Oroville City Zoning Code
CHAPTER 17
17 ORDINANCE FOR THE REGULATION OF MASSAGE ESTABLISHMENTS IN THE CITY OF OROVILLE
§ 17.17.010 Purpose and intent.
The city recognizes that massage is a viable professional healing art offering the public valuable health and therapeutic services. The city also recognizes that unless properly regulated, the profession may be hijacked for use by the sex industry or human traffickers, posing a threat to the victims, customers, and the quality of life in the community.
It is the purpose and intent of this chapter to protect the public health, safety, and welfare by providing for the orderly regulation of massage establishments and sole providers ensuring individuals providing massage or other therapeutic bodywork are qualified and properly trained to avoid injury to clients, and by providing minimum building, sanitation, and operation standards for such businesses, while relying on the uniform statewide regulation enacted by the State Legislature in 2008, as well as subsequent amendments, in Business and Professions Code Section 4600 et seq., known as the Massage Therapy Act.
Specifically, the regulations in this chapter are intended to reduce or prevent blight, protect and preserve the quality of properties and the quality of life in the City of Oroville, deter criminal activity and prevent commercial sexual exploitation and human trafficking.
(Ord. 1863 § 3, 2022)
§ 17.17.020 Definitions.
The following terms and phrases, whenever used in this chapter, are defined as follows:
A massage business in a building, office or other fixed location that is secondary to the primary use, including, but not limited to, a hotel, motel, beauty salon, spa, athletic club, nail salon, or yoga studio.
The non-profit organization formed to oversee and certify individual massage therapist and massage schools pursuant to the California Business and Professions Code Chapter 10.5 of Division 2 of the Business and Professions Code (commencing with Section 4600). The CAMTC does not regulate massage establishments.
These terms are used interchangeably and refer to a valid certificate properly issued by CAMTC pursuant to California Business and Professions Code Section 4600 et seq., as amended issued to individuals completing 500 hours of massage instruction from a CAMTC approved school, passed the state exam, and successfully passed a live scan background check. Certification is valid for 2 years.
Any establishment where the manager(s) and massage therapist(s) have current and valid CAMTC certificates.
The city chief of police, or designee.
The city license required for all businesses in the city and issued per Section 5.08.030 of this code.
The city administrator, or designee.
The payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.
Sole providers and massage establishment owners are exempt from CAMTC certification after successfully passing a live scan background check and other conditions, but not otherwise exempt from other requirements of this chapter.
A franchise is a type of license that grants a franchisee access to a franchisor's proprietary trade name, products and services, and an entire system for operating the business.
A criminal background check using inkless fingerprint imaging required by the state prior to CAMTC certification and for individuals exempt from CAMTC certification by this chapter.
Massage means the therapeutic manipulation of the external soft tissues of the body for remedial health, or hygienic purposes for any form of compensation by means of pressure, friction, stroking, kneading, rubbing, tapping, vibrating, pounding, to produce increased awareness, relaxation, pain relief, injury rehabilitation, or neuromuscular reeducation with or without the aid of any mechanical or electrical apparatus or appliances; or with or without supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, gels, lotions, ointments, or other similar preparations commonly used in this practice; or baths, showers or electric tub.
Any person, firm, association, partnership, corporation, joint venture, or a combination of individuals who engages in, conducts, carries on or permits to be engaged in, conducted or carried on for consideration, massages or health treatments in the city in which massages are given in return for compensation of any type whether at a fixed place of business or a location designated by the client.
An office, site or premises, or portion thereof, where the owner(s) employ, contract with, or otherwise retain massage therapists to provide on-site massage, off-site massage on behalf of the establishment, or a combination of both.
Any person who supervises, manages, directs, organizes, controls or in any other way is responsible for or in charge of the overall operation, conduct or activities of a massage establishment business. The manager may be the massage establishment owner or a CAMTC certified massage therapist.
An individual that provides massage therapy who has completed verifiable hours in a resident course of study from a recognized school.
The engaging in or carrying on of massage therapy or other bodywork for compensation at a location requested by the client (e.g., client residence or office) or by the massage therapist (e.g., sports event, health fair or senior home). Mobile massage does mean administering massage/bodywork within a vehicle.
A therapeutic practice of the healing arts, other than massage (e.g., shiatsu, acupressure, Bowen, manual lymph drainage) that include therapeutic touch or energy work.
For purposes of this chapter "owner" refers to all owners of a massage establishment.
A partnership, corporation, or shareholder of a massage establishment and means any of the following:
Any general partner of a partnership that owns and operates a massage establishment business; or
Any person who has an ownership interest in a corporation that owns and operates a massage establishment; or
All owners of a massage establishment including any of the following persons, a general partner, a limited partner, a shareholder, or any person who has a five percent or greater ownership interest in a massage business whether as an individual, corporate entity, limited partner, or shareholder.
An area immediately inside the main entry door of the massage establishment dedicated to the reception and waiting of clients.
Any school or institution of higher learning which has been approved pursuant to California Education Code Section 94300 et seq. or other applicable state law or regulations of California or another state school on the ethics, practice, methods, and contraindications of the profession of massage, including the study of anatomy, physiology and hygiene, and practice of massage techniques and that provides a diploma or certificate.
An individual that administers massage or other therapeutic bodywork, owns 100 percent of their business, and is the only person working for that business.
Any individual not retained or employed by the massage establishment and not receiving or waiting to receive massage therapy services, including, but not limited to, a caretaker, child of a client, parent of child receiving massage, delivery person, and the public.
(Ord. 1863 § 3, 2022)
§ 17.17.030 Regulation of massage establishments.
This chapter includes requirements for massage establishments and other types of massage businesses. Requirements are different for existing businesses and future businesses that wish to operate in the city.
A.
State (CAMTC) Certification.
1.
No person shall establish, operate, or maintain a massage establishment within city limits without ensuring that each individual administering massage or other bodywork (whether an employee or independent contractor) and manager has a current and valid state certification through CAMTC.
2.
CAMTC certificate holders shall renew their CAMTC certification every 2 years as required by the Massage Therapy Act.
B.
Business License.
1.
Any person or persons that currently operate or that wish to open a massage establishment within the city shall have a valid business license as required in Section 5.08.030, renew the license every 12 months, and obtain all necessary city approvals.
2.
The massage establishment business license shall be valid for one year from the date of issuance, and, unless suspended or revoked, must be renewed by the massage establishment owner every 12 months.
3.
Applications for renewal must be submitted to the police chief or his/her designee by no later than 60 calendar days before the expiration of such business license.
4.
Massage therapists that are non-employees of a massage establishment must also obtain a business license separate from the massage establishment.
C.
Personal Service—Medium Impact Zoning Removed. Any massage establishment that employs, contracts with, or otherwise retains massage therapists certified by the CAMTC shall be considered a personal service-low-impact as defined in Section 17.04.060. The permitting process shall be as outlined in the zoning table for the zoning district in which the applicant proposes to operate a massage establishment. Personal services—medium impact (allowed with use permit approval) will no longer apply to massage establishments regulated by this chapter.
D.
Registry of Owners, Managers, Massage Therapists and Staff. The massage establishment owner(s) and manager(s) shall maintain on the premises a register of all current owners, managers, massage therapists, and support staff. The register shall be updated every 30 days. The register shall be legible, in English and maintained for a minimum of 2 years following the time that any individual ceases services or affiliation with the massage establishment. A massage establishment owner "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 clients of the massage establishment; or
3.
That person receives a referral of clients 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 owner (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).
4.
The owner, manager, or massage therapist or other staff shall make the register immediately available for inspection upon demand of a representative of the police department, any health officer, or any other city official charged with the monitoring and enforcement of this chapter. The register shall include the following information:
a.
Name, nicknames, and/or aliases;
b.
Home address and relevant telephone number, