HomeMy WebLinkAboutCD Massage Inspectionscrry of 4009 Agenda Item No: 7' b
'n. Meeting Date: December 1, 2014
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: qCommunity Development/City Attorney J/j
Prepared b. - City Manager Approval" +' r��t�
Paul )ens , Community Developmentfor (RB)
Lisa Goldfien. Assistant City Attorney
SUBJECT:
San Rafael Municipal Code (SRMC) Amendment to Title 10.90 (Massage Therapy). Text
amendments to SRMC Title 10.90 (Massage Therapy) to reflect: 1) Changes to state law related
to Massage Therapy through the passage of Assembly Bill (AB 1147), signed into law on
September 18, 2014 and set to be effective on January 1, 2015; and 2) clean up, modification
and clarification of Ordinance provisions related to registration, inspections, operational
standards and revocation process; File No.: P14-013
RECOMMENDATION:
Staff recommends that the City Council:
1. Pass Ordinance to Print, amending San Rafael Municipal Code Title 10.90 (Massage
Therapy) as outlined in Attachment 1; and
2. Direct the city Clerk to schedule the ordinance for adoption at the next regular City
Council meeting of December 15, 2014
BACKGROUND:
Senate Bill SB731: The City's Massage Ordinance (SRMC 10.90) was last updated in
November 2010 (Ordinance No. 1890). The 2010 update was prompted by changes in State
Law (SB 731) in 2009. Professional massage therapists pushed for adoption of SB 731 in
response to what they saw as patchwork, and overly harsh, local regulations of the massage
therapy profession throughout the state. SB 731, called the Massage Therapy Act, created a
quasi -State agency (California Massage Therapy Council aka CAMTC) to regulate massage
therapists and established stringent new limits on the power of cities and counties to regulate
massage therapists and massage businesses. The State law included a sunset clause, expiring
on January 1, 2015, to allow the state to review the law and its impacts.
The City's 2010 update to the Massage Ordinance brought it into compliance with SB 731, and
emphasized enforcement through a new administrative process, rather than the criminal
process used under the prior ordinance, which had proved ineffective. Unfortunately,
FOR CITY CLERK ONLY
File No.: q -to 3 V 9-3-3,0 1 tet' -3_/6
Council Meeting: 1.;l -I rf .2+01y
Disposition: ec!:;)�PPrut �92�
immediately following adoption of the Ordinance in 2010, the Police Department, which was
assigned to implement and enforce the Ordinance, experienced substantial budget and staff
reductions, Therefore, from 2010-2013, there was limited implementation and enforcement of
the new Massage Ordinance.
In 2013, in an effort to step up enforcement of the Massage Ordinance, its was been tasked to
the Community Development Department (Code Enforcement Division). Since then, Code
Enforcement staff has worked with an outside contractor, CSG Consultants, to implement for
the first time the ordinance's registration process and inspections of all Massage
establishments. Pursuant to this program, numerous citations have been issued to
noncompliant businesses, and the City has required one establishment to cease operations.
Five other massage businesses have shut down on their own initiative,
Assembly Bill ABI 147: Earlier this year, the State updated and extended the Massage
Therapy Act. On September 18, 2014, the Governor signed AB 1147 into law, to become
effective on January 1, 2015. This update to state law was performed for two reasons., 1) the
current law was set to sunset on January 1, 2015 absent an extension by the Legislature; and
there were significant concerns expressed by numerous cities and counties throughout the stal
that the effects of the current law's limits on the power of local jurisdictions to regulate massagf
businesses had led to an explosion of new illicit massage establishments 'in their communities
since 2009. AB 1147 extends the law for another 2 -year period, from January 1, 2015 through
January 1, 2017, and results in three main changes to existing law:
Changes to CAMTC Governance. CAMTC is the quasli-governmental body that was
originally established in 2009 through pursuant to SB 731 to regulate massage
practitioners and their education. Under SB 731, the CAMTC Board was primarily
composed of massage industry leaders. AB 1147 reduces the number of Board of
Directors from 20 to 13 and broadens the diversity of the Board's makeup to include
fewer massage industry members and additional representatives of a variety of
stakeholders, including local law enforcement, State education, anti-human tracking and
others,
Return Local Control. The prior law, SB 731, eliminated local zoning control of massag-"u
establishments and mandated that a city could not treat massage uses any different
from any other personal or professional service uses, like nail salons, shoe repair,, trav
agents, doctors, etc. AB 1174 returns zoning control over massage businesses to citie
Cities can also now charge reasonable costs to cover their time in regulating massage
establishments. I
Educational Requirement Changes. AB 1147 would increase educational requirements
for Certified Massage Therapists and also give CAIVITC the authorization to approve
schools, rather than just pursue the rejection of problem schools and so-called diploma
mills. According to CAMTC, the official list of approved California massage schools
should be completed by 2016.
