HomeMy WebLinkAboutOrd 1997ORDINANCE NO. 1997
AN ORDINANCE OF THE CIry OF BURLINGAME AMENDING
CHAPTER 6.39 OF THE BURLINGAME MUNICIPAL CODE TO
ALLOW OFF-PREMISES MASSAGE BUSINESSES
(CEaA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA
GUTDELTNES SECTTONS 1s378, 15061(BX3))
WHEREAS, the CAMTC is not a government agency, but rather a non-profit public
benefit corporation consisting of civic leaders, law enforcement, massage professionals,
and other stakeholders as authorized by the Califomia Business and Professions Code.
To become CAMTC certified, a massage practitioner must be 18 years of age, pay a $200
fee, pass a background check which includes a fingerprinting and Live Scan, and show
proof of at least 500 hours of study at a CAMTC approved school, among other
requirements; and
WHEREAS, following the passage ot AB 1147, the Burlingame City Council
adopted Ordinance No. 1918 in August, 2015. This Ordinance addressed the shift in
regulatory authority back to the City, as well as the restrictions imposed by the state
regarding regulatory exemptions for CAMTC certified massage professionals; and
WHEREAS, prior to 2013, the City permitted both massage establishments and
off-premises massages, which was defined in the BMC as an "out call massage service;"
and
WHEREAS, at a public hearing on May 3,2021, the City Council received a staff
report contemplating whether off-premises massage businesses should once again be
allowed in the City. At this hearing, a majority of the City Council expressed interest in
allowing off-premises massage businesses to operate within City limits, so long as all
practitioners were CAMTC certified; and
WHEREAS, the City Council now wishes to expressly allow off-premises massage
businesses to operate in the City of Burlingame, and to regulate the operation of such
businesses.
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WHEREAS, the Govemor approved AB 1147 in September, 2014, which shifted
the regulatory oversight of massage businesses to local governments, and enacted
restrictions in that government's ability to regulate California Massage Therapy Council
(CAMTC) certified massage professionals within their jurisdiction. Specifically, this law
precluded a local govemment from requiring CAMTC certified massage practitioners to
pass any test, medical examination, or background check to practice massage therapy
in the jurisdiction; and
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
DOES ORDA]N AS FOLLOWS:
Section 1. The recitals set forth above are true and correct, and are hereby
incorporated herein by this reference as if fully set forth in their entirety.
Section 2. The City Council hereby finds that the proposed Ordinance is in the
public interest.
Section 3. Chapter 6.39 of the Burlingame Municipal Code is amended as
reflected in Exhibit A, attached hereto and incorporated herein by reference. Exhibit A
generally shows additions with underlined text and deletions with stdke-est{sd.
Section 4. The proposed Ordinance is not a project within the meaning of section
15378 of the CEQA Guidelines because it has no potential for resulting in physical change
in the environment, either directly or ultimately. ln the event that this Ordinance is found
to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA
Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility
of a significant effect on the environment.
Section 5. lf any section, subsection, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion
or sections of the Ordinance. The City Council of the City of Burlingame hereby declares
that it would have adopted the Ordinance and each section, subsection, sentence, clause
or phrase thereof inespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared unconstitutional.
Section 6. This Ordinance shall go into effect 30 days following its adoption.
Section 7. The City Clerk is directed to publish this ordinance in a manner
required by law.
Section 8. Section 3, Exhibit A, of this Ordinance shall be codified in the
Burlingame Municipal Code. Sections 1,2, 4, 5,6, 7, and 8 shall not be so codified
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Ann, O'Brien Keighran,r
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I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that
the foregoing ordinance was introduced at a regular meeting of the City Council held on
7h day of Septembet,2021 and adopted thereafter at a regular meeting of the City Council
held on the 20h day of September,2O2l by the following votes:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, O'BRIEN KEIGHRAN, ORTIZ
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
Meaghan Hassel - Shearer, City Clerk
ATTEST
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EXHIBIT A
Chapter 6.39 Massage Establishments
Sections
6.3g.oro Purpose.
