HomeMy WebLinkAbout1997-06-10 City Council (4)TO:
ATTENTION:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
POLICY AND SERVICES COMMITTEE
2
FROM:CITY MANAGER DEPARTMENT: POLICE
AGENDA DATE: June 10, 1997 CMR:273:97
SUBJECT:ORDINANCE REPEALING CURRENT CHAPTER 4.54 AND
ENACTING REVISED CHAPTER 4.54 OF THE PALO ALTO
MUNICIPAL CODE RELATING TO MASSAGE
Staff requests Council approval of the attached ordinance repealing Palo Alto’s current
Municipal Code Chapter 4.54 regulating massage and adopting a revised Chapter 4.54. The
revisions are necessary in order to bring the City’s regulations in line with those of surrounding
agencies, to ensure that legitimate massage practfioners are protected and to .assist in continued
efforts of preventing illicit businesses from operating within the City.
RECOMMENDATIONS
Staff recommends that Council adopt the attached ordinance that repeals the current Chapter
4.54 of the Palo Alto Municipal Code regulating massage and enacts the revised Chapter 4.54.
POLICY IMPLICATIONS
Under the current ordinance, massage establishments "are allowed only in certain locations
within the City. Specifically, they are prohibited from being within 250 feet from a school or
residential districts and must be at least 1,200 feet from other massage establishments, adult
entertainment, cardrooms and hot tub establishments. Also, the current ordinance expressly
prohibits only massage establishments from providing outcall massage services but does not
prohibit individual practitioners from providing outcall massage services. As a result, some
practitioners are currently licensed to provide outcall services. Approval of the revised
ordinance would result in a policy change that would eliminate the distance requirements for
establishments and allow for home massage services and off-premises massage according to
specific conditions and regulations.
CMR:273:97 Page 1 of 9
BACKGROUND
In 1976, Council adopted the current ordinance regulating massage establishments and
technicians. The ordinance was changed at that time after significant problems and subsequent
red light abatement procedures were used to close numerous massage establishments that were
concentrated primarily along E1 Camino Real in the southern portion of the City. Illegal
activities associated with the establishments at that time included prostitution, gambling,
assaults, robbery and thefts.
During the last 20 years, massage has become a valuable service provided to the public for
health and therapeutic purposes. The number of people who require or desire massage services,
together with the number of different massage modalities and techniques, has increased
significantly. These changes have resulted in an enhanced recognition of massage practitioners
as legitimate professionals in their own right.
While there has not been any recurrence of the problems identified in the mid-1970s with the
currently permitted massage establishments in Palo Alto, staff believes changes to the current
ordinance are warranted for several reasons. First, based upon the experience of other cities and
their establishments and some incidents in Palo Alto involving individual massage practitioners,
the link between, massage and prostitution and other illegal activities unfortunately still exists.
Other cities have recently revised and/or adopted new ordinances that have provided greater
safeguards against such illegal activities. Palo Alto’s vulnerability and exposure to these
activities are enhanced if similar changes are not made to the current ordinance. Secondly, with
the increase in the popularity of legitimate massage, staff has learned that a number of people
prefer to receive massage services in the privacy of their own home or that of the massage
practitioner. Becanse this practice is generally prohibited under the current ordinance, a number
of practitioners are presently operating in the City illegally. Thirdly, the State currently does
not regulate or provide standards for massage practitioners and leaves this task up to individual
municipalities. This report provides detailed information about these issues; a comparison
reference to other cities’ ordinances; the process staff has used to work with members of the
massage community to develop the proposed ordinance; a summary of the major changes
presented in the proposed ordinance; and information regarding proposed massage-related fee
changes. ¯
Over about the last five years, numerous Bay Area cities have been experiencing an increase
of illegal activities, predominantly prostitution, associated with massage establishments
operating within their jurisdictions. In response, cities have enacted new massage regulations
or amended existing ordinances for the purpose of establishing minimum standards for
CMR:273:97 Page 2 of 9
practitioners and preventing illicit operations from occurring within their boundaries.
(Attachment 1 is a smmnary of other cities’ ordinances and regulations governing massage.)
Cities including Santa Clara, Mountain View, and Los Altos were prompted to tighten up on
their massage regulations a few years ago when they began observing an influx of requests to
open massage establishments as the result of neighboring cities becoming more restrictive on
their controls and regulations. A number of applicant background checks revealed criminal
histories, including prostitution and drug offenses. The Cities of Fremont and San Mateo
observed an increase in prostitution in their already existing massage establishments that led
them to also tighten up on .their control. The general trend that most cities have taken include
requirements for more training for practitioners and some mechanism to test permit applicants’
basic level of knowledge and understanding of massage practices. -
Without question, the great majority of Palo Alto massage practitioners are professional and
legitimate. There are two businesses in Palo Alto that are licensed as massage establishments
and one licensed as a Hot/Tub Sauna Establishment. All three have been in business for a
number of years and are recognized as valuable assets to the community and have established
a reputation for their professionalism. There have not been any reported incidents of illicit or
illegal activities at these businesses. However, staff has received complaints and conducted
investigations for criminal offenses that have occurred over the past few years under the guise
of massage in our community. Staff believes the ordinance adopted over 20 years ago does not
provide enough protection for members of the community and leaves the City vulnerable to this
type of activity.
Additionally, staffhas been made aware that there are a number of massage practitioners in the
City who have been providing massage services out of their homes and at other locations that
are prohibited under the current ordinance. Based upon the information staff has received, most
of these practitioners are professional and provide a valuable service to community members.
In order to legitimize their work, while at the same time providing some control over their
operation, staff believes a change in the ordinance is needed to allow for this type of activity
to occur under specific conditions.
Unlike chiropractors, physical, therapists, ’ barbers, beauticians, aesthetieians and manicurists,
who must not only pass state competency boards in order to obtain state licensing, but who must
receive a minimum of anywhere from 400 to 1,600 hours of instruction depending upon their
license requirements, there are not any state laws directly regulating those who practice massage
in California. While many other states have established educational standards (see Attachment
2), California has not established any minimum standards an individual must meet in order to
represent themselves as a massage professional. California does not have a massage board or
CMR:273:97 Page 3 of 9
state licensing agency. Massage schools in the State which do issue certificates of Completion
are regulated by the Council for Private Postsecondary and Vocational Education (CPPVE).
This Council does not fill the void left by the lack of a state massage board or state licensing
and actually serves more as a student consumer protection agency. They do not set any
minimum hours for a course of massage, nor any curriculum standards. They oversee
approximately 2,500 approved schools, and generally carry an investigative caseload of 500
schools operating without approva!. Two CPPEV investigators provide statewide coverage.
Bay Area law enforcement personnel involved in the oversight of massage have been concerned
that a few massage schools are sometimes selling certificates of completion to some people who
have not actually attended class or received instruction. This matter has been brought to the
attention of CPPEV staff. The lack of massage curriculum standards and CPPEV’s minimal
oversight have resulted in great disparity in the quality of education and training offered by
different massage schools. There may be even less State control in the future, as the Private
Postsecondary and Vocational Education Report Act sunsets on June 30, 1997. If continuing
legislation is not enacted by then, CPPEV will cease to operate. These shortcomings leave the
massage profession susceptible to intrusion by those with illicit intent, with the regulation and
control at the local government level.
Input from members of the massage community has been requested and received from the
beginning. Staff distributed copies of the first draft to establishments and individual
practitioners who were permitted to operate in Palo Alto. Staff then hosted a meeting and
invited members of the massage profession to attend. A number of valid concerns were raised
and valuable suggestions made. Using the information obtained at that meeting and from phone
calls and written correspondence, changes were made to the first draft. This procedure was
followed two additional times, resulting in a total of three large meetings of massage
practitioners. Additionally, staff has met with the owners of the three current establishments
to hear their concerns and with smaller groups of individuals who represented the American
Massage Therapy Association, the Western College of Therapeutic Massage, and other
.educational institutions that provide massage instruction.
It is important to note that the draft that staff is proposing is not unanimously endorsed by all
members of the massage community. For instance, there are a wide range of opinions regarding
the educational requirements. In discussions with staff’s counterparts in other cities that have
revised their massage ordinances, it is evident that there is not a consensus of opinion on many
issues concerning massage standards, regulations, etc., within the profession itself. Staffhas
attempted to make accommodations and use the expertise and knowledge of massage
professionals in the preparation of the new ordinance without compromising the basic tenets
of the ordinance and without jeopardizing the health and safety of eornmunity members.
CMR:273:97 Pago 4 of 9
Following is a summary of the major changes that are proposed for Pal. Alto’s ordinance:
Several definitions have been added and/or changed from the current ordinance. They include
the following:.
Co
Business massage would include the massage of the head, neck, arms, hands,
legs, feet, or shoulders and torso area above the waist where the client is fully
clothed and would not be regulated under the new ordinance. ’
Home massage services would include the practice of engaging in massage at the
principal residence address of the massage practitioner. Home massage services
would be allowed only if conducted solely by the resident massage practitioner,
if provided to only one client at a time, and only between the hours of 8:00 a.m.
to 10:00 p.m.
Massage establishment would change from a fixed location business with
massage as the principal function to any business having a fixed location in
which massage is given for compensation. This definition does not include any
establishment in which the only massage services provided are thosedefmed as
business massage or home massage services.
It is important to point out that under the proposed definitions, some businesses that heretofore
were not required to obtain a massage establishment permit would be required to do so. For
instance, when the current ordinance was adopted, few, if any, hair salons provided massage
services. That situation has changed over the years, and a number of such establishments
provide the service. Under the revised ordinance, they would need to obtain a permit in order
to continue legally providing those services.
2. Temporary Permit - 4.54.033:
A section that provides a mechanism for a person to obtain a temporary practitioner permit
would be added to allow for those individuals who meet the criteria to begin working under
certain situations while the complete background investigation is completed.
3. ~ments - 4.54.035:
The educational requirements for massage practitioners would increase from 70 hours to 300
hours, or 200 hours and at least 100 hours of practical experience working under the direct
supervision of a iieensed health professional, unless the practitioners possess a current
certificate from an. organization accredited by the National Commission for Certifying
CMR:273:97 Page 5 of 9
Agencies. This Commission is a private, not-for-profit organization which accredits agencies,
which in turn,’ certify individuals. NCCA sets competency criteria and standards for a broad
range of professions/occupations and accredits certifying agencies that meet established
standards. There is not any other voluntary national accreditation body for private certification
programs. Currently, the only massage-related organization that is NCCA accredited is the
National Certification Board for Therapeutic Massage and Bodywork.
In order to recognize those practitioners who have had a permit to operate within the City for
some time, an exception to the educational requirements would include those permit holders
who have held Palo Alto permits for two or more years. In order to assist current permit holders
who don’t meet this criteria, a period of three years would be given to them to satisfy the
educational requirements.