A copy of the AB 1147 in its entirety is attached as information to this staff report (Attachment 2,
pages 35-53 of this report)
certification of massage practitioners. Cities are only allowed to verify that massage
practitioners are certified through CAMTC.
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slast 11 -IT -115 -a -M jearS OT pel-Torming registra *71-1-artlo-1-17ispFctions UT massage es..—.— I 1-1�
and pursuing enforcement on non-compliant businesses.
The proposed new Ordinance is provided in Attachment 1, pages 9-33 of this report) and has
been marked up using trakit changes (stk-e�� text for deletions and underline text for
additions). For the purposes of this discussion, staff will not identify every charges to the
ordinance, but rather highlight the substantive changes.
10.90,060 (Operation of certified massage establishment—Certificate required)
This section establishes the requirement for persons who seek to operate a massage
establishment who are also certified massage therapists. As certified massage therapists, the
CAMTG performs background checks and we as a city are rot allowed to require additional
verification or background checks. The following more substantive changes are proposed to this
subsection:
1 O 90.60. A. 6 - Clarifies that when a massage establishment registers, it must r! 1,
the names of all massage therapists that the massage employs, Laterprovisions of
Ordinance already require that only certified massage therapists be employed by a
massage establishment and that no visitors or patrons be permitted outside the
reception area unless they are a patron receiving a massage or certified massage
therapist.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
10.90.060.8 - Based on the new state law, cities can now collect a fee to cover the staff
time associated with the registration process for new certified massage establishments.
A separate fee schedule amendment will be brought to the Council at a future date to
establish the appropriate fee.
• 10.90.060.F - Creates a new appeals process if the city denies an application for a
certified massage establishment.
10.90.060.1– Clarifies that massage establishments are not allowed to employ a new
massage therapist, until that therapist is added to the businesses registration and the
City approves the change. In addition, based on the state law, a fee can be charged by
the city to cover staff time in processing such a request. Over the past year, staff has
discovered many therapists working in massage establishments who are not registered
to work at the business. This change will clarify that they cannot perform massage until
the registration for the business is amended to include that employee and it is approved
by the city.
10.90.060.J.2 – This section clarifies that if a certificate for a massage establishment is
revoked, the city may impose a one year moratorium during which the property owner
would be unable to lease to another massage establishment.
•
10.90.060.J,3- Clarifies that a certified massage establishment certificate cannot be
renewed or amended until any unpaid citations are paid (those citations that are due,
meaning they are past the 30 days to pay or appeal).
• 10.90.060. J. 4 - Clarifies that if a notice of revocation or suspension has been issued,
the City will not process an application for a sale to a different operator at the same
address. This will prevent an owner of a massage establishment who is facing a
revocation hearing for their business from selling the business before the revocation
hearing is conducted and the city takes action.
Section 10.90.070 (Regulations applicable to operation of massage establishment, other than
certified massage establishment—Operator permit required)
This section deals with the requirement for persons who seek to own a massage establishment
and are not certified massage therapists. As non -certified massage therapist, the application
requirements are more stringent for these types of owners, since they do not go through the
background check process by the CAMTC_ The following more substantive changes are
proposed to this subsection:
• 10.90.070.6 – Same as 10.90.0600A.6, but this section deals with operator permits.
Operator permits are those owners of massage establishments who are not also
certified massage therapists.
• 10.90, 070. F - Same as 10.90.060. F, except this is for establishments operating
under an operator permit.
• 10.90.070.1– Same as 10.90.060.1, except this is for establishments operating under
an operator permit.
• 10, 90.070,J.2– Same as 10,90.060.J.2, except this is for establishments operating
under an operator permit.
1 0.90.070 J, 3 - Same as 10. 90.060J. 3, except this is for establishments operating,
under an operator permit.
10. 90.070, J. 4 - Same as 10. 90.060. J. 4, except this is for establishments operatil
under an operator permit.
10.90.090.(Reguirements for all massage establishment facilities and operations)
This section establishes the operational, physical facility and building and fire code
requirements, health and safety requirements, and attire and physical hygiene requirements th
all massage establishments must abide by. The following more substantive changes are
proposed to this subsection: I
10,90.090.A.3 — This section has been added to clarify that during the hours of
operation, patrons are only allowed in massage rooms if at leastone certified
massage practitioner is present, Furthermore, it clarifies that patrons or visitors are
not permitted in any employee break room or anywhere behind the front reception
area,
Tzrorly M.