6.39.o2o Definitions.
6.39.o3o State certification and city registration required.
6.39.o4o Grant of authority.
6.39.o5o Application for registration.
6.39.o6o Registration process.
6.39.o7o Appeal.
6.39.o8o Business license required.
6.39.o9o Exemptions from massage practitioner permit requirements.
6.39.roo Registration not entitlement to violate other laws.
6.39.flo Health and safety operating requirements.
6.39.r2o Display of signs and permits.
6.39.r3o lnspection by officials.
6.39.14o Revocation or suspension of permits.
6,39.15o Sale or transfer of establishment.
6.39.16o Notice of changes.
6.39.r7o Renewal of registration.
6.39.r8o Enforcement-Remedies cumulative.
6.39.010 Purpose.
It is the purpose and intent of the city council that the operation of massage services
and persons offering services therein, wherein the principal function is giving of
massages, as defined in this chapter, should be regulated in the interests of public health,
safety and welfare by providing minimum sanitation and health standards for such
establishments, and to ensure that persons offering services therein shall possess the
minimum qualifications necessary to operate such businesses and to perform such
services offered. lt is the city's intent to rely upon the uniform statewide regulations set
forth in Califomia Business and Professions Code Section 4600 et seq. lt is further
intended that these provisions provide a framework that is consistent with regulations
imposed by nearby communities on similar businesses. (Ord. 1894 S 2, (2013); Ord. 1918
s 1, (2015)
6.39.020 Definitions.
Forthe purpose of this chapter, the following words and phrases shall have the
meanings respectively ascribed to them by this section:
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(a) "Applicant" means any person or entity applying for registration from the city,
including each of the following persons: the responsible managing officeriemployee, a
general partner, a limited partner, a shareholder, a sole proprietor, or any person who has
a five (5) percent or greater ownership interest in a massage business whether as an
individual, corporate entity, limited partner, shareholder or sole proprietor.
(c) "Certificate of registration" means a certificate issued by the police department
upon submission of satisfactory evidence that an individual or business has a current and
valid state certification and has satisfied all other requirements pursuant to the provisions
of this chapter.
(e) "Certified massage business" means any business where the only persons
employed or used by that business to provide massage services have current and valid
state certifications.
(0 "Certified massage practitione/' means any person holding a current and valid
state certificate issued by the CAMTC pursuant to California Business and Professions
Code Section 4600 et seq., as amended.
(g) "Health office/' means the health officer of the county of San Mateo or the health
officer's authorized representative.
(h) "Massage" means any method of treating the external parts of the human body for
any form of consideration. This includes, but is not limited to, bathing, rubbing, pressing,
stroking, kneading, tapping, pounding, vibrating or stimulating with the hands, other parts
of the human body, or any instrument, with or without the aid of any instruments or
supplementary aids, such as oils and creams.
(i) "Massage establishment" means any business where massages, baths or health
treatments, involving massage, hot tubs, saunas, or baths as the principal function, are
given, engaged in or carried on, or permitted to be given, engaged in or carried on in any
manner described in this section.
0) "Massage practitione/' means any person who administers a massage within a
massage establishment for any form of consideration.
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(b) "Califomia Massage Therapy Council' means the message therapy organization
formed pursuant to Califomia Business and Professions Code Section 4600 et seq., as
amended, and referred to as CAMTC herein.
(d) "Certified" means any person holding a cunent and valid state certificate issued by
the CAMTC pursuant to Califomia Business and Professions Code Section 4600 et seq.,
as amended.