4._Practitioner Applicant Information - 4.54,050:
The requirements for conditions and information that practitioner applicants must meet and
provide have been revised to reflect dearer and more appropriate regulations.
5. Practitioner Examination Requirement - 4.54.060 (cO:.
Passage of a written exam would be required in order for a person to receive a practitioner
permit. The test would be developed with the assistance of representatives of the massage
community and would be intended to cover a core body 0fknowledge and skills necessary to
provide professional and competent massage services, regardless of one’s particular discipline.
The body of information that would be tested would include basic knowledge of anatomy,
physiology, hygiene, theory, practice, ethics and methods of massage. Applicants who have had
a Palo Alto permit for two or more years or who have a national certification wonld be exempt
from the written and/or practical examinations.
The exam would be administered by a doctor or licensed health professional working under
contract with the City. The development of the exam would occur with assistance from
representatives of the massage community.
The proposed ordinance would also allow for a practical exam at the discretion of the City.
While some cities have made a practical exam a mandatory requirement, based upon
information staff has received and due to the number .of newer massage modalities and
techniques, such a requirement is very labor intensive and does not provide much, if any,
additional information about the competency of an applicant.
Staff feels the written examination is essential due to the disparity in the quality of instruction
provided by the State’s Council-approved schools, because there is no state board competency
CMR:273:97 Page 6 of 9
testing in the field, and because of likelihood that some schools may be selling certificates of
completion to those who have not earned them.
While the written test and the educational requirements will not provide an absolute guarantee
in screening out individuals who intended on engaging in illegal activities under the cover of
massage, staff believes that the time and effort needed to meet these criteria certainly will serve
as a contributing factor in limiting the number of those individuals.
6. Term of Permits - 4.54.100:
The .term for permits for massage establishments, managing employees and massage
practitioners would be changed from one to three years from the date of issuance. Extending
the term would again recognize the legitimacy of massage practitioners and would allow for the
anticipated workload increase without any increase to City staff.
7.Establishment Requirements - 4.54.110(a)(9):
Requirements for massage establishments would also be changed to reflect more practical and
reasonable conditions. For example, the current ordinance requires establishments to have a
tub or shower in the facility. Information received from practitioners; as well as clients, has led
staff to conclude this requirement is superfluous and does not affect the health and safety of
clients.
Some other cities’ ordinances include more stringent restrictions, such as requiring all massage
be conducted on tables. Staff has not proposed some of these restrictions, because to do so
would not accommodate various legitimate massage modalities which necessitate the client to
be in chairs, on the floor, etc.
However, under the proposed revision, staff has added some operational provisions which are
clearly intended to impact those who seek to use massage as a cover for illicit activity.
Specifically, the ordinance would prohibit and/or limit the use of instruments such as
eavesdropping devices, the searching of clients’ clothing or possessions, the refusal to serve
female clients solely on the base of their gender, inquiring whether a client is a police officer,
the possession of alcoholic beverages, condoms, and sexually implicit materials, and the
uncovering and/or touching of sexual and genital portions of the body.
Massage establishment owners would be required to staff their businesses with managing
employees if they do not provide management oversight personally. No fee will be required
of managing employee permit applicants if they hold a current massage practitioner permit.
Staff believes the presence of a designated managing employee in the absence of an owner
would provide continuous conformity to the massage ordinance and will ensure accountability
CMR:273:97 Page 7 of 9
for all activities and services provided at the establishment. Without this provision, as has been
experienced by other cities, flae establishment owner’s culpability for any illegal acts is difficult
to determine.
8. Elimination of Massage Establishment Location Restrictions - 4.54.020:
Massage establishment location restrictions would be deleted from the massage ordinance,
leaving these land-use matters to be regulated by the City’s zoning ordinance. Massage
establishments under the existing ordinance are prohibited from locating within 250 feet of the
exterior limits of any residential district; within 250 feet of a school; or within 1,200 feet of
another massage establishment, an adult entertainment establishment, a cardroom, or a hot
tub/sauna establishment. As mentioned earlier, these limitations were imposed almost 20 years
ago, after Palo Alto experienced prostitution and other illegal activities in massage
establishments. However, staff feels the existing location restrictions are out-of-date and
unnecessarily limit the ability of legitimate massage businesses to lawfully locating and
operating within the City. In drafting the ordinance, staff’s intent has been to use other
regulatory measures (educational and testing requirements, etc.) other than zoning restrictions
to protect the eommtmity from illegitimate and illegal activities.
9. !~ff-premises Massa.g~_~a.~d_~:
Under the current ordinance, massage establishments axe not allowed to provide "outcall"
massage services unless prescribed by a physician. However, individual practitioners can
provide outeall massage at one.location; this means, in essence, that only practitioners not
working at massage establishments are eligible for outeall permits. The revised ordinance
changes the demeaning reference of this type of service from outeall to off-premises and to
allow all practitioners to provide these services under certain situations when regulations were
met. This is another service that staffhas learned that legitimate practitioners will provide in
the privacy of a client’s own home. Staff believes that with the proposed regulations, this type
of service should be permitted without any jeopardy to the health and safety to the community.
Attachment 3 summarizes the proposed changes to the fees associated with massage. Staff has
calculated the fees based upon an estimate of staff time required to complete the associated
background investigations, inspections and file maintenance. This methodology is consistent
with the City Council’s cost recovery direction for fees.
While initially it appears that new fees for massage practitioners and renewal fees for
establishments and practitioners are increasing, due to the extension of the permit term from one
to three years, in actuality, the cost of all fees are decreasing.
CMR:273:97 Pago 8 of 9
It should be noted that fees associated with the written and/or practical exam would be in
addition to the permit fees and would be paid directly to the contractor providing the service.
Currently, revenue associated with massage fees for FY 1997-98 is projected to be about
$14,600. Due to the potential and probable increase in individual practitioner and establishment
applicants, staff anticipates that this figure will increase. However, because the actual numbers ¯
are unknown at this time, a projected revenue figure is difficult to estimate.
ENVIRONMENTAL ASSESSMENT
This project is categorically exempt from environmental review.
ATTACllMENTS
Attachment 1 - Summary of other Cities’ Massage Ordinance Provisions
Attachment 2 - Summary of other States’ Educational Requirements for Massage Practitioners
Attachment 3 - Massage Fee Matrix
Current Chapter 4.54
Proposed Ordinance Revising Chapter 4.54
PREPARED BY:Judy Glaes, Code Enforcement Officer
Lynne JohllsOll, Chief
DEPARTMENT HEAD REVIEW:
CITY MANAGER APPROVAL:
CC: Current Massage Permit Holders
CMR:273:97 Page 9 of 9
o~Z~ .~ z~
0
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ATTACItMENT TWO
(NCBTMB: National Certification Board for
~ Therapeutic Massage and Bodywork)
ARKANSAS
CONNECTICUT
DELAWARE
HAWAII
IOWA
STATE
LOUISIANA
e
®
o
o
o
o
e
~a
EDUCATIONAL
650 hours aRcr 1/98
1,000 hours after 1102
500 hours from accredited
massage therapy school or
a like institution
500 hours from school
accredited by an
accrediting agency and
curriculum approved by
AMTA or COMTA
500 hours supervised study
50 hours CPR required
50 hours anatomy
50 hours physiology
300 hours technique and
l O0 hours electives
500 hours
500 hours from State Board
approved school
570 hours
50 hours anatomy,
physiology, kinesiology
100 hours theory and
demonstration
420 hours practical
training, apprentice or
school option within state
outside state - approved or
licensed institution and
CPR
500 hours from a state
licensed or accredited
school approved by
department
EXAMINATION
REQUIREMENTS
NCBTMB (Pending)
or
Other avenues
NCBTIVIB
NCBTMB pending
NCBTMB
NCBTMB
NCBTIVlB
¯NCBTIvIB
or
Own exam
NEW IvIEXICO
Exam or diploma from a
massage school accredited
by AMTA/COMTA
o
500 hours after year 2002
60 cr. hours of higher
education
o
o
o
1,000 hours from Board
approved school
300 hours related clinical
practice
100 hours physiology
100 hours anatomy
100 hours massage
100 hours pathology
1 O0 hours hydrotherapy
I00 hours hygiene and
practical demonstration
100 hours health sc~cice
management
o
o
o
®
o
o
750 hours
150 hours A&P
50 hours massage
50 hours hydrotherapy
175 hours Swedish
10 hours rules~ethics
50 hours allied massage
techniques
50 hours hygiene
25 hours health
management
125 hours practical
massage
65 hours electives
CPR required
o
o
650 hours
300 hours supervised in-
class massage therapy
instruction
100 hours A&P
200 hours basic massag~
therapy
50 hours supervised
massage
Alternative qualifications:
experience and/or credentials
o
o
o
NCBTMB
Pending
NCBTMB
Practical
NCBTMB
Practical
NCBTMB
NEW YORK
NORTH DAKOTA
OHIO
OREGON.
RHODE ISLAND
SOUTH CAROLINA
TENNESSEE
TEXAS
UTAH
VIRGINIA
WASHINGTON
o
o
o
o
o
o
o
o
500 hours from Board
recognized program or
equivalent edueation/CPR
required
200 hours massage
technique
300 hours classroom
40 hours minimum
anatomy
75 hours minimum
physiology
40 hours minimum
neurology
40 hours minimum
pathology
30 hours minimum hygiene
and fwst aid
500 hours
certification of preliminary
education 600 hours from
an approved school
300 hours
500 hours from State Board
approved school or school
accredited by eredentialling
100 hours A&P
300 hours theory and
practice of massage
lO0 hours electives
500 hours from State Board
approved school
500 hours from State
approved school
300 hours including 50
hour internship program
Graduate from a Board
approved school
500 hours from a Board of
Education approved school
has current National
Certification
o
o Practical and oral
NCBTMB
NCBTMB (June 1997)
NCBTMB
Written and practical
NCBTMB or
Own exam
NCBTMB
NCBTMBN/A
Own exam
ATTACHMENT THREE
MASSAGE FEES
(All fees non-refundable and due at time of application.)
Fingerprints (One time only required for each permit applicant.)
Department of Justice (DOJ) Processing and Expedite Fee
FBI Fingerprint Processing
Massage Establishment *(No practitioner permit fee will be charged to
establishment pemait holders who qualify for a practitioner permit.)
New (Does not include fingerprint costs.)
Renewal
Sole Practitioner - Massage Establishment (Must also maintain
active practitioner permit. Sole practitioner-massage establishment
permit holder may not allow others on the premises toprovide
massage services.)
New (Does not include fingerprint costs.)
Renewal
Massage Establishment Managing Employee
New (Does not include fingerprint costs. Fee not charged if
applicant holds valid practitioner permit.)
Renewal (Fee not charged ff applicant holds valid practitioner
permit.)