I "His
10, 90,090. B - This section is amended to state that a reception area is required and
that if the massage establishment has no employees, the main on" door shall
remain open at all times during business hours, The City has had an issue in the
past with massage establishments that have multiple employees keeping their doors
locked during business hours, preventing inspectors from gaining access to the
business. The new state law now allows the City to require the door to remain
unlocked unless the business has no employees and is a sole proprietorship,
10.90.090,D.1- This section is amended to be consistent with the new state law 4
identify the prohibited type of dress for massage practitioners.
10.
This section ideriffies that any time a massage business changes its name, ownership or
location, the operator must apply for a new certified massage establishment certificate or
operator permit. The following rrore substantive change is proposed to this subsection:
-10. 90. 100 - This section is amended to clarify that no new application for a change
to business owner, location or business name approved by the City until any
outstanding citations paid in full.
10.90.120 (Ground for revocation or suspension of operator permit or certified massaqe
establishment certificate)
This section identifies the grounds for which a certified massage establishment certificate or
operator permit may be brought up for revocation or suspension. The following more
substantive change is proposed to this subsection:
10, 90.120 — Additional language is included to clarify that all owners of message
establishments are deemed to know and understand the requirements of the
Ordinance and that revocation or suspension may be pursued, even on a single
occasion of violation,
This section establishes the process for which the City may seek revocation or suspension of a
massage establishment.
10.90.130 — The main change in this section is that one of two hearings (appeal
hearing) is removed from the process for a revocation or suspension case. In the
current ordinance, there were two hearing opportunities, one before a hearing officer
and a subsequent right to appeal that decision to another hearing officer This
change will result in only one administrative hearing being afforded to the message
establishment after which the operator may resort to the courts to challenge the
decision.
California Environmental Quality Act: This Ordinance is exempt from the California
Environmental Quality Act ("CEQX) pursuant to the State CEQA Guidelines, since it can be
seen with certainty that there is no possibility that this Ordinance containing minor amendment��
to the registration, inspection and revocation processes for massage establishments or its
implementation would have a significant effect on the environment and is covered by the
general rule, pursuant to 14 Cal Code Regs. Section 15061(b)(3).
1411BLIC NOTICE:
Notice of these proposed amendments was provided 10 days before the Council meeting to all
massage establishments currently operating and registered with the City as well as the property
owners for all sites that have a massage establishment and other interested parties (Attachment
3, page 55 of this report). In addition, notice of this hearing was published in the Marin IJ on
Saturday, November 21, 2014. The draft text of the Ordinance amendments were posted on the
city's web site and the public notice referred notices to the web site to review the proposed
amendments.
FISCAL IMPACT:
Adoption of the Ordinance amendments would not result in a significant fiscal impact to the City,
aside from the staff time of the City Attorney's office and Community Development Departmen)
that was required to review and monitor the state law update process, review the final State law,
develop and prepare the draft amendments to the Ordinance and prepare this staff report,
The fiscal impact of the on-going implementation of the Ordinance is a separate matter that has
been previously reviewed and authorized by the Council, through the adoption of a contract for
code enforcement services with an CSG Consultant, an outside contractor, to manage the
implementation of the ordinance, inciuding registration, inspection, citation for violations,
pursuing enforcement and revocation proceedings against major violators. The current contract
for the code enforcement services was authorized by City Council Resolution #13734, approved
June 2, 2014, and includes a nct-tc-exceed budget that is valid through September 2015.
CONCLUSION;
Staff has been implementing the current Massage Ordinance for the past one -and -one -h
years, Certain amendments to the Ordinance are required to comply with the provisions of I
new State law. in addition, during the last year and a half of enforcement, staff has discover
many areas of the Ordinance that could be clarified in order to facilitate effective enforcement.1
9130MMIl 11111, 1 1, 11] 111 ! 1111111 11 ii I sMpfffm
The goal of the amendments is to strengthen the City's regulations governing massage
establishments. The City welcomes and encourages legitimate massage establishments and
practitioners as they perform a vital service, However, to encourage and support those
legitimate massage businesses, we must inspect all establishments and enforce the City's
regulations, Through the diligent Implementation of the amended Ordinance, the City will clearly
discourage illegitimate and non -complaint massage establishments.