(k) "Off-oremises massaqe business" means anv massaqe business that is conducted
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(lm) 'Registered" means any individual or business having a cunent and valid
certificate of registration from the city, unless otherwise noted. (Ord. 1894 S 2, (2013);
Ord. 1918 S 1, (2015))
6.39.030 State certification and city registration required.
(a) lt is unlawful for any person to operate, engage in, conduct, carry on, or permit to
be operated, engaged in, conducted or canied on (as the owner of the business premises
or in any other capacity) in or upon any premises within the city, the business of a
massage establishment or an off-oremises mas all as defined herein,
unless the person has first been certified for such a business, and the certification remains
in effect in accordance with the provisions of this chapter.
(b) lt is unlawful for any person to act as a massage practitioner unless that person
has first registered with the city and the registration remains in effect in accordance with
the provisions of this chapter. (Ord. 1894 S 2, (2013); Ord. 1918 S 1, (2015))
6.39.040 Grant of authority.
The police chief or designated representative shall have the power and authority to
promulgate rules, regulations, and requirements consistent with provisions of this chapter
and other law in connection with the issuance of a certificate of registration. The police
chief may designate an employee of his or her department to make decisions and
investigations and take actions under this chapter. (Ord. 1894 $ 2, (2013); Ord. 1918 $ 1 ,
(2015))
Any person, except as herein otherwise provided, desiring to operate a massage
business, or to engage in the practice of giving massages, shall first file a registration
application to the police department on forms provided by the city. This application shall
contain all of the following:
(a) State Certification Veriflcation.
(1) The applicant and all massage practitioners currently employed or to be
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at locations other than at specified business premises maintained bv the business
operator for the purpose of orovidinq massaoe on the oremises.
(k!) "Person" means any individual, partnership, firm, association, corporation, joint
venture, or combination of individuals.
6.39.050 Application for registration.
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employed in the massage business shall produce in person all of the following
A valid and current state certification;
ii. A valid and cunent CAMTC issued identification card;
iv. With respect to the approved massage schools attended by the
applicant and all certified massage practitioners, certified copies of transcripts, a true and
conect copy of the diploma(s) issued, and cunent contact information of all school(s) the
certified massage practitioners attended;
v. lf the applicant is the owner of the business and a certified massage
practitioner, the applicant shall produce a sworn statement that the certified massage
business shall employ only certified massage practitioners;
(2) An applicant who is not certified and owns five (5) percent or more of the
business shall produce in person all of the following:
i. Name, residence, and telephone number;
ii. Acceptable proof that the employee is at least eighteen (18) years of
age;
Social Security number and driver's license, if any;
iv. The previous address of the applicant for the ten (10) years immediately
prior to the present address of the applicant;
v. Business, occupation or employment of the applicant for the ten (10)
years immediately preceding the date of application;
vi. Fingerprints (taken by the police department for criminal history
investigation) and three (3) portrait photographs at least two (2) inches by two (2) inches,
taken within the last sixty (60) days immediately prior to the date of the filing of the
application, showing the head and shoulders of the applicant in a clear and distinct
manner;
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iii. A cunent and valid driver's license or identification card issued by a
state, federal govemmental agency, or photographic identification bearing a bona fide seal
by a foreign govemment;
vi. A list of other jurisdictions where massage registration certificates or
similar licenses are held, and a statement as to whether any of those certificates or
licenses have been revoked or suspended along with a description of the reasons for such
revocation or suspension.
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vii. Whether the applicant has ever been convicted of any crime, except
misdemeanor traffic violations. For each such conviction, a statement shall be made
giving the place and court in which the conviction occuned, the specific charge under
which the conviction was obtained and the sentence imposed as a result of the conviction;
viii. Whether any previous person while employed by the applicant has been
convicted in a court of competent jurisdiction of an offense involving conduct which
requires registration under Califomia Penal Code Section 290, or a violation of Sections
266(i), 31 1 through 311 .7 ,314,315, 316, 318, 318.5, 318.6, or 647(a), (b), (d), (h), (i), or
(k) of the Penal Code;
ix. A list of other jurisdictions where massage registration certificates or
similar licenses are held, and a statement as to whether any of those certificates or
licenses have been revoked or suspended along with a description ofthe reasons for such
revocation or suspension.