Massage Practitioner
New (Does not include fingerprint costs.)
Renewal
CURRENT PROPOSED
$42 / Individual $42 / Individual
$24 / Individual $24 / Individual
$1,790 / One year $900 / Three years
$715 / One year $500 / Three years
N/A
N/A
N/A
N/A
$70 / One year
$53 / One year
$275 / Three years
$225 / Three years
$100 / Three years
$75 / Three years
$125 / Three years
$75 / Three years
*No massage establishment permit fee will be .charged if premises operate concurrently under an active hot tub/sauna establishment permit.
BUSINESS LICENSES AND REGULATIONS Rev. Ord. Supp. 3/93
CHAPTER 4.$4
MASSAGE ESTABLISHMENTS
4.54.010 Purpose and intent.
It is the purpose and intent of this chapter to
provide for the orderly regulation of massage
establishments and massage technicians, as de-
fined in this chapter, in the interests of the public
health, safety and welfare by providing certain
minimum building, sanitation and health stan-
dards for massage establishments, and by provid-
ing certain minimum qualifications for the oper-
ators of massage establishments and for massage
technicians and massage technician trainees. (Oral.
2833 §1 (part), 1974)
4.54.020 Definitions.
(a) For the purpose of this chapter, unless
the context clearly requires a different meaning,
the words, terms and phrases set forth in this sec-
tion shall have the meanings given them in this
section:
(1) "Massage" means any method of
pressure on, or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating
or stimulating the external parts of the human
body with the hands or with the aid of any me-
chanical electrical apparatus, or other appliances
or devices, with or without such supplementary
aids as rubbing alcohol, liniment, antiseptic, oil
powderl cream, lotion, ointment or other similar
preparations.
(2) "Massage establishment" means any
establishment having a fixed place of business
where any individual, firm, association, parmer-
ship, corporation, joint venture or combination of
individuals engages in, conducts, carrieson or
permits to be engaged in, conducted or carried on
massages, baths or health treatments involving
massage or baths as the principal functions.
(3). "Massage technician" means any per-
son who administers massages, baths or health
treatments involving massages or baths as the
principal functions to mother person for any con-
sideration whatsoever.
(4) "Recognized school of massage" means
any school or institution of leaming which teaches
the theory, ethics, practice, profession and work
of massage, which school or institution of learn.
ing requires a residence course study of not fewer
than seventy hours to be given in not more than
three calendar months before the student shall be
furnished with a diploma or certificate of gradu-
ation from such school or institution of learning
following the successful completion of such
course of study or learning, and which school has
been approved pursuant to Califomia Education
Code Section 29025, or, if said school is not lo-
cated in California, has complied with standards
commensurate with those required in said Section
29025. Any school or institution of learning of-
fering or allowing correspondence coupe credit
not requiring actual attendance at class, or courses
of a massage technician not approved by the
CaLifornia State Deparmaent of Education shall not
be deemed a "recognized school of massage."
(5) "License" means the business license to
operate a massage establishment as required by
this chapter.
(6) "Permit" means the permit to engage in
the activities of a massage technician or a mas-
sage technician trainee as requi~ by this chap~r.
(7) "Person" means any individual, firm,
association, partnership, corporation, joint veno
ture or combination of individuals~
(Ord. 2833 §1 (part), 1974)
4.54.030 Massage establishment
cerise, required.
(a) It is unlawful for any person to engage
in, conduct or carry on, in or upon any premises
within the city the operation of massage estab-
lishment without the license obtained from the
chief of police as required by this chapter. Amas-
sage establishment license shall be issued to any
person who has complied with the requirements
of Sections 4.54.050 and 4.54.1 lO of this chap-
ter, and all other applicable provisions of this
code; unless grounds for denial of such license
are found to exist. In addition 1o those set forth in
Section 4.04.140, grounds for denial include:
(1) The applicant made a material misstate-
ment in the application for a license;
(2) The applicant has, within five years im-
mediately preceding the date of the filing of the
application, been convicted in a court of compe-
tent jurisdiction of an offense involving conduct
which requires registration under California Penal
Code Section 290, or any violations of Sections
311 through 311.7, 313.1,314, 315,316, 318 or
647(a), 647Co), 647(d), or 847(h) of the Cali-
¯ fornia Penal Code, or of any offense involving
theft of property or violence;
(3) That the operation of a massage estab-
lishment, as proposed by the applicant if permit-
ted, would not comply with all applicable laws
including, but not limited to, all city ordinances
and regulations;
(4) That the operation of the proposed mas-
sage establishment is likely to be injurious to the
health, safety, welfare, and interest of the people
of the city;
(5) That the applicant is lacking in the
background and qualifications to conduct a bona
fide massage establishment; or
(6) That the applicant has violated any pro-
vision of this chapter;, or of any similar ordinance,
law, rule or regulation of another public agency
which regulates the operation of massage estab-
lishments.
(Ord. 3113 [}4, 1979: Ord. 2946 §1, 1976: 0rd.
2921 §9, 1976: Ord. 2833 §1 (part), 1974)
4.54.040 Massage establishment li-
cense application fee.
Any application for a license to operate a mas-
sage establishment shall be accompanied by a
nonrefundable fee as set forth in the municipal fee
schedule. The application fee shall be used to
defray, in part, the costs of investigation and re-
port, and is not made in lieu of any other fees or
taxes required under this code. A license to oper-
ate a massage establishment shall be renewed an-
nually. The renewal fee shall be as set forth in the
municipal fee schedule. (Ord. 2960 §27, 1976:
Ord. 2921 §1, 1976: Ord. 2833 §1 (part), 1974)
4.54.050 Application for massage es-
tablishment license.
(a) Any application for a license to operate a
massage establishment shall be made with the
chief of police. Within thirty working days fol-
!owing receipt of a completed application, the
chief of police shall either issue the permit or mail
a wxStten statement of his reasons for denial
thereof. The application shall set forth the exact
nature of the massage, bath or health treatment to
be administered, the proposed place of business
and facilities therefor, and the name and address
of each applicant The chief of police may request
the applicant to allow fingerprints to be taken
when needed for the purpose of establishing iden-
tification. In addition to the requirements of Chap-
ter 4.04 and this section, any applicant shall fur-
nish the following inR)rmation:
(1) The previous addresses of applicant, if
any, for a period of three years immediately prior
to the date of the application and the dates of resi-
dence at each;
(2) Written proof that the applicant is at
least eighteen years of age;
(3) Applicant’s height, weight, color of
eyes and hair,
(4) The applicant shall allow the police
officer processing the application to take photo-
graphs of the .applicant;
(5) Business, occupation or employment
history of the applicant for the three years imme-
diately preceding the date of the application;
(6) If the applicant is a corporation, the
name of the corporation shall be set forth exactly
as shown in its articles of incorporation, together
with the names and residence addresses of each of
its officers, directors, and each stockholder hold-
ing more than five percent of the stock of the cor-
poration. If the applicant is a partnership, the
application shall set forth the name and residen-ce
address of each of the partners, including limited
partners. If one or more of the partners is a corlx>-
ration, the provisions of this section pertaining to
a corporme applicant shall apply;,
(7) The names and residence addresses of
all persons currently employed or intended to be
employed in the massage establishment, regard-
less of the nature of the employment, other than
any person licensed pursuant to Section
4.54.060, along with the proposed or actual na-
ture of the work performed or to be performed,
and recent passport-size photographs, suitable to
the police officer processing the application, of
each such employee. The chief of police may
require such employee to ailow fingerprints to be
taken for the purpose of identification. Any appli-
cant or licensee shall notify the city in writing of
the names, addresses and nature of the work, of
any new employees, within five days of such
employment, and supply the photographs
scribed in this subsection. Such new employees
shall allow fingerprints to be taken for the pur-
pose of identification upon r~quesL "Employee"
includes every owner, partner, manager, super-
visor and worker, whether paid or not, who ren-
ders personal services of any nature in the opera-
tion of a massage establishment;
(8) Such other information as may be
deemed necessary by the chief of police.
(Ord. 2946 §2, 1976: Oral. 2921 §9, 1976: Ord.
2833 §1 (part),
4.54.060 Massage technician permit
required.
(a) It is unlawful for any person to act as a
massage technician or a massage technician
trainee unless such person holds a valid permit
issued by the chief of police. A massage techni-
cian permit shall be issued to any person who has
fulfilled the requirements of Section 4.54.080,
and all other applicable provisions of this code;
unless grounds for denial of such permit are
found ~o exist. In addition to those set fomh in
Section4.04.140, grounds for denial include:
(I) The applicant made a material misstate-
ment in the application for a license;
(2) The applicant has, within five years im-
mediately preceding the date of the filing of the
application, been convicted in a court of compe-
tent jurisdiction of an offense involving conduct
which requires registration under California Penal
Code Section 290, or any violations of Sections
311 through 311.7, 313.1,314, 315, 316, 318 or
647(a), 647(b), 647(d), or 647(h) of the Cali-
fornia Penal Code, or of any offense involving
theft of property or violence;
(3) That the issuance of the permit is likely
to be injurious to the health, safety, welfare, and
interest of the people of the city;,
(4) That the applicant is lacking in the
background and qualifications to act as a massage
technician; or
(5) That the applicant has violated any pro-
vision of this chapter, or of any similar ordinance,
law, rule or regulation of another public agency
which regulates the operation of massage estab-
lishments or massage technicians.
(Ord. 3113 §5, 1979: Ord. 2921 §§2; 9, 1976:
Ord. 2833 § 1 (part), 1974)
4.$4.070 Massage technician applica-
tion fee.
Any application for a permit to act as a mas-
sage technician shall be accompanied by a non°
refundable fee as set forth in the municipal fee
schedule. A massage te~imician permit shall be
renewed annually. The renewal fee shall be as set
forth in the municipal fee schedule. Any person
who applies for a license to operate a massage
establishment and who desk, v,s to act as a massage
technician within said establishment shall not be
required to furnish the information set forth in
Section 4.54.080. (Ord. 2960 §28, 1976: Ord.
2921 §3, 1976: Ord. 2833 §I (part), 1974)
4.84.080 Application for massage
technician permit.
(a) Any application for a pen’nit to act as a
massage technician shall be made with the chief of
police. Within thirty working days following
receipt of a completed application, the e-hid of po-
lice shall either issue the permit, or mail a written
statement of his masons for denial thereof. If he
takes neither action, tl~ permit shall be deemed to
be issued. The chief of police may request the
applicant to furnish fingerprints when needed for
the purpose of establishing identification. In ad-
dition to the requirements of Chapter 4.04, the
applicant shall f-amish the following information:
(I) Name, residence address and telephone
number,
(2) Social security number and driver’s
(3) Applicant’s weight, height, color of
(~) The applicant shall furnish a recent
photograph of applicant to ~e police deparanent
lemst ~gimmn y~rs of
(6) Business, occupation or employment of
~e applicant fo~ the thr~ years " ~nnmediatelY
ceding the da~ of applie~ion;
(7) The name and address of the establish-
mere where the applicant is to be employed, and
the name of the owner or operator of the same.