Aside from these amendments, staff may return to the Council with a recommendation to adopt
moratorium on new massage tel..shments as a way to provide the City with time to consider
potential zoning modifications,
OPTIONS:
The following options may be considered by the City Council:
1. Pass the Ordinance to print (staff recommendation); or
k Continue the matter to a future City Council meeting for further review and discussion, or
ACTION REQUIRED:
It is recommended that the City Council adopt the attached Resolution,
ATTACHMENTS.,
1, Draft Ordinance with strikethrough/underline, illustrating specific edits to 9
amending San Rafael Municipal Code Section 10.90
M
3, Public Hearing Notice 55
DRAFT DATE: 11/20/2014
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE
CHAPTER 10.90 RELATING TO MASSAGE THERAPY
PRACTITIONERS AND ESTABLISHMENTS
WHEREAS, there is substantial research that indicates that the skillful practice of
massage can provide many health benefits including relief of pain from disease, injury and other
sources, and that massage can be a valuable component of a wellness program; and
WHEREAS, in 2008 by Senate Bill 731 ("SB 731"), the Legislature added new Chapter
10.5 (Sections 4600 et seq.) to the California Business and Professions Code, entitled "Massage
Therapists," which provides for the formation of a nonprofit "Massage Therapy Organization" to
oversee a state -sanctioned program of certification for massage therapy practitioners; and
WHEREAS, SB 731 established a scheme for a voluntary certification process for
persons wishing to practice massage therapy in California, with the intention of enabling persons
so certified to practice massage therapy in any city within the State without being required to
obtain a local pen -nit to practice; and
WHEREAS, SB 731 included a sunset clause, expiring on January 1, 2015, to allow the
state to review the law and it's impacts; and
WHEREAS, the "California Massage Therapy Council" was formed to administer the
laws enacted by SB 731, including the issuance of certifications to qualified massage
practitioners; and
WHEREAS, in 2010, the City Council adopted San Rafael Municipal Code Chapter
10.90, establishing regulations governing massage therapy businesses and practitioners in
compliance with SB 731, with the intention of reducing City involvement in local massage
therapy licensing, while still encouraging and facilitating the ethical practice of massage therapy
and complying with State law, by relying upon the uniform statewide regulations enacted by SB
731, and restricting the commercial practice of massage in the City to those persons duly
certified to practice by the California Massage Therapy Council; and
WHEREAS, in September 2014, the Legislature adopted Assembly Bill 1147 ("AB
1147"), amending the laws enacted by SB 731, which will go into effect on January 1, 2015; and
WHEREAS, the City Council wishes to amend San Rafael Municipal Code Chapter
10.90 as a result of the enactment of AB 1147 as well as clean up, modify and clarify the
Ordinance provisions related to registration, inspection, operational standards and revocation
process; and
WHEREAS, this ordinance is enacted pursuant to Government Code Sections 51030-
51034 and Business and Professions Code Sections 4600 et seq., as amended by AB 1147;
1
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DRAFT DATE: 11/20/2014
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES HEREBY ORDAIN AS FOLLOWS:
DIVISION 1:
San Rafael Municipal Code Chapter 10.90 entitled "Massage Therapy" is hereby
amended to read in its entirety as follows:
10.90.010 Purpose and intent.
It is the purpose and intent of this chapter to provide for the orderly regulation of offices and
establishments providing massage therapy services, and to prevent and discourage the misuse of
massage therapy as a front for prostitution and related activities in violation of state law, all in
the interests of the public health, safety, and welfare, by providing certain minimum building,
sanitation, and operation standards for such businesses, and by requiring certain minimum
qualifications for the operators and practitioners of such businesses. It is the further intent of this
chapter to streamline local massage therapy permitting procedures, while still facilitating and
advancing the ethical practice of massage therapy, by relying upon the uniform statewide
regulations enacted by the Legislature in 2008 as Business and Professions Code sections 4600 et
seq., ,known as the Massage Therm Act, and by restricting the commercial
practice of massage in the city to those persons duly certified to practice by the California
Massage Therapy Council formed pursuant to those statutes.
10.90.020 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:
A. "California Massage Therapy Council" means the Massage Therapy Organization formed
pursuant to tea! nr c Code eti ''� �thc Massage Therapy Act.
B.—"Certified massage establishment" means a massage establishment, including, but not limited
to, a sole proprietorship, where each massage establishment owner and each person
employed or retained to practice massage therapy for compensation as defined in subsection
10.90.050(B) is a certified massage practitioner.
8-.C. "Certified massage establishment certificate" means the city -issued certificate required by
this chapter to operate a certified massage establishment.
C- Q. "Certified massage practitioner" means any individual certified by the California
Massage Therapy Council as a Certified Massage Practitioner or as a Certified Massage
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DRAFT DATE: 11/20/2014
Therapist pursuant toCalif6mia Business and Pi-efiessions Code seetions '1600 . the
Massage Therapy Act.