(b) General Business lnformation.
(1) The full true name under which the business will be conducted.
(2) The present or proposed address where the business is to be conducted. lf the
application is for an off-0remrses massaqe business, then the address at whiel the
business itself is operated.
(3) A complete description of all services to be provided.
(4) The name and address of any massage business or other like business owned
or operated by any person whose name is required to be given pursuant to this section.
(5) A description of any other business to be operated on the same or adjoining
premises, owned or controlled by the applicant.
(6) The contact information of the owner and lessor of the real property, if any,
upon or in which the business is to be conducted.
(7) A true and complete copy of any lease associated with the premises.
(8) lf the applicant is a corporation, the applicant shall provide certified copies of
the Articles of lncorporation and Bylaws, along with the name and residence addresses of
each of its cunent officers and directors, stockholders holding more than five (5) percent
of the stock of that corporation, and its registered agent for receipt of process.
(9) lf the applicant is a partnership, the applicant shall provide the names and
residence address of each of the partners, including limited partners. lf the applicant is a
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limited partnership, it shall fumish a copy of its certificate of limited partnership as filed
with the county clerk. lf one or more partners is a corporation, the provisions of this
subsection pertaining to corporate applicants shall apply to the corporate partner.
(c) Such other identification and information necessary to discover the truth of matters
hereinbefore specified as required to be set forth in the application.
(d) A separately signed waiver and release authorizing the city and its authorized
agents, and employees to obtain information and to conduct an investigation into the truth
of the statements made on the application.
(e) A signed statement that the owner/applicant shall be responsible for the conduct
of all employees or independent contractors working on the premises of the business and
that failure to comply with Califomia Business and Professions Code Section 4600 et seq.,
with any local, state, or federal law, orwith the provisions of this chapter may result in the
suspension or revocation of the certificate of registration.
(0 Payment of All Appropriate Fees. A registration fee, if applicable, shall be set by
resolution of the city council and shall be required only for background check for those
applicants of a certified massage business who are not state certified and own five (5)
percent or more of the certified massage business. A registration fee shall not be charged
to certified applicants. (Ord. 1894 S 2, (2013); Ord. 1918 S 1, (2015))
6.39.060 Registration process.
Registration with the city is required in orderto conduct a massage business. lnitial
registration shall be for a period of two (2) years, subject to renewal as described below.
(a) The police department shall issue a certificate of registration to any certified sole
proprietorship that demonstrates all of the following:
(1 ) That the operation, as proposed by the applicant, if permitted, complies with all
applicable laws, including, but not limited to, the city's building, zoning, business license,
and health regulations. lf a fixed location for the massage business is proposed, no
registration certificate shall be granted for a new massage establishment opening within
three hundred (300) feet of an existing massage establishment. (Registered massage
establishments in existence as of the effective date of the ordinance codified in this
chapter that are in compliance with the provisions of this chapter are permitted to remain
in their current locations, subject to all otherwise-applicable restrictions.)
(3) The owner holds a valid and current state certificate issued pursuant to
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(2) The owner is the only person employed or used by that business to provide
massage services.
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Chapter 10.5 of the Califomia Business and Professions Code and that the
owner/applicant is the same person to whom the CAMTC issued a valid and cunent state
certificate and identifi cation card.
(4) That the applicant has not made a material misrepresentation in this
application or with respect to any other document or information required by the city with
respect to this application or for an application for a city massage permit under applicable
law within the last ten (10) years.
(b) The police department shall issue a certificate of registration to a certified
massage business that demonstrates all of the following:
(2) The owner holds a valid and cunent state certificate issued pursuant to
Chapter 10.5 of the Califomia Business and Professions Code and that the
owner/applicant is the same person to whom the CAMTC issued a valid and current state
certificate and identifi cation card.