Any massage te~hni~an grm~ed a permit pumuant
to this set’don must report a change ~n massage
establishment employment within five days of
said change;
(8) The name and address of the recog-
nized school of massage attended, the date at-
tended, and a copy of the diploma or certificate of
graduation awarded the applicant showing the
applicant has complemd not fewer than seventy
hours of instruction, or written and verified proof
that applicant has had ~t least five hundred hours
experience ~n the profession, work and method of
massage as of the effective date of the ordinance
cod~ed in ~s chatxer.
(Ord. 2921 §§4, 9, 1976: Ord. 2833 §1 (part)
1974)
4.54.090 Massage technician trainee.
(a) Any person desiring to ob~ a permit to
act as a massage technician trainee shall make an
application to the chief of police. Within thirty
working days following receipt of a completed
application, the chief of police shall either issue
the permit, or marl a wriRen statement of his rea-
sons for denial thereof. If he takes neither action,
the permit shall be deemed to be issued. A mas-
sage technician trainee permit shall be issued to
any person who has fulfilled the requirements of
Section 4.54.080 and who produces written proof
that the applicant is currently enrolled in a recog-
nized school of massage as defined in this chap-
ter, of the dam the applicant enrolled in the recog-
nized school of massage, and the scheduled date
of graduation; and that the applicant has com-
pleted at least fifty hours of instruction and the
date this instruetionwas completed; provided the
applicant submits a letter signed by the owner or
manager of a licensed massage establishment stat-
ing his immediate intent to employ the applicant to
do massage as a trainee working under the direct
supervision and control of a massage technician
who has received a permit under the provisions of
this chapter unless:
(1) The applicant knowingly made a mate-
rial misstatement in the application for the trainee
permit; or
(2) The applicant has, within five years im-
mediately preceding the date of the filing of the
application, been convicted in a court of eompe-
.tent jurisdiction of an offense involving conduct
which requires registration under California Penal
Code Section 290, or any violation of Sections
311 through 311.7, 313.1,314, 315,316, 318 or
647(a), 647(b), 647(d)or 6470a) of the California
Penal Code or of any offense involving theft of
property.
The trainee permit shall allow the student to
work in a massage establishment under the super-
vision and direction of a massage technician who
has received a permit issued under the provisions
of this chapter, provided, however, no licensed
massage technician shall be permitted to supervise
more than two persons issued a trainee permit.
The trainee permit shall expire three months from
the date of issuance and shall not be renewed
unless good cause is shown by the applicant fo~"
such renewal.
No fee shall be required of a massage teclmi-
cian trainee applicant. The trainee must at all times
comply with the laws relating to massage estab-
lishments, and the failure to comply may render
the trainee ineligible to obtain a massage teclmi-
cian permit.
Any massage technician trainee who, during
the life of the trainee permit, completes the in-
struction required of a massage technician, shall
be issued a massage technician permit upon pay-
ment of a massage technician at~plication fee as set
forth in the municipal fee schedule.
(Oral. 2960 §29, 1976: Oral. 2921 §§5, 9, 1976:
Ord. 2833 §1 (part), !974)
4.54.100 Appeal.
In the event a permit or license application has
been denied, the applicant shall proceed pursuant
to the appeal and hearing provision in Chapter
4.04. (Ord. 2833 §1 (part), 1974)
4.54.110 Massage establishment facili-
ties and operations requirements.
(a) All massage establishments shall comply
with the following facilities and operations re-
qnirenlenI$:
(1) Massage establishments shall comply
with all code requirements.
(2) A minimum of one mb or shower, and
one toilet and wash basin shall be provided in
every massage establishment
(3) Cabinets or other covered space shall
be provided for the storage of clean linen. Ap-
proved receptacles shall be provided for the stor-
age of all soiled linen and paper towels.
(4) Minimum ventilation shall be provided
in accordance with the building code of the city.
To allow for adequate ventilation in cubicles,
rooms and areas provided for patrons’ use, which
are not serviced directly by required window or
mechanical systems of ventilation, partitions shall
be constructed so that the height of partition does
not exceed seventy-five percent 9f the floor-to-
ceiling height of the area in whicl~ they are 1o-
(5) All plumbing and electrical installations
shall be installed under permit and inspection of
the building inspection department, and such in-
stallations shall be installed in accordance with the
Uniform Building Code and the Uniform Plumb
ing Code.
(6) The walls in all rooms where water or
steam baths are given shall have a washable,
mold-resistant surface.
(7) All lavatories or wash basins shall be
provided with hot and cold running water, soap
and single-service towels in wall-mounted dis-
pensers.
(8) Security deposit facilities capable of
being locked by the patron or a security bag that
may be carried by the patron shall be available for
the protection of the valuables of the patrons.
(9) Every portion of a massage establish-
ment, including appliances, apparatus and person-
nel, Shall be kept clean and operated in a sanitary
condition.
(10) All massage establishments shall be
provided with clean and sanitary towe.ls, sheets
and linens in sufficient quantity. Towels, sheets
and linens shall not be used by more than one
person. Reuse of such linen is prohibited unless
the same has first been laundered. Heavy white
paper may be substituted for sheets; provided,
that sueli paper is used once for each person and
then discarded into a sanitary w.ceptacie.
(11) All wails, ceilings, floors, pools,
showers, bathtubs, steam rooms and all other
physical facilities for the establishment must be in
good repair and maintained in a clean and sanitary
condition. Wet and dry heat rooms, steam or
vapor rooms, or steam or vapor cabinets, shower
compartments andtoilet rtmms shall be thorough.
ly cleaned and disinfected each day the business~ is
in operation. Bathtubs shall be thoroughly cleaned
¯ and disinfected after each use.
(12) Disinfecting agents and sterilizing
equipment shall be provided for any instruments
used in performing acts-of massage and said
each use.
(13) Pads used on massage tables shall be
covered with durable, washable plastic or other
acceptable waterproof material
(14)(A) To protect patrons from potential
health and sanitary hazards, all employees, mas-
sage technicians and massage technician trainees
shall be clean and shall perform all services on the
premises in full, clean outer garments.
03) Exception. A massage technician may
perform services wearing no clothing or wearing
less than full outer garments when teaching a
class gathered to learn the theory, practice, or
work of massage, and when said class consists in
part of massage by the technician or members of
the gathered class.
(15) Each service offered, the price thereof,
and the minimum length of time such service shall
be performed shall be posted in a conspicuous
public location in each massage establishment. All
letters and numbers shall be capitals, and not less
than one-half inch in height.(16)(A) Massage establishments shall close
and remain closed from eleven p.m. to nine a.m.
03) After one year of operation a massage
establishment may be exempted from the hours
restrictions of this section by the chief of police
upon a written request which details the factual
reasons supporting good cause for the exemption.
The chief of police, in determining what constit-
utes good cause for this exemption from. the hours
restrictions, shall consider and weight the follow-
hag factors:
(i) The criteria outlined in Section
4.04.140 of Chapter 4.04;
(’ti) The criteria outlined ha Section
4.54.030 of this Chapter,
(’tii) The impact which the massage es-
tablishment has had on the health, safety, and
welfare of the local community, including, but not
limited to, parking and traffic congestion; .(iv) The massage establishment’s com-
pliance or noncompliance with all federal, state,
and local laws, including, but not limited to, this
municipal code.
If, upon review of those factors, the
chief of police determines that good-cause does
exist for the requested exemption, the chief may.
then exempt the particular massage establishment
from the hours restrictions of this section. How-
ever, in no event shall any massage establishment
close later than two a.m. nor open earlier than six
a.m.
(C) The exemption from the hours re-
strictions of this section shall be subject to review
and renewal annually at the same time as the re-
newal of the underlying license and the same
factual showing shall be made as that required for
the initial exemption. The chief shall not grant an
hours exemption unless said establishment has
maintained the criteria specified in Section
4.54.110(a)(16)(B).
(17) No massage establishment shall be al-
lowed ha the following locations:
(A) Within two hundred fifty feet of the
exterior property limits of any public or private
elementary school, junior high school or high
school;
03) Within two hundred fifty feet of the
exterior limits of any district where residential use
is the principal permitted use, including all R and
RM districts, O-S districts, and any P-C or P-F
districts where the principal use permitted or
maintained is residential; or
(C) Within twelve hutdred feet of the ex-
terior property limits of an), other premises law-
fully occupied by a massage establishment, by
any establishment subject to the .provisions of
Chapter 4.55, any cardroom or hot tub/sauna
tablishment. For the purpose of determining com-
pliance with standard (d), as to, .between and with
respect to establishments lawfully in operation on
the effective date of this section, priority between
such existing establishments shall be assigned in
accordance with the dates upon which said estab-
lishments commenced such lawful operations. In
the event an), dispute arises regarding said dates,
the applicant shall have the obligation to establish
the date on which he commenced lawful opera-
tion.
All massage es~blishments lawfully in oper-
ation on the effective date of this section shall
within sixty days of said date apply to the chief of
police for a determination as to compliance with
the provisions of this section. Said application
shall be in such form as prescribed by the chief of
Any massage establishment legally existing
on the effective date of this subsection and which
is not in compliance with the provisions of this
subsection shall comply with said provisions
within eight years of the effective date of this sub-
section; provided, however, that any such estab~
lishment which intends to in any way transfer
ownership or alter or cha~lge the nattlre of any
such massage establishment on or afar the effec-
tive date of this subsection shall comply with the
provisions of this subsection prior to such trans-
fer, alteration or change. Any such use which at
the expiration of said period is not in compliance
with the provisions of this subsection shall at that
time discominue and abate its operatior~
Any massage establishment lawf~y in opero
atlon upon the effective date of this subsection
failing to comply with the provisions of this sub-
section shall be issued a limited term license in
lieu of its current license, containing a statement
on its face reciting such noncompliance and the
date by which compliar¢.~ must be accomplished,
and [hal said license shall not be renewed beyond
said da~.
All distances nfferred to in this subsection
shall be measured belween tbe closest points, on
the exterior property lines or area boundayies of
the parcels or are~ involved, except that when a
massage establishment subject to the provisions
of this section occupies one unit of a multiunit
stn~cture located on a single parcel, distances shali
be measured from the exterior boundaries of the
unit so occupied.
(18) Outcall prohibited. No person shall en-
gage in any of the services permitted under this
chap~r at any p~ace other ~ an es~lishraer~ li-
censed pursuant to Chapter 4.54, unless the pa-
tron possesses and presems a valid prescription or
other writing from a licensed physician to the efo
fect that the patn3n of such services cannot be
treated at a licensed massage establishment. A rec-
ord of every such prescription or other writing
shall be obtained and kept by the person rendering
the services for a period of one year. Such record
shall show the name and address of the doctor,
the date, and any prescription number..