B-E. "Compensation" means the payment, loan, advance, donation, contribution, deposit,
exchange, or gift of money or anything of value.
E1'. "Inspector" means the person or persons designated by the permit authority to conduct any
inspections required or permitted under this chapter.
f --G. "Massage," "massage therapy," and/or "bodywork" for puiWses of this chapter are used
interchangeably and shall mean the skillful application of touch, including but not limited to,
pressure, stroking, kneading, compression on or movement of the external surfaces of the
body by a practitioner to produce increased awareness, relaxation, pain relief, injury
rehabilitation, or neuromuscular reeducation.
6 [ 1. "Massage establishment" shall include the tenn "massage and/or bodywork office or
establishment", and means any business or establishment that offers massage therapy in
exchange for compensation, whether at a fixed place of business or at a location designated
by the patron. Any business or establishment that offers any combination of massage therapy
and bath facilities including, but not limited to, showers, baths, wet and dry heat rooms, pools
and hot tubs, shall be deemed a massage establishment under this chapter.
�4-1. "Massage establishment owner" or "owner of a massage establishment" shall mean and
include any of the following persons:
1. The sole proprietor of a sole proprietorship operating a massage establishment.
2. Any general partner of a general or limited partnership that owns a massage
establishment.
3. Any person who has a ten (10) percent or greater ownership interest in a corporation that
owns a massage establishment.
4. Any person who is a member of a limited liability company that owns a massage
establishment.
5. All owners of any other type of business association that owns a massage establishment.
4.1. "Operator permit" means the permit required by this chapter to operate a massage
establishment that does not qualify, as a certified massage establishment.
d-K."Operator" or "massage establishment operator" means any and all owners of a massage
establishment.
L_"Outcall massage service" means the engaging in or carrying on of massage therapy for
compensation at a location other than a massage establishment that has been permitted
pursuant to this chapter.
M. "Patron" means an individual on the premises of a massage establishment for the purpose of
receiving massage therapy.
K
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DRAFT DATE; 11/2€1/2014
-L-,V, "Permit authority" means the chief of police or his or her designee charged with the
administration of this chapter.
M-0. "Person" means any individual, firm, association, partnership, corporation, joint venture,
limited liability company, or combination of individuals.
4-.P. "Reception and waiting area" means an area immediately inside the kwit-main entre door
of the massage establishment dedicated to the reception and waiting of patrons of the
massage establishment and visitors, and which is not a massage therapy room or otherwise
used for the provision of massage therapy services.
GQT_"Sole proprietorship" means and inelede any legal fb
of busi-negs oa gartizet4 "sole
" ,. age sem,wesa,
massage establishment where the owner owns 100 percent of the business, is the only person
who provides massage services for compensation for that business pursuant to a valid and
active Call -fon -iia Massage Therapy Council certificate. and has no other employees or
independent contractors.
4)-.R. "Visitor" means any individual not retained or employed by the massage establishment
and not receiving or waiting to receive massage therapy services, but excluding law
enforcement personnel or governmental officials performing governmental business.
10.90.030 Certification by California Massage Therapy Council required for practitioners.
?n -aid after-Maf-eh 1, 2011, -ilt shall be unlawful for any individual to practice massage
therapy for compensation within the city unless that individual is ta-currently= certified as a
Cet4ified certified N4assai!e massage practitioner as defined in section 10.90.020,
10.90.040 (Reserved.)
10.90.040 Certified fnws��etifleaem, Cio, registration cer-t-ifiente require
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DRAFT DATE; 11/20/2014
10.90.050 Operation of massage establishments—Certified massage establishment
certificate or operator permit required.
A. On afieF Ma!-cli 1, 2011 —ilt shall be unlawful for any person or persons to operate a
massage establishment within the city without first obtaining a certified massage
establishment certificate or an operator permit pursuant to the requirements of this chapter.
B. On and after Nfitfeh 1. -2011. ilt shall be unlawful for any massage establishment operator
within the city to employ or retain any person to practice massage therapy for compensation,
or to allow any person to perform massage ther«-ELNcompensation on the premises of a
massage establishment, unless that person is a certified massage practitioner. For purposes
of this chapter, a massage establishment operator "employs or retains" a person to practice
massage therapy for compensation when:
1. That person is a directly paid employee of the massage establishment; or
2. That person's association with a massage establishment is that of an independent
contractor who receives compensation for massage therapy provided to patrons of the
massage establishment; or
That person receives a referral of patrons from the massage establishment and. at any
time before or after the referral, arranges in any way for compensation to flow to the
massage establishment operator (regardless of whether the parties involved acknowledge
that compensation is flowing in exchange for the referral, or whether such parties record
such compensation in their financial records).