(3) The massage business employs or uses only state certified massage
practitioners whose certifications are valid and current and that owners of the state
certificates are the same persons to whom CAMTC issued valid and cunent identification
cards.
(4) That the applicant has not made a material misrepresentation in this
application or with respect to any other document or information required by the city with
respect to this application or for an application for a city massage permit under applicable
law within the last five (5) years.
(5) That the background check for any applicanVowner authorized by this chapter
shows that such person has not been required to register under the provisions of Section
290 of the California Penal Code; within five (5) years preceding the application had a
conviction in court of competent jurisdiction for any of the crimes identified in Section
4.40.050(AX1)(dXviXA) through (G) herein; has not had an individual or business permit
or license with any agency, board, city, county, tenitory, or state, denied, revoked,
restricted, or suspended within the last five years; and has not been subject to an
injunction for nuisance under Penal Code Sections 1 1 225 through 1 1235 within the last
five (5) years. (Ord. 1894 S 2, (2013); Ord. 1918 S 1, (2015))
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(1) That the operation, as proposed by the applicant, if permitted, complies with all
applicable laws, including, but not limited to, the city's building, zoning, business license,
and health regulations. lf a fixed location for the massage business is proposed, no
registration certificate shall be granted for a new massage establishment opening within
three hundred (300) feet of an existing massage establishment. (Registered massage
establishments in existence as of the effective date of the ordinance codified in this
chapter that are in compliance with the provisions of this chapter are permitted to remain
in their current locations, subject to all otherwise-applicable restrictions.)
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6.39.070 Appeal.
lf registration or renewal is denied, applicant has thirteen (13) calendar days from the
date of mailing the denial notice within which to appeal by filing a written application for a
public hearing with the clerk of the city. The written appeal application must state the
grounds on which the applicant objects to the denial of the registration or renewal. Notice
and a public hearing shall be given as follows:
(a) Upon receipt of the appeal, the city clerk shall set the matter for hearing before a
hearing officer, as designated by the city manager, who may be an independent hearing
officer retained by the city or a city department head other than the city attomey or chief of
police, as soon as is practicable and shall give written notice of the hearing to the
applicant at the applicant's address set forth in the appeal by first class mail at least thirty
(30) days prior to the hearing date, unless an earlier date is set by mutual agreement of
the city and appellant. The date for the appeal hearing may be modified upon the request
of the applicant or upon consultation and agreement between the applicant and the city.
The appeal hearing shall be public, and notice ofthe scheduled hearing shall be provided
in the same manner as for appeals of decisions of the planning commission.
(c) All findings of the hearing officer shall be final and conclusive upon the applicant.
(Ord. 1894 S 2, (2013); Ord. 1918 S 1, (2015); ord. 1e67 S 1, (2019))
6.39.080 Business license required.
At the time of an initial application for an operator's permit, applicant shall also apply for
and furnish the information necessary to obtain a business license as required by Chapter
6.04 of this code. No business license shall be issued until the investigation under this
chapter is completed. The business license shall then be issued upon payment of the
business license fee as provided in Chapter 6.04 of this code. The business license fee
shall be commensurate with the business license fee charged to other professionals as
established by this code. (Ord. 1894 S 2, (2013); Ord. 1918 S 1, (2015))
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(b) On the date set, the hearing officer shall hear the matter, and may continue it from
time to time before reaching a decision. The proceedings before the hearing officer shall
be informal and the rules of evidence shall not apply. However, the applicant and any
interested parties may present such evidence as they deem appropriate, provided it
complies with any procedures set forth by the council for appeals. lf the hearing officer
finds that the applicant has satisfactorily met all of the requirements of this chapter, she or
he shall order the issuance of the registration and business license. lf she or he finds that
the requirements have not been met satisfactorily, she or he shall deny the registration.