(Ord. 3592§I, 1985: Ord. 3113 §6, 1979: Ord.
3095 §I, 1978: Ord. 2946 §3, 1976: Ord. 2921
§6, 1976: Oral. 2833 §1 (part), 1974)
4.54.120 Inspection by officials.Any and aLl investigating officials of the city
shall have the right to enter massage establish-
ments from time to time during regular business
hours to make reasonable inspections to observe
and enforce compliance with building, fire, elec-
trical, plumbing or health regulations. A warrant
shall be obtained whenever required by law.
(Ord. 2833 §1 @art), 1974)
4.54.130 Business name.
No person licensed to.operate a massage estab.
tishment sha/! operate under any name or conduct
business under any designation not specified in
the license. (Ord. 2833 §1 (part), 1974)
4.54.140 Business location change.Upon a chang~ of location of a massage estab-
lishraent, an application to the chief of police shall
be made, and such application shall be granted,
provisi.o.ns of this code are,,, m~ a change Orlocation fee assetforth in the municipal fee.schedule to defray, in
part, the costs of investigation and report, has
been paid to the city. (Ord. 2960 §30, 1976: Ord.
2921 §§7,9, 1976: On:[. 2833 §I @art), 1974)
4.54.150 Sale or transfer of massage
establishment interest.
A sale or transfer of any interest in a massage
establishment, which interest would be reported
as required in this chapter upon application for a
massage establishment license, shall be reported
to the chief of police within ten days of such sale
or transfer. The chief of police shall investigate
any person receiving any interest in a massage
establishment as a result of such sale or transfer,
and if such person satisfies the requirements
relating to massage establishment license appli-
cants, the existing license shall be endorsed to in-
elude such person. A fee as set forth in the munic-
ipal fee schedule shall be paid to the city for the
investigation by the Chief of police necessitated by
each such sale or transfer. (Oral. 2960 §31, 1976:
Ord. 2921 §§8, 9, 1976: Ord. 2833 §I (part),
1974)
4.54.160 Display of permits, licenses.
The owner or operator of a massage establish-
ment shall display the massage establishment li-
cerise and the permit of each and every mac age
technician or massage tectmician trainee employed
inthe establishment in an open and conspicuous
place on the premises. Passport-size photographs
of the licensee and permittees shall be affixed to
the respective license and permits on display pur-
suant to this section. Home addresses of massage
technicians and massage technician trainees need
not be displayed. (Ord. 2833 §1 (.part), 1974)
4.54.170 Exemptions.
(a) This chapter shall not apply to the follow-
ing classes of individuals while engaged in the
performance of the duties of their respective pm-
fessiom:
(1) Physicians, surgeons, chiropractors,
osteopaths or physical therapists who are duly
licensed to practice their respective professions in
the state of California;
(2) Nurses registered under the laws of the
state of California;
(3) Trainers of any amateur, semiprofes-
sional or professional athlete or athletic team;
(4) Barbers and beauticians who are duly
licensed under the laws of the state of California.
(Ord. 2833 §1 (part), 1974)
4.$4.180 Grounds for denial, proba-
tion, and disciplinary action.
In addition to any provisions of this chapter,
the grounds set forth in.Section 4.04.140 shall
apply to licenses and permits required under this
chapter. Any circumstances constituting grounds
for denial shall also constitute grounds for revoca-
tion, suspension or disciplinary action. (Oral.
3113 §7, 19791 Ord. 2833 §1 (part), 1974)
4.54.190 Hearing.
Any licensee or permitlee whose license or per-
mit has been suspended or revoked shall proceed
pursuant to the appeal and hearing provisions of
Chapter4.04. (Ord. 2833 §1 (part), 1974)
4.54.200 Application to existing estab.
iishments and technicians.
All operators of existing massage, bath or
health treatment establishments, and all persons
engaged in giving massage, bathing and health
treatments in the city upon the effective date of
this chapter shall comply with all application and
other requirements within thirty days following
the effective date of this chapter. (Oral. 2833 § 1
(part), 1974)
4.54.210 Application of other code
provisions.
Chapter 4.04 shall apply to the subject matter
of this chapter in all respects, including those not
specifically mentioned in this chapter. (Ord. 2833
§ 1 (part), :974)
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PAL0 ALTO
AMENDING IN FULL CHAPTER 4.54 OF TITLE 4 OF THE
PAL0 ALTO MUNICIPAL CODE REGULATING MASSAGE
The Council of the City of Palo Alto does ORDAIN as
follows:
SECTION i. The City Council finds as follows:
WHEREAS, the public health, safety, and welfare
require that the business of providing massage services for
compensation within the City of Palo Alto be regulated in order to
recognize the practice of massage as a valid professional field and
to discourage prostitution and other unlawful activity which
otherwise may become associated with some massage establishments;
~WHEREAS, it is the intent of this ordinance to enact
regulations to insure that those offering massage services to the
public possess the minimum qualifications and training to operate
such businesses and can be expected to conduct their work in a
lawful and professional manner, as well as to provide minimum
building, sanitation and health standards for the protection of the
public;
WHEREAS, it is the further intent of this ordinance to
protect and preserve the quality of the city neighborhoods and
commercial districts against neighborhood blight, to protect and
preserve the quality of urban life, and to maintain property
values;
WHEREAS, the existing regulations for massage
establishments ~ have attempted to effectuate these purposes
primirily through severely limiting the number and location of
massage establishments allowed to conduct business within Palo Alto
on the presumption that this was necessary in order to mitigate
their perceived secondary deleterious effects, a presumption which
the Council no.w recognizes as unwarranted for the legitimate
massage community and unduly restrictive of the number of
legitimate massage establishments that might wish to obtain permits
in Palo Alto;
WHEREAS, the existing regulations for massage
practitioners have attempted to effectuate these purposes primarily
through criminal history background checks, which the Council now
recognizes as insufficient to address the purpose of assuring
minimal qualification and training for massage practitioners;
WHEREAS, the Council further desires to adopt a
regulatory approach to the massage community that is more
consistent with tha~ employed in adjacent jurisdictions to minimize
disparity in treatment and to enhance the commonality of experience
with regulation in this field.
970603 syn 0043032
1
SECTION 2. Chapter 4.54 of Title 4 of the Palo Alto
Municipal Code entitled "Massage Establishments" is hereby amended
in full to read as follows:
CHAPTER 4.54
MASSAGE
4.54.010 Purpose and intent.
It is the purpose and intent of this chapter to provide for
the orderly regulation of massage establishments and massage
practitioners, as defined in this chapter, in the interests of the
public health, safety and welfare by providing certain minimum
building, sanitation and health standards for massage
establishments, and by providing certain minimum qualifications for
the operators of massage establishments and for massage
practitioners.
4.54.020 Definitions.
For the purpose of this chapter, unless the context clearly
requires a different meaning, the words, terms and phrases set
forth in ~this section shall have the meanings given them in this
section:
(I) "Massage" means any method of pressure on, or
friction against, or- stroking, kneading, rubbing, tapping,
pounding, vibrating or stimulating the external parts of the human
body with the hands or any other part of the body or with the aid
of any apparatus, with or without such supplementary aids as
rubbing alcohol, oil, powder, cream, lotion, or other similar
preparations; for the purposes of this chapter, however, massage
shall not include business massage as defined below.
(2) "Massage establishment" means any business having
a fixed location in the city in which massage is given in return
for compensation, including but not limited to any hot tub/sauna
establishment in which massage services are made available to
clients, or any premises offering suntanning or relaxation services
in which massage services are made available to clients; provided,
however, that the term "massage establishment" shall not include any
establishment in which the only massage services provided are those
defined as business massage or home massage services.
(3) "Massage practitioner" means any person Who
performs massage for any compensation.
(4) "Managing employee" means any employee of a massage
establishment who has been designated by the holder of the massage
establishment permit to manage the business. The managing employee
may perform massages at the business only if he/she obtains and
maintains in effect a massage practitioner permit.
970603 syn 0043032
(5) "Off-premises massage" means the practice of
engaging in massage for consideration at a location other than a
permitted massage establishment or at a permitted home massage
location.
(6) "Home massage service" means the practice of
engaging in massage at the principal residence address of the
massage practitioner.
(7) "Business massage" means any massage of the head,
neck,.arms, hands, feet, legs below the thigh, or shoulders and
torso area above the waist where the client is fully clothed;
business massage shall not be performed for compensation on any
public street, sidewalk, park or plaza unless specifically
permitted under a park use permit or street closure or encroachment
permit.
(8) "Permit" means a written document authorizing the
holder to engage in the business written on said document.
(9) "Person" means any individual, firm, association, partnership,
corporation, joint venture or combination of individuals.
(i0) "Police chief" or "chief of police" means the Palo
Alto police chief or designee.
(ii) "Recognized school" means any school or
institution of learning which, has been approved pursuant to
California Education Code section 94300, et seq. or comparable law
or regulation of California or any other state or country which
requires a course of study (other than correspondence study) of not
fewer than one hundred hours on the theory, ethics, practice,
methods, profession or work of massage, including the study of
anatomy and physiology and hygiene, including demonstration and
practice of massage techniques°
(12) "Temporary massage practitioner permit" means a
permit to engage in the practice of massage for a limited period.
(13) "Working under the supervision" means the person is working at
the same location as a licensed medical professional and is
supervised by the licensed medical professional.
4.54.030 Massage establishment permit.
No person shall establish, operate or maintain a massage
establishment within the city without first obtaining from the
police chief, and maintaining, a massage establishment permit. It
shall be unlawful to operate, establish, or maintain a massage
establishment while the permit issued for such business has been
suspended, revoked, or has expired. Only one permit (including a
permit which has been suspended or revoked or is in the appeals
process) shall be issued to a business location° No additional
applications for permits will be.accepted for locations which are
in the appeals process, until the existing permit has expired, been
revoked, or been surrendered by the applicant.
970603 syn 0043032
4.54.031 Managing employee permit.
No person shall act as the managing employee for any
massage establishment within the city without obtaining a managing
employee permit from the police chief. A managing employee ~permit
shall only be issued to a natural person. It shall be unlawful for
any person to act as the managing employee of any massage
establishment while a managing employee permit has been suspended,
or revoked, or has expired.. No fee shall be required for a
managing employee permit while the applicant is currently holding
a massage practitioner permi~t.
4.54.032 Massage practitioner permit.
No person shall engage in the practice, of massage,
including massage conducted at a massage establishment, off-
premises massage, or home massage services, in return for
compensation within the city without obtaining from the police
chief and maintaining in effect a massage practitioner permit. A
massage practitioner permit shall only be issued to a natural
person. It shall be unlawful for any person to engage in the
practice of massage in return for compensation while a massage
practitioner permit has been suspended, revoked, or has expired.