�C. It shall be unlawful for an massage establishment operator within the city to emnlov or
retain any person to practice massae therapy -for compensation—or to allow any—person to
perform massage therapy for compensation on the premises of a massage establishment
unless and until that person is listed on the certified massage establishment certificate
required by Section 10.90.060 of this chanter. or the onerator hermit required by Section
1 1 1 as " s
10.90.060 Operation of certified massage establishment—Certificate required.
5
a
10.90.050 Operation of massage establishments—Certified massage establishment
certificate or operator permit required.
A. On afieF Ma!-cli 1, 2011 —ilt shall be unlawful for any person or persons to operate a
massage establishment within the city without first obtaining a certified massage
establishment certificate or an operator permit pursuant to the requirements of this chapter.
B. On and after Nfitfeh 1. -2011. ilt shall be unlawful for any massage establishment operator
within the city to employ or retain any person to practice massage therapy for compensation,
or to allow any person to perform massage ther«-ELNcompensation on the premises of a
massage establishment, unless that person is a certified massage practitioner. For purposes
of this chapter, a massage establishment operator "employs or retains" a person to practice
massage therapy for compensation when:
1. That person is a directly paid employee of the massage establishment; or
2. That person's association with a massage establishment is that of an independent
contractor who receives compensation for massage therapy provided to patrons of the
massage establishment; or
That person receives a referral of patrons from the massage establishment and. at any
time before or after the referral, arranges in any way for compensation to flow to the
massage establishment operator (regardless of whether the parties involved acknowledge
that compensation is flowing in exchange for the referral, or whether such parties record
such compensation in their financial records).
�C. It shall be unlawful for an massage establishment operator within the city to emnlov or
retain any person to practice massae therapy -for compensation—or to allow any—person to
perform massage therapy for compensation on the premises of a massage establishment
unless and until that person is listed on the certified massage establishment certificate
required by Section 10.90.060 of this chanter. or the onerator hermit required by Section
1 1 1 as " s
10.90.060 Operation of certified massage establishment—Certificate required.
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DRAFT DATE: 11/20/2014
On and after M Feh-1 2011, —o certified massage establishment shall operate within the
city without first obtaining a certified massage establishment certificate under this section.
A. Application for Certified Massage Establishment Certificate. All owners of the certified
massage establishment, or their duly authorized agent, shall file an application for a certified
massage establishment certificate for the massage establishment, on a form provided by the
permit authority. For purposes of this section, the "applicant" for the certified massage
establishment certificate shall refer to and include each and every owner of the massage
establishment. The application shall include the following information:
1. The name, address, and telephone number of the massage establishment:
2. The name, residence address and telephone number, and business address and telephone
number of the massage establishment owner(s) applying for the certified massage
establisl-rment certificate.
3. The form of business under which the applicant will be conducting the massage
establishment, i.e.; corporation, general or limited partnership, limited liability company,
or other form. 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 shareholder holding more
than ten percent (10%) of the stock of the corporation. If the applicant is a general or
limited partnership, the application shall set forth the name and residence address of each
of the partners, including limited partners. If one (1) or more of the partners is a
corporation, the provisions of this section pertaining to a corporate applicant shall apply.
If the applicant is a limited liability company, the application shall set forth the name and
residence address of each of the members. If one (1) or more of the members is a
partnership, limited liability company, or corporation, the provisions of this section
pertaining to a partnership, limited liability company, or corporate applicant shall apply,
as applicable.
4. The name and address of the owner of the real property upon, in, or from which the
certified massage establishment is to be operated. In the event the applicant is not the
legal owner of the property, the application shall be accompanied by a copy of any
written lease between the applicant and the property owner authorizing use of the
premises for a massage establishment, or, alternatively, if there is no written lease, then a
written, notarized acknowledgment from the property owner that the property owner has
been advised that a massage establishment will be operated by the applicant upon, in, or
from the property owner's property.
A description of the proposed massage establishment, including the type of treatments to
be administered.
-The name of each person that the massage establishment employs or retains to perform
massage therapy for compensation. whether on or off the massage establishment
premises.
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DRAFT DATE: 11/20/2014
�7.For each person that the massage establishment does or will employ or retain to perform
massage therapy for compensation, whether on or off the massage establishment
premises. a copy of that person's current certification from the California Massage
Therapy Council as a certified massage practitioner or as a certified massage therapist.
and a copy of that person's current California Massage Therapy Council -issued
identification card.