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6.39.090 Exemptions from massage practitioner permit requirements
The massage practitioner registration required by this chapter shall not apply to the
following:
(a) Physicians, surgeons, chiropractors, osteopaths, acupuncturists, nurses and
physical therapists, and occupational therapists duly licensed to practice in the state of
Califomia, but only when engaged in the practice for which they are so licensed and in
accordance with the terms of the licensing.
(b) Employees of hospitals, nursing homes, sanitariums, or other health care facilities
duly licensed by the state of California, but only when engaged in the scope of their
employment, and only at their place of employment at the health care facility, and only
within the scope of and in conformance with the state license.
(c) Cosmetologists or barbers who are licensed by the state of Califomia, but only
when engaged in the practice forwhich they are so registered and in accordance with the
terms of the registration.
(e) Trainers of semi-professional or professional athletic teams, but only while acting
within the scope of employment to the team. (Ord. 1894 S 2, (2013); Ord. 1918 $ 1,
(2015))
6.39.100 Registration not entitlement to violate other laws
The issuance of a certificate under this chapter shall not entitle the registrant to engage
in any business or practice which for any reason is in violation of any law or ordinance and
shall not entitle the holder thereof to carry on any business or practice unless he or she
has complied with all the requirements under the other ordinances of the city and all other
applicable laws, nor shall it entitle the registrant to carry on any business in any building or
on any premises designated in such permit in the event that such business or premises
are situated in a zone or locality in which the conduct of such business is a violation of any
law. (Ord. 1894 S 2, (2013); Ord. 1918 S 1, (2015))
6.39.1 10 Health and safety operating requirements.
Where applicable state laws, as they may be amended from time to time, directly
conflict with the following, the state provisions shall prevail. Otherwise, all massage
establishments shall be subject to periodic inspection by the city for compliance with the
(d) Accredited elementary school, high school, or college coaches and trainers
employed by a elementary, high school, or college, but only while acting within the scope
of employment to the school.
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following:
(b) All persons shall only provide massages between the hours of 7:00 a.m. and 9:00
p.m. The hours stated here are the maximum permitted hours, actual hours may be further
limited by applicable zoning or use permit restrictions. All massage activities must be
completed within business hours. Patrons and visitors shall be permitted in the massage
business only during hours of operation. The hours of operation shall be displayed in a
conspicuous public place in the reception area and in any front window clearly visible from
outside of the massage business. Massages commenced prior to 9:00 p.m. must conclude
at that hour, regardless of the duration of the massage.
(c) No massage business shall place, publish, or distribute any advertising matter that
depicts any portion of the human body that would reasonably suggest to prospective
clients that any service is available other than those services listed pursuant to this
section. Nor shall any massage business employ language in the text of such advertising
that would reasonably suggest to a prospective client that any service is available other
than those services listed pursuant to this section.
(d) All employees in a massage establishme nt (includinq off-ore mrse massaoe
businesses) and massa ge practitioners shall perform their work fully clothed, be clean and
wear clean outer garments whose use is restricted to the establishment. Massage
wear CAMTC-provided identification while on the premises. lfpractitioners shall
conductinq an off-oremises massaqe, the p ractitioner must show their CAMTC-orovided
identification to th e oatron prior to conductinq any massaoe activitv. Doors to dressin s
rooms, bathing rooms, and treatment rooms shall open inward, and shall not be locked.
Draw drapes, curtain enclosures, or accordion-pleated closures are acceptable on all
inner dressing and treatment rooms in lieu of doors.
(e) All establishments shall be provided with clean, laundered sheets and towels in
sufficient quantity and shall be laundered after each use thereof and stored in closed,
sanitary cabinets. Heavy white paper may be substituted for sheets provided that such
paper is used only once for each person and then discarded into a sanitary receptacle.
Sanitary approved receptacles shall be provided for the storage of all soiled linens.