A person who obtains a massage establishment permit or a managing
employee permit and intends to personally give massage shall also
apply for and obtain a massage practitioner permit and shall pay
fees for administration of the written and practical examination
required by this chapter.
4.54.033 Temporary massage practitioner permit.
A temporary massage practitioner permit may be issued by
the chief of police only upon the following express conditions:
(a) The application is made to work in a specified massage
establishment that has been in continuous operation for twenty four
consecutive months preceding the date of application;
(b) The holder of the massage establishment permit
furnishes a written statement to the police chief acknowledging an
intention to employ the applicant for a temporary massage
practitioner permit and then in the event that temporary massage
permit expires or is revoked or in the event that the individual’S
application for a massage practitioner permit is denied, employment
of such applicant will be immediately discontinued;
(c) An application is filed for a massage practitioner
.permit, and all required fees are paid for the permit upon filing,
and the application is entirely complete at the time of filing, and
the applicant meets all criteria for a massage practitioner permit
with the exception of a completed criminal history background
check;
970603 syn 0043032
(d) A temporary massage practitioner permit shall be issued
only to a natural person for the practice of massage at a specified
location and shall expire upon issuance or denial of a massage
practitioner permit, or the expiration of ninety days from the date
of application, whichever comes first;
(e) Upon any violation of the provisions of this chapter
occurring in the massage establishment, the temporary massage
practitioner permit shall be forthwith rendered null and void and
shall be surrendered to any employee of the city upon request;
(f) There shall be no appeal from denial or revocation of
a temporary massage practitioner permit.
4.54.035 Educational requirements.
All applicants for a massage practitioner permit or
temporary massage practitioner permit must meet one or more of the
following educational standards in order to qualify for such
permit:
(a) Possession of one or more diplomas, certificates, or
transcripts from one or more recognized schools ~of massage,
colleges, junior colleges, or universities which show satisfactory
completion of at least three hundred hours of a nonrepetitive
curriculum in anatomy, physiology, hygiene, sanitation, and massage
theory, ethics and practice; or,
(b) Possession of one or more diplomas, certificates, or
transcripts from~one or more recognized ~schools of massage,
college, junior college or university which show satisfactory
completion of at least two hundred hours of a nonrepetitive
curriculum in anatomy, physiology, hygiene, sanitation, and massage
theory, ethics and practice, and at least~ one hundred hours of
documented experience of medical referral massage working under the
supervision of a licensed physical therapist, physician,
chiropractor, or other health professional who is duly licensed to
practice his/her respective profession under the laws of the State
of California or of any other state or country; or,
(c) Possession of current national certification by an
organization accredited by the National Commission for Certifying
Agencies which certifies therapeutic massage professionals; or
(d) Documented massage experience for a continuous period
of two or more years pursuant to a massage practitioner or
equivalent permit issued by the City.
Persons having permits issued by the city under this
chapter on or before June 30, ~1997, but who do not on that date
satisfy the educational requirements set forth in subsections (a),
(b),~ (c), or (d) above shall have a period of three years from
June 30, 1997, to satisfy the educational requirements set forth in
subsections (a), (b), or (c) above in satisfaction of the
5970603 syn 0043032
educational requirements for a renewal of those existing permits;
provided, however, that persons having permits issued by the city
under this chapter on or before June 30, 1997, but who do not on
that date satisfy the educational requirements set forth in
subsections (a), (b), or (c) above shall not be considered to meet
the educational requirements of this section through documented
massage experience pursuant to subsection (d) above accumulated in
whole or in part after June 30, 1997.
4.54.040 Permit application fee
Any application for a massage establishment permit,
managing employee permit, massage practitioner permit, or temporary
massage practitioner permit, or for renewal thereof, shall ~be
accompanied by payment of the required fee as set forth in the
municipal fee schedule. The application fee shall be used to
defray, in part, the costs of investigation and report, and is not
made in lieu of any other fees or taxes required under this code.
Applicants for a massage establishment permit concurrently
regulated as a hot tub/sauna establishment under Chapter 4.56 of
this code shall be exempt from the requirement to pay an additional
permit fee for the operation of a massage establishment. All
required fees must be paid prior to the issuance of any permit.
All fees shall be non-refundable, except that the examination fees
shall be refundable if the application is denied ~before the
applicant takes the written and/or practical examination. If the
applicant initially fails either the written examination, the
practical examination, or both, and wishes to retest pursuant to
this chapter, payment of the examination fee shall be required
again as a condition of taking the examination for the second time.
4.54.050 Permit applications
Any application for a massage establishment permit, a
managing employee permit, a massage practitioner permit, or a
temporary massage practitioner permit shall be submitted to the
chief of police on a form provided by the chief of police. Within
ninety calendar days following receipt of a completed application,
the chief of police shall either issue the permit or mail a written
statement of the reasons for denial thereof. When necessary, the
police chief may extend the time in order to conduct a complete
investigation for an additional time not to exceed ninety calendar
days and shall advise the applicant of the reasons for the
extension. The application shall set forth the exact nature of the
massage services to be administered, the proposed place of business
and facilities therefor, and the name (including any nicknames or
other names used presently or in the past) and the present
residential and business street addresses and residential and
business telephone numbers of the applicant. The chief of police
shall require the applicant to allow fingerprints and photographs
to be taken and to execute a release authorizing the chief of
police to obtain any and all information or documents required in
6970603 syn 004"3032
order to conduct the investigation of the applicant’s qualifications
as authorized in this chapter.
In addition to the requirements of Chapter 4.04 and this
section, any applicant shall furnish the following information:
(i) The residential and business street addresses of
applicant, if any, for a period of five years immediately prior to
the date of the application and the dates of residence at each;
(2) Proof that the applicant is at least eighteen years of
age;
(3) Applicant’s height, weight, color of eyes and hair, and
any driver’s license number and social security number;
(4) The names, street addresses, and telephone numbers of
any massage establishment or any other business involving massage
by which the applicant has been employed or in which the applicant
has been an owner, partner or corporate officer, director, or
shareholder within the past ten years and the dates of such
employment or association;
(5) If the applicant for a massage establishment permit~is
a corporation, the name of the corporation shall be set forth
exactly as shown in its articles of incorporation, together with
the names and. residence addresses of each of its officers,
directors, and each stockholder holding more than five percent of
the stock ~of the corporation; if the applicant for a massage
establishment permit is a partnership, the application shall set
forth the name and residence address of each of the partners,
including limited partners (if one or more of the partners is a
corporation, the provisions of this section pertaining to a
corporate applicant shall apply);
(6) Any criminal conviction on the part of the applicant
(or any business in which applicant was an employee or a partner or
a corporate director, officer, managing employee or shareholder
while an offense occurred for which a criminal conviction was
obtained) for offenses for which a permit may be denied under
section 4.54.070 within the ten years preceding the date of the
application;
(7) Whether the applicant has had a license, certificate,
permit, or other authorization to engage in the practice of
massage, or the operation of a massage establishment or other
business engaged in the practice of massage, either denied,
suspended or revoked within the ten years preceding the date of the
application; the dates and reasons for any such denial, suspension
or revocation, and the name and location of the jurisdiction or
agency which denied, suspended or revoked such license,
certificate, permit, or other authorization shall be stated;
(8) Whether any business in which applicant was an
employee or a partner or a corporate director, officer, managing
970603 ~yn 0043032
employee or shareholder (while the applicant was an employee or a
partner or a corporate director, officer, managing employee or
shareholder) has had a license, certificate, permit, or other
authorization to engage in the practice of massage, or the
operation of a massage establishment or other business engaged in
the practice of massage, either denied, suspended or revoked within
the ten years preceding the date of the application; the dates and
reasons for anysuch denial, suspension or revocation, and the name
and location of the jurisdiction or agency which denied, suspended
or revoked such license, certificate, permit, or other
authorization shall be stated;
(9) Whether the applicant, including applicant as a member
of a corporation, business, or partnership, has operated or been
employed at, any business which has been the subject of an abatement
proceeding under the California Red Light Abatement Act (California
Penal Code Sections 11225 through 11235) or,any similar laws in
other jurisdictions~while the applicant was engaged in or employed
by that business; the name and address of the business, the dates
on which the applicant was employed at such business, the name and
location of the court in which the abatement action occurred, the
applicable case number, and the outcome of the abatement action
shall be stated;
(I0) Whether the applicant has met the educational
requirements set forth in this chapter or is exempt therefrom;
(ii) Whether the applicant has previously applied to the
city for a massage establishment permit, managing employee permit,
massage practitioner permit, or temporary massage practitioner
permit (or for the functional equivalent of such permits), the date
of the application and every name(s) under which the application
was made;
(12) In the case of an application for a massage
establishment permit or managing employee permit, the proposed name
and street address of the massage establishment, together with the
name and street address of any other massage business operated or
managed by the applicant, within the ten years preceding the date
of the application;
(13) In the case of an application for a massage
establishment permit or managing employee permit, whether the
applicant intends to personally provide massage services at the
business; ~
(14) A statement Under penalty of perjury that the
applicant has not made any wfllfully false, misleading, or
fraudulent statements or omissions of fact in the application or
any other documents required by the city to be submitted with the
application;
(15) In the case of an application for a massage
establishment permit or managing employee permit, the name and
street address of the owner or the lease holder of proposed
8970603 syn 0043032
premises of which application is made (and a copy of the lease must
be submitted) ;
(16) A diploma, certificate of graduation, transcripts, or
other written proof acceptable to the police chief that the
applicant has met the educational requirements set in this chapter;~
(17) Documentation to prove that the applicant is a citizen
of the United States or has a lawful right to work in the United
States;
(18) Other related information requested by the police
chief required in order to confirm the identity of the applicant
and evaluate the background and qualifications of the applicant for
the permit sought.
4.54.060 Processing of application; written/practical
examinations.
