy business shall have at least one Responsible Massage Therapist on the premises during all operating hours;
2. Minimum lighting shall be provided in accordance with the Uniform Building Code;
3. All instruments used in massage shall be cleaned and disinfected;
4. Hot and cold running water, soap or detergent, and sanitary towels or air dryer shall be available on the premises;
5. Dressing facilities shall be provided for patrons;
6. Separate enclosed cabinets or containers shall be provided for storage of clean and soiled towels and linen;
7. Clean and sanitary towels and linens (washed in hot water a minimum of 140 degrees Fahrenheit) shall be provided for each patron of the business; and
8. Standard or portable massage tables or a mat suitable for shiatsu or acupressure shall be used. Foam pads more than four inches thick or with a width of more than four feet may not be used. Beds, mattresses, and water beds may not be used nor be present anywhere on the premises. (Ord. 09-1303,§1, Nov. 10, 2009; Ord. 97-1173 §2, 08/12/97)

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