(f) At least one entrance door allowing access to the establishment and any building
it may be in, shall remain unlocked during business hours; notwithstanding this provision,
the facility shall also comply with exiting and entrance requirements of other applicable
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(a) A massage establishment shall post a list of services, including prices, in readily
understood language in an open, public place on the premises of the establishment. No
owner, operator, responsible managing employee, manager, employee, contractor, or
registrant shall permit nor offer any massage services on the premises other than those
posted on the list. A massaqe therapist for an off-oremises massaqe business shall
provide to clients and to the oublic upon reouest the list of services described in this
oaraqraph.
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laws and regulations. Where there is only one employee or a sole proprietor on site,
entrance doors may be locked. All premises and facilities shall be maintained in a clean
and sanitary condition, and shall be thoroughly cleaned each day of operation. The
premises and facilities shall meet all code requirements of the city as to safety of the
structure.
(g) Minimum lighting shall be at least one sixty (60) watt light in each enclosure where
massage services are performed. The light switch forthe interior lights in such enclosure
will be within the enclosure. There shall be no light in the enclosure that is operated from
outside the enclosure. There shall be no sound device (i.e., buzzer or bell) than can be
operated from outside the massage enclosure.
(h) Secure dressing and locker facilities shall be provided for patrons. Security deposit
facilities for the protection of valuables of the patrons shall also be available.
(i) No massage building located in a building or structure with exterior windows
fronting a public street, highway, walkway, or parking area shall block visibility into the
interior reception and waiting area through the use of curtains, closed blinds, tints, or any
other matedal that obstructs, blurs, or darkens the view into the premises.
(j) Each massage establishment shall keep a written record of the date and hour of
each treatment; the name of the massage therapist administering the treatment; and the
type of treatment administered recorded on a patron release form. Such written record
shall be open to inspection only by officials charged with the enforcement of this chapter
and for no other purpose. Such records will be kept on the premises of the massage
establishment for a period of two (2) years from the date of service.ln the of an off-
remises massa business the rm h ll maintain the above cified records
the business address orovided bv the oermittee on the busines s oermit aoolication.
(k) All establishments shall comply with the following minimum standards of conduct:
(1) No employee, contractor, or massage practitioner shall make any intentional,
occasional, or repetitive contact with the mouth, genitals, anus, or breasts of another
person in the massage establishment or while providing massage services.
(2) No person afflicted with an infection or parasitic infestation transmissible to a
patron shall knowingly massage a patron, or remain on the premises of a certified
massage business while so infected or infested.
(3) All persons on the massage establishment premises must be clothed in non-
transparent clothing at all times that shall not expose their genitals, pubic area, or
buttocks, or for any operator of a massage business to allow prohibited dress. Massage
clients cunently receiving a massage shall have appropriate draping to cover female
breasts and genital and pubic areas. (Ord. 1894 S 2, (2013); Ord. 1918 S 1, (2015))
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6.39.120 Display of signs and permits
No person registered pursuant to this chapter shall begin operations until a
recognizable and legible sign has been posted at the main entrance to the business
premises. All certificates of registration and shall be posted within the establishment in a
location immediately available for inspection for representatives of the city. No person
granted a registration pursuant to this chapter shall operate under any other name or at
any other location than that specified in the certificate of registration. except that off-
oremises massaoe busin esses mav ooerate at other locations within the C itv sub ect to
the requlations in this Chapter. All si gns must be in compliance with applicable sign
ordinances. (Ord. 1894 S 2, (2013); Ord. 1918 S 1, (2015))
6.39.130 lnspection by officials.
The investigating officials of the city, including the health officer, shall have the right to
enter the premises from time to time during regular business hours for the purpose of
making reasonable inspections to observe and enforce compliance with the provisions of
this chapter and building, fire, electrical, plumbing or health regulations. (Ord. 1894 $ 2,
(2013);ord.1918 S 1, (2015))
6.39.140 Revocation or suspension of permits.
(a) Certificates of registration may be suspended or revoked or renewal may be
denied upon any of the following grounds:
(1 ) A practitioner is no longer in possession of current and valid CAMTC
certification. This subsection shall apply to a sole proprietor or a person employed or used
by a massage business to provide massage.