Upon receipt of an application for a permit the police
chief shall reviewthe application and supplementary material. If
it is clear from the face of the application and supplementary
materials that the applicant is not qualified for the permit
sought, the application may be denied without further investigation
or testing. If it appears from the face of the application and
supplementary material that the applicantmay be eligible for the
permit(s) sought, the police chief shall verify the information
submitted by the applicant and shall further investigate the
qualifications of the applicant as follows:
(a) The police chief shall photograph the applicant and
take a full set of the applicant’s fingerprints and shall submit
the fingerprints to the Department of Justice (DOJ) and to the
Federal Bureau of Investigation (FBI) for evaluation, and.upon
receipt of the report from the DOJ and FBI, the police chief shall
review the criminal history (if any) of the applicant;
(b) Upon receipt of ~an application for a massage
establishment permit or for a massage practitioner permit where the
applicant requests authorization to provide home massage services,
the police chief shall refer the application to the city"s fire,
building, and planning departments, who shall .review the
application and inspect the premises to ensure that the designated
site will comply with applicable city zoning, building, fire safety
ordinances, and any other applicable city ordinances;
(c) The police chief may conduct additional investigations
(including oral interviews of the applicant) when necessary to
determine if the applicant meets the qualifications for a permit
pursuant to this chapter;
(d) The police chief shall require an applicant for a
massage practitioner permit or temporary massage practitioner
permit (unless qualified for the educational requirements under
970603 syn 0043032
sections 4.54.035(c) or (d)) to take and pass a written examination
(and, at the discretion of the examiner, a practical examination)
to demonstrate a basic knowledge of anatomy, physiology, hygiene,
and the theory, practice, ethics, and methods of massage; the
examinations shall be administered on behalf of the city, by a
qualified massage specialist selected by the chief of police, who
shall establish procedures for the examinations in accordance with
this chapter; if the applicant requests the services of an
interpreter for their written and/or practical examination, the
applicant shall arrange for the services of a court-certified
interpreter at the applicant’s expense; if the applicant fails the
written examination or fails the practical exam, the applicant
shall be permitted to retake the examination once, after at least
thirty but no more than sixty days have elapsed from the date of
the first examination, so long as the applicant pays the applicable
examination fees for a second time and complies with police
department procedures; if the applicant fails the examination a
second time, the application shall be denied, and the applicant
shall not be permitted to apply again’ for a massage practitioner
permit or temporary massage practitioner permit for a period of one
year.
4.54.070 Grant or denial of application for permit.
The police chief shall grant or deny the application for a
permit within ninety days of the applicant’s submission of a
completed application and all required supplementary material.
When necessary, the police chief may extend the time in order to
conduct a complete investigation for an additional time not to
exceed ninety calendar days and shall advise the applicant of the
reasons for the extension. The police chief shall deny a permit if
the applicant has failed to fulfill any of the requirements set
forth in this chapter or any other applicable provisions of this
code. In addition to those set forth in Section 4.04.140, the
police chief, shall deny a permit if any of the following
¯ circumstances exist:
(a) The .application is incomplete and/or required
supplementary materials are not submitted within thirty days from
the date of application;
(b) The applicant does not have proof of the required
educational qualifications or does not take and pass the required
written examination or the required practical examination;
(c) The applicant has previously had a massage
establishment permit, managing employee permit, massage
practitioner permit, or any similar license, certificate, or permit
revoked by the city;
(d) The applicant has made a willfully false, misleading,
or fraudulent statement or omission of fact in his/her application
or other materials submitted with the application-or ~in any
interviews conducted in the course of processing the application;
i0970603 .yn 0043032
(e) The applicant(or any former partner of the applicant or
any partnership in which the applicant was a partner or any
corporation of which the applicant was an officer, director
managing employee or shareholder while engaged in providing massage
services in participation with the applicant) was successfully
prosecuted under the Red Light Abatement Act (California Penal Code
Sections 11225 through 11235) or any similar laws in another
jurisdiction within the previous ten years;
(f) The applicant (or any former partner of the applicant
or any partnership in which~.the applicant was a partner or any
corporation of which the applicant was an officer, director,
managing employee or shareholder in participation with the
applicant) was convicted of any of the following offenses or
conspiracy or attempt to commit any of the following offenses:
(i) An offense which requires registrationpursuant to
California Penal Code Section 290 at any prior time, or a violation
of Penal Code Sections 207, 266a through 266i, 273e through 273g,
286.5, 311 through 311.7, 313.1, 314, 314.1, 315, 316, 318, 646.9,
647(a), (b), (d), (h), or (k), or equivalent offenses under the laws
of another jurisdiction, even if expunged, pursuant to Penal Code
Section 1203.4, within the previous ten years;
(2) An offense inwDlving the manufacture, sale
possession, transportation, or use of any controlled substance as
defined in California Health and Safety Code Chapter 2 of Division
i0, with the exception of the offense proscribe in California
Health and Safety Code section I1357(b);
(3) Any offense involving the use of force or violence
upon another person within the previous five years;
(4) Any offense involving theft or fraud within the
previous five years.
(g) The operation of the massage establishment at the
proposed site would violate state or local health, Zoning,
building, fire regulations, or other provisions of the city
ordinances related to health or safety.
(h) Any violation of this chapter within the prior three
years that would be grounds for~revocation or suspension of a
permit.
4.54.080 Notice of grant or denial of
reapplication.
application;
The polic~ chief shall give written notice of the grounds
for denial to the applicant for a permit° If the application is
denied, the notice shall be by personal delivery or by certified
mail and shall advise the applicant of the right to appeal the
decision. An applicant may. reapply for a permit after a period of
970603 syn 0043032
11
not less than one year has elapsed from the date of final denial of
an application for a permit.
4.54.090 Appeal of denial of application for a permit.
Upon the denial of .an application for a permit, the ’
applicant may appeal through the following procedures:
(a) Request for appeal hearing. The applicant shall file
a written request for an appeal hearing, which states the specific
grounds on which the decision of the police chief to deny the
permit is contested, within thirty days after service of the
notice of the written decision by deposit of the notice, addressed
to the holder of the permit, by certified mail and/or by personal
delivery. If the applicant does not request an appeal hearing
within the thirty day period, no further notice is required and
the application will remain denied.
(b) Notice of time and place of hearing. Upon receipt of
a request for an appeal hearing, the. city manager or designee shall
notify the applicant in writing of thedate, time, and place of the
hearing before the city manager or designee, which shall not be
less than ten days after personal delivery or after the deposit of
the notice, addressed to the applicant, by certified mail.
(c) Hearing before city manager or designee. At the
hearing, both the applicant and the police chief shall have the
right to appear and be represented by counsel, and to present
evidence and arguments relevant to the grounds on which the
decision to deny the application is appealed. The burden of proof
shall be on the applicant to show that the applicant meets the
qualifications for a permit and is entitled to the issuance of such
permit. If the applicant requires the services of an interpreter
for the hearing, the applicant shall arrange for the services of a
court-certified interpreter at the applicant’s expense.
(d) Decfsion of city manager or designee. Within ten
business days of the hearing, the city manager or designee, shall
issue a written decision which states whether the decision of the
police chief to deny the application is upheld or reversed, and the
reasons for this decision. ’The notice of the decision shall be
personally delivered or mailed tothe applicant by certified mail.
The decision of the designated hearing officer shall be final.
4.54.100 Expiration and renewal.
Permits for massage establishments shall expire three years
after the date of their issuance, unless earlier revoked by the
police chief. Permits for massag~e practitioners .and managing
employees shall expire three years after the date of their
issuance, unless earlier revoked by the police chief. Applications
for renewal of permits must be submitted to the police chief no
sooner than one hundred twenty days and no later than ninety days
12970603 .yn 0043032
prior to the expiration of such permit on a form provided by the
city, which shall .require the applicant for renewal to update the
information contained in the original application. The applicant
must pay the city a non-refundable fee set forth in the municipal
fee schedule, at the time of filing the application for renewal.
After investigating the application for renewal, the police chief
may renew the permit if the applicant continues to meet the
standards for the issuance of a permit, and none of the grounds for
denial of a permit set forth in this chapter exist. The police
chief shall give the applicant for renewal written notice ofothe
decision to issue or deny the renewal within ninety days of the
submittal of the completed application for renewal. If the
application is denied, the notice shall be personally delivered or
sent via certified mail and shall state the specific grounds for
the denial and the right of the applicant to appeal through the
procedures set forth in this chapter. If the holder of the permit
does not file a completed renewal application at least ninety days
prior to the expiration of the permit or certificate, the applicant
shall be required to file an application for a new permit and will
be required to pay the applicable fees for a new permit.
4.54.110 Massage facilities and operations requirements.
(a) All massage establishments and all locations where home
massage services are rendered shall comply with the following
facilities and operations requirements:
(I) The structures where the massage services are
authorized to be provided shall comply with all state and local
health, safety, planning, zoning, and building and fire code
requirements.
(2) The structures where the massage services are
authorized to be provided will be well lighted at all times during
business hours.
(3) Clients shall be furnished with a dressing room.
Dressing rooms will be used only by clients of the same sex at the
same time, and no persons associated with the massage establishment
or home massage service provider will be present. Dressing rooms
need not be separate from the room in which~the massage is being
performed.. Dressing rooms and rest rooms may only be used by
clients of the same sex at the same time. Doors shall be provided
for all dressing rooms, rest rooms, and massage rooms; draw drapes,
curtain enclosures, or accordion-pleated enclosures are acceptable
in lieu of doors for dressing rooms and massage rooms.
(4) All premises and facilities shall be maintained in
a clean and sanitary condition and shall be thoroughly cleaned
after each day of operation. The premises and facilities shall
meet applicable state and local health and safety code
requirements, including but not limited to those related to the
safety of structures, adequacy of the plumbing, heating,
13
970603 syn 0043032
ventilation, and waterproofing of rooms in which showers, water, or
steam baths or hot tubs are used.
(5) Clients shall be provided with clean and Sanitary
towels, sheets and linens in sufficient quantity. Towels, sheets
and linens shall not be used by more than one person. Reuse of
such linen is prohibited unless the same has first been laundered.
Heavy white paper may be substituted for sheets on massage tables,
provided that such paper is used once for each person and then
discarded into a sanitary receptacle, containers shall be provided
for the storage of all soiled linens.
(6) The holder of the massage establishment permit,
managing employees, massage practitioners, and all employees-of the
massage establishment shall remain fully clothed in clean outer
garments while in the presence of any client. At a minimum such
clothing shall be made of non-transparent material and shall not
expose the buttocks, genital area, or breasts of any employee or
permit holder at any time. Bikini swimsuits and halter tops shall
not be accepted.
(7) Each service offered, the price thereof, and the
minimum length of time such service shall be performed shall be
posted in a conspicuous public location in each massage
establishment or home massage service location in such a manner
that it can easily be seen by persons entering the establishment.
No other services, other than~those posted, shall be provfded. The
massage establishment permit holder shall not allow any person
other than a permitted massage practitioner or temporary massage
practitioner to perform massage for compensation at the massage
establishment or at any off-premises massage location under the
direction of the massage establishment permit holder. ~
(8) No massage establishment shall be kept open for
business andno massage practitioner shall administer any massage
services after the hour of eleven p.m. or before the hour of six
a.m. No massage practitioner shall provide home massage services
after the hour of ten p.m. or before the hour of eight aom. No
massage practitioner shall provide off-premises massage services
after the hour of eleven p.m. or before the hour of six a.m.
(9) If the ~holder of the massage estabiishment~ permit
does not personally attend the business during all hours of
operation, one or more managing employees shall be designated who
shall be in charge of the operation of the business during the
absence of the holder of the massage establishment permit. If any
managing employee will personally provide massage services at the
business, that managing employee must obtain a massage practitioner
permit.