&.-S.For each owner of the certified massage establislunent, a copy of that person's current
certification from the California Massage Therapy Council as a certified massage
practitioner or as a certified massage therapist and a copy of that person's current
California Massage Therapy Council -issued identification card.
B. Application Fee. TheFe shall be no f t.tapply An application for 0+,-a certified massage
establishment certificate shall be accompanied by a fee as established by the City's Master
Fee Schedule.
9:
C. Massage Establishment Facilities and OperationsRequirements for Certified Massage
Establishment. A certified massage establisl-unent shall comply with the requirements of
section 10.90.090, with the following exceptions:
1. Sole Proprietorship. The provisions of subsections 10.90.090(A)(2) and
10.90.090(B)(1)—(3) shall not apply to a certified massage establishment which is a sole
proprietorship, even if that sole proprietorship is located in a suite of offices with other
businesses.
2. Home Occupation. Where a certified massage establishment is a home occupation, as
defined in–section 14.03.030 of this code, and the operator has complied with the
provisions of section 14.16.220 of this code pertaining to home occupations, the
provisions of subsections 10.90.090(A)(2) and 10.90.090(B)(l)—(3) and (B)(5) shall not
apply, and the portions of the residence subject to the requirements of subsections
10.90.090(B) and (C) shall be only those portions that are used at any time by the patron
of the massage establishment.
—Certified Massage Establishment Certificate—Issuanc .
D. The permit authority shall grant a certified massage establishment certificate to an applicant
who has satisfied the requirements of this section and all other applicable laws, including, but
not limited to, the city's building, zoning, and health regulations. The certificate shall
include, but not be limited to, the name of the massage establishment, the address of the
massage establishment, the names of the owner or owners of the massage establishment, the
date of issuance of the certificate, the date of expiration of the certificate, the certificate
number, a listing of the certified massage practitioners registered and authorized to perform
massages for the massage establishment, and a listing of any other persons employed or
retained to work in any other capacity on the premises.
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DRAFT DATE; 11/20/2014
E. Notice to Property Owner. Where the applicant is not the record owner, as shown on the
latest county assessment roll, of the property upon, in, or from which the certified massage
establishment is to be operated, then upon issuance of a certified massage establishment
certificate, the permit authority may send a written notice to the property owner advising of
the issuance of the certificate and of the regulations applicable to the massage establishment
and the property pursuant to this chapter. Any other notices sent to the applicant pursuant to
this chapter at any time before or after issuance of the certified massage establishment
certificate may also be sent to the property owner.
F. Notice of Denial—Appeal—Judicial I�evieNv�1. If an application for a certified
massage establishment certificate is denied, the permit authority shall serve on the applicant,
in the manner provided in section 1.08.060 of this code, a written notice of denial which shall
specify the grounds for the denial • nd shall at+-�fpeal pmcedure as r! fiai4hin
subseotion 10.90.0(D) of this eade The applicant shall have the right to appeal from a
decision by the permit authority to deny a certificate application by filing with the city clerk a
written notice of appeal. specifying the grounds for Stich appeal. within fifteen (15) days after
the decision has been served on the applicant. Such appeal shall be heard by a hearing officer
appointed by the permit authority, upon not less than fifteen (15) days written notice to the
applicant. The designated hearing officer shall consider all relevant evidence at the hearin ,.
may continue the hearing for good cause. and may require such legal briefing as may be
required to address tiny issues raised by the appeal. Within a reasonable time. but not more
than thirty (30) days following the conclusion of the hearing, the hearing officer shall issue a
written decision as to whether the application shall be granted or denied, supported bti' factual
findings and determinations referenced by supporting evidence. The written decision shall be
served on the applicant as provided in Code of Civil Procedure Section 1094.6, with a copy
served on the permit authority. The written decision of the hearing officer shall be final and
shall be sub ect tojudiciai review according to the provisions and time limits set forth in
Code of Civil Procedure Section 1094.6.
E -G. Display of Certificate. Each holder of a certified massage establishment certificate shall
display that certificate in an open and conspicuous place on the premises visible from the
efi!FafiEmain entry door and/or reception and waiting area of the massage establishment.
STT. Term. A certified massage establishment certificate issued pursuant to the terms of this
chapter shall be valid for a term of one (1) year from the date of issuance, and, unless
suspended or revoked, shall must _ be renewed by the massage establishment operator
annually so long as the massage establishment is operating within the city.