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(2) An owner or sole proprietor: is required to register under the provisions of
California Penal Code Section 290 (sex offender registration); is convicted of California
Penal Code Section 266i (pandering), 31 5 (keeping or residing in a house of ill-fame), 316
(keeping disorderly house), 318 (prevailing upon person to visit a place for prostitution),
647(b) (engaging in or soliciting prostitution), 653.22 (loitering with intent to commit
prostitution), 653.23 (supervision of prostitute); has a business permit or license denied,
revoked, restricted, or suspended by any agency, board, city, county, tenitory, or state; is
subject to an injunction for nuisance pursuant to Califomia Penal Code Sections 11225
through 1 1235 (red light abatement); is convicted of a felony offense involving the sale of
a controlled substance; is convicted of any crime involving dishonesty, fraud, deceit,
violence, or moral turpitude; or is convicted in any other state of an offense which, if
committed in this state, would have been punishable as one or more referenced offenses
in this subdivision.
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(3) The city determines that a material misrepresentation was included on the
application for a certificate of registration or renewal.
(4) Violations of any of the following occurred on the premises of a massage
business n n tf-remrses massa e or were committed by a practitioner: Califomia
Business and Professions Code Section 4600 et seq.; any local, state, orfederal law; or
the provisions of this chapter.
(b) Prior to the suspension or revocation or refusal of renewal of any permit issued
under this chapter, the registrant shall be entitled to a hearing before the city manager or
the manager's designated representative, at which time evidence will be received for the
purpose of determining whether or not the registration shall be suspended or revoked or
renewal refused or whether the registration may be retained. ln the event the registration
is suspended or revoked or renewal refused, the notification of the reasons for such
suspension or revocation shall be set forth in writing and sent to the registrant by means
of first class mail. The manager may impose conditions or restrictions on the registration in
lieu of suspension or revocation to attempt to eliminate violations or nuisances that have
been found.
6.39.150 Sale or transfer of establishment.
6.39.160 Notice of changes.
All persons registered pursuant to this chapter shall report immediately to the city
finance department and the police department all changes of residence or business
address or change of ownership of the establishment or service. Failure to give such
notice within fifteen (15) days of the event shall render the registration null and void. (Ord.
1894 S 2, (2013); ord. 1918 S 1, (2015))
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(c) ln the event of suspension or revocation of any registration, the registrant may
appeal to the city council in the manner as provided in Section 6.39.070. (Ord. 1894 $ 2,
(2013);ord.1918 S 1, (2015))
Upon sale, transfer or relocation of a massage establishment, the registration shall not
be transferable without the written approval of the chief of police and the finance director.
An application for such a change shall be accompanied by a nonrefundable filing and
investigation fee as established by resolution adopted by the city council from time to time
and provide all of the information required in Section 6.39.040. (Ord. 1894 S 2, (2013);
Ord. 1e18 S 1, (2015))
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6.39.170 Renewal of registration.
A registration certificate issued under this section shall be valid for two (2) years from
the date of issuance. Sixty (60) days prior to the expiration of a current registration
certificate, the certificate holder must submit a renewal request to the police department,
updating any information from the last submission. lf the police department is unable to
make a determination on the renewal request within the remaining term of the certificate,
the certificate shall not expire while the police department is in the process of evaluating
the request.
lf an application for renewal of a city registration certificate and all required information
is not timely received and the certificate expires, no right or privilege to provide massage
shallexist. (Ord. 1894 S 2, (2013); Ord. 19'18 S 1, (2015))
6.39.1 80 Enforcement-Remedies cumulative.
The remedies provided for in this chapter are cumulative and are in addition to existing
enforcement mechanisms, including those provided in Title 1 of this code and those
available under applicable state and federal law. (Ord. 1918 S 1, (2015)
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