(i0) Every massage establishment and every massage
practitioner providing home massage services shall maintain written
records which include the date and hour of each. massage service
provided and the name of the massage practitioner administering the
massage service; these records shall be kept on the business
premises and shall be open to inspection by officials upon request,
970603 syn 0043032
14
including the police department and city attorney, charged with the
enforcement of this chapter; these records will be kept for a
period of at least six months.
4.54.120 Inspection by officials.
Any and all investigating officials of the city shall have
the right to enter massage establishments and home massage service
locations from time to time during regular business hours to make
reasonable inspections to observe and enforce compliance with
planning,, zoning, building, fire, electrical, plumbing or health
regulations and to ascertain whether the provisions of this chapter
are being complied with. A warrant shall be obtained whenever
required by law.
4.54.160 Inspection of permits, licenses.
Each massage establishment and each home massage service
location shall maintain for inspection by law enforcement officials
and by any customer or member of the public at any time during
operating hours upon demand therefor the massage establishment
permit and the permit of each and every managing employee, massage
practitioner or temporary massage practitioner employed in the
establishment.
4.54.170 Exemptions.
(a) This chapter shall not apply to massage services
provided within hospitals, skilled nursing facilities, sanitoriums,
hospices, convalescent facilities, or other health facilities
licensed by the state of California.
(b) This chapter shall not apply to the following classes
of individuals while engaged in the performance of the duties of
their respective.professions:,
(i) Physicians, surgeons, chiropractors, osteopaths or
physical therapists or other such persons licensed to practice any
healing art or profession under the provisions of Division 2 of the
California Business and Professions Code or to other persons
working under the supervision of any such licensed person for
medical therapeutic purposes;
California;
(2) Nurses registered under the laws of the State of
(3) Trainers of any amateur, .semiprofessional or
professional athlete or athletic team certified under the laws of
the State of California;
(4) Barbers or cosmetologists or estheticians licensed
under the provisions of Division 3 of the California Business and
15970603 syn 0043032
Professions Code who administer such treatment in good faith in the
course of licensed practice;
(5) Persons providing hospice services outside of a
licensed hospital, hospice or other health facility.
4.54.175 Hot Tub/Sauna~Establishment and Operation
Requirements.
Massage services shall not be given or made available to
patrons at hot tub/sauna establishments, unless the establishment
has obtained and maintained in effect a massage establishment
permit for the hot tub/sauna establishment. Hot tub/sauna
establishments which offer massage services must comply with all
provisions of this chapter. <All employees of the hot tub/sauna
establishment who engage in the practice of massage must first
obtain and maintain in effect a massage practitioner permit
pursuant to this chapter.
4.54.180. Suspension and revocation of permits.
The police chief may suspend for a period of up to three
years or may revoke a permit if there is reasonable cause to
believe that:
(a) The permit holder has operated or managed the massage
establishment or provided services in a manner which violates any
provision of this chapter, state law, federal law, or other
applicable local agency code provision;
(b) The permit holder has committed any offense involving
lewdness, indecent exposure, prostitution, or any other offense
which would be grounds for denial of an application, or employees
of the establishment have committed such offenses in the course of
their employment and the permit holder has permitted them to do so,
or failed to prevent.them from doing so. The employer shall be
responsible for those acts of its employees and massage
practitioners which are done in the course and scope of their
employment;
(c)~ The permit holder willfully made a materially false or
misleading statement, or omission of fact on any application, or in
any supplementary materials submitted or in any interview conducted
in the processing of the application for the permit;
(d) The permit holder is operating or managing the
establishment, or providing services in a manner which poses a
danger to the health and safety of employees, clients, and/or the
public, or without due regard for proper sanitation or hygiene;
(e). Any violation of this chapter or state lawby any person has
occurred on the premises of a massage establishment a home massage
service location and has not been prevented by the permit holder- or
managing employee thereof;
16970603 syn 0043032
Whenever the police chief has reasonable cause to believe
that grounds for the suspension or revocation of a permit exists,
the police chief shall give the holder of the permit written notice
stating the alleged grounds for the suspension or revocation and
the effective date of the suspension or revocation. This notice
will be by certified mail or personal delivery to the permittee or
a managing employee, and shall provide the permit holder with
information on the appeal process.
Upon receipt of a request for an appeal hearing, the city
manager or designee shall notify the permit holder in writing by
personal delivery or certified mail of the date, time, and place of
the hearing~ which shall not be less than ten business days after
the service of the notice. At the hearing, both the holder of the
permit and the police chief shall have the right to appear and be
represented by counsel and to present evidence and arguments which
are relevant to the grounds for the appeal, as stated in the
written request for an appeal hearing. If the applicant requires
the services of an interpreter for the hearing, the applicant shall
arrange for the services of a court-certified interpreter at the
applicant’s expense. Within ten business ~days after the hearing,
the city manager or designee shall issue a written decision which
states whether the decision of the ~police chief is upheld,
modified, or reversed and states the length of any suspension and
the effective date of the suspension or revocation. The decision of
the city manager or designee shall be served on the holder of the
permit by personal service or by certified mail.. The decision of
the city manager or designee shall be final.
Upon a written decision of the city manager or designee
which suspends or revokes a permit, the holder of the permit shall
surrender the permit to the police chief immediately after service
of the notice of the written decision.
No application for any permit issued under this chapter
shall~ be accepted by the chief of police from the same applicant
within three years following revocation of a permit issued under
this chapter.
4.54.190 Prohibited acts.
The following acts are prohibited:
(a) Touching of sexual and genital parts. No holder of a
massage establishment permit, managing employee permit, massage
practitioner permit, temporary massage practitioner or any other
employee of a massage establishment shall touch with any part of
the body or with any mechanical device a sexual or genital part of
any client or any other person within a massage establishment or
otherwise in connection with the transaction of massage business
except as prescribed in writing by a health care professional
licensed by the State of California to prescribe such services. No
holder of .a massage establishment permit, managing employee permit,
massage practitioner permit, temporary massage practitioner or any
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other employee of a massage establishment shall permit a client or
any other person to massage any part of the body or to touch with
any part of the body or with any mechanical device the breasts or
any sexual or genital part of the permit holder or any other
employee of a massage establishment within a massage establishment
or ~otherwise in connection with the transaction of massage
business. Sexual and genital parts shall include the genitals,
pubic area, anus, or perineum. No holder of a massage
establishment permit, managing employee permit, massage
practitioner permit, temporary massage practitioner or any other
employee of a massage establishment shall touch with any part of
the body or with any mechanicel device the breasts of any female
client unless the female client has first expressed written
consent therefor.
(b) Uncovering and exposure of sexual and genital parts.
No .holder of a massage .establishment permit, managing employee
permit, massage practitioner permit, temporary massage
practitioner, or ~any employee of a massage establishment shall
uncover and expose any sexual or genital parts of a client within
a massage establishment or otherwise in connection with the
transaction of massage business. No holder of amassage
establishment permit, managing employee permit,massage
practitioner permit, temporary massage practitioner,or any
employee of a massage establishment shall uncover and expose their
breasts or any sexual or genital parts of their body to a client
within a massage establishment or otherwise in connection with the
transaction of massage business.
(c) Possession of alcoholic beverages or sexual materials.
No holder of a massage establishment permit, managing employee
permit, massage practitioner permit,.temporary massage practitioner
permit, or any other employee thereof shall possess alcoholic
beverages, condoms or sexually explicit materials on the premises
of a massage establishment or (for off-premises massage or home
massage services), within the room where massage is performed.
(d) Searching or inquiry of clients. No holder of a
massage establishment permit, managing employee permit, massage
practitioner permit, temporary massage practitioner permit, or any
employee thereof shall search or inspect in any way the clothing
and/or possessions of any client, potential client, or other non-
employee or maintain any metal detectors, scanners, or other
instruments capable of being used to detect electronic transmission
or recording devices° No permittee or agent or employee of~any
permittee shall inquire whether a client or potential client is a
law enforcement officer in anticipation of or in connection with
the performance of massage services.
(e) Refusal to serve female clients. No holder of a
massage establishment permit, managing employee permit, massage
practitioner permit, temporary massage practitioner permit, or any
employee thereof shall refuse to provide massage service or to
attempt to discourage any female individual from obtaining massage
service because of that person’s gender°
189"/0603 syn 0043032
(f) Off-premises massage services. Every massage
establishment permittee and every massage practitioner providing
off-premises massage services shall maintain written records of
those off-premises massage services which include the date and hour
of each service provided, the type of services received, and the
name of the massage practitioner administering the service; these
records shall be shall be open to inspection by officials,
including the police department and city attorney, charged with the
enforcement of this chapter upon request; these records will be
kept for a period of at least six months. No massage practitioner
shall provide off-premises massage services after the hour of
eleven p.m. or before the hour of six a.m. Off-premises massage
shall not be performed for compensation on any public street,
sidewalk, park or plaza.
(g) Home massage services. Home massage services may be
provided solely by the resident massage practitioner without
assistance and may be provided to only one client at a time and
only during the hours of eight a.m. to ten p.m.
(h) Transfer of permit.¯ No permit issued pursuant to this
chapter shall be transferred.or assigned in any matter, whether by
authorization of law or otherwise, from any location to another
location or from any person to another person; provided, however,
that a person possessing a massage practitioner permit issued by
the city shall be able to move from one employer to another (or to
add new employers) without filing a new application or paying a new
fee so long as the permit holder notifies the police chief in
writing Of the change in employmentwithin five days following such
change (and failure to provide this notification to the police
department within five days shall be grounds for suspension,
revocation, or denial of the permit).
Violations of subsections (a) through (h) above shall be
grounds for the suspension or revocation of a massage establishment
permit, managing employee permit, or massage practitioner permit by
the city, but shall not constitute criminal offenses under this
chapter.
Any massage establishment or home massage service location
which is opened, operated, ormaintained contrary to the provisions
of this chapter shall be deemed a public nuisance. In addition to,
or in lieu of, any other legal remedies, the city attorney or
district attorney may commence a civil legal action in a court of
competent jurisdiction to abate such nuisance and to enjoin the
continued operation and maintenance of the establishment or home
service massage location in a manner prohibited by this chapter.
In addition to the foregoing, the city shall be entitled to
recover all costs of investigations, consultants, and attorney’s
fees incurred in the course of a civil legal action to abate the
nuisance.
19970603 syn 0043032
SECTION 3. The Council hereby finds that adoption of this
ordinance does not constitute a project under the California
Environmental Quality Act.
SECTION 4. This ordinance shall be effective on the
commencement of the thirty-first day after the date of its
adoption.
INTRODUCED :
PASS ED :
AYES :
NOES :
ABSTENTIONS :
ABSENT:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
Mayor
City Manager
Police Chief
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