I_Requirement to Amend Certified Massage Establishment appliea plication,
Amendment Fee. In addition to the requirements of sections 10.90.100 and 10.90.110,
whenever the information provided in the application for certified massage establishment
certificate on file with the city changes, for example by a change in employees, the operator
shall, within ten (10) business days after such change, file with the Den -nit authority an
application for amendment to the certified massage establishment
amity to reflect such change. An application for an amendment to a..certified massage
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DRAFT DATE: 11/20/2014
establishment certificate shall be accompanied by a fee as established by the City's Master
Fee Schedule. It shall be a violation of Section 10.90.050(C) of this chapter for the operator
to allow any person to perform masse therapy for compensation on the premises of a
massage establishment unless and until an amended certified massage establishment
certificate has been issued by the permit authority identifying that person as employed or
retained by the massage establishment to practice massage therapy for compensation.
G_.
fl--J.Violations---Operator Responsibility; Suspension or Revocation of Certified Massage
Establishment Certificate.
For the purpose of enforcing the requirements of this chapter, the massage establishment
operator shall be responsible for the conduct of all massage establishment employees,
agents, independent contractors, or other representatives while such persons are on the
premises of the massage establishment or providing outcall massage services on behalf of
the massage establishment.
2. In addition to any other remedy available to the city under this code or state law, a
certified massage establishment certificate may be suspended or revoked by the permit
authority as provided in_°�e�n Sections 10.90.120 and 10.90.130. Upon revocation of a
certified massage establishment certificate for a massage establishment, the massage
establishment shall immediately cease operation, and; if so ordered by the �t
•.•.thearingT officer, no other massage establishment shall be permitted to operate at
that location by any person for a period of not less than one (1) year ("the moratorium
period"). If the operator is not also the legal owner of the real property on which the
massage establishment is situated, notice of such revocation and the one-year prohibition
shall be provided by the permit authority to the owner of record of the property as shown
on the latest county assessment roll.
3. In addition to any other remedy available to the city under this code or state law, a
certified massage establishment certificate may not be renewed or amended by
operator unless and until due and unpaid citations issued to the operator pursuant to this
chapter are paid in full. Citations shall not be deemed to be due and unpaid until the 30 -
day period for appeal of the citation has passed.
_r. Notwithstanding any other provision of this chapter, where a Notice of Revocation or
Suspension has been issued to the operator of a massage establishment pursuant to
Section 10.90.130 of this chapter. the permit authority shall not process orrag nt an
application for,or grant teany , a certified massage establishment certificate or
operator permit for a new massage establishment at the same premises unless and until
such Notice of Revocation or Suspension is: dismissed: or a final determination is made
pursuant to that section that the current operator's certified massage establishment
certificate or operator permit is not or should not be revoked: or any moratorium period
imposed pursuant to this subsection or subsection 10.90.070(K) has expired.
DRAFT DATE: 11/20/2014
10.90.070 Regulations applicable to operation of massage establishment other than certified
massage establishment—Operator permit required.
On and a€teF Mareh 4—,204 -"No massage establishment may operate in the city that does not
qualify as a certified massage establishment, unless and until all owners of the massage
establishment have applied for and obtained an operator permit for the massage establishment
from the permit authority under this section.
A. Application for Operator Permit. All owners of the massage establishment, or their duly
authorized agent, shall file an application for an operator permit for the massage
establishment on a form provided by the permit authority. For purposes of this section, the
"applicant" for the operator permit shall refer to and include each and every owner of the
massage establishment. The application shall include the following information;
1. Name, address, and telephone number of the massage establishment.
2. The name, residence address and telephone number, and business address and telephone
number of the massage establishment owner(s) applying for the operator permit.
. The form of business under which the applicant will be conducting the massage
establishment, i.e.. corporation, general or limited partnership, limited liability company,
or other form. 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 shareholder holding more
than ten percent (10%) of the stock of the corporation. If the applicant is a general or
limited partnership, the application shall set forth the name and residence address of each
of the partners, including limited partners. If one (1) or more of the partners is a
corporation, the provisions of this section pertaining to a corporate applicant shall apply.
If the applicant is a limited liability company, the application shall set forth the name and
residence address of each of the members. If one (1) or more of the members is a
partnership, limited liability company, or corporation, the provisions of this section
pertaining to a partnership, limited liability company, or corporate applicant shall apply,
as applicable.
�:
4. The name and address of the owner of the real property upon, in, or from which the
massage establishment is to be operated. In the event the applicant is not the legal owner
of the property, the application shall be accompanied by a copy of any written lease
between the applicant and the property owner authorizing use of the premises for a
massage establishment, or, alternatively, if there is no written lease, then a written,
notarized acknowledgment from the property owner that the property owner has been
advised that a massage establishment will be operated by the applicant upon, in, or from
the property owner's property.
5. A description of the proposed massage establishment, including the type of treatments to
be administered.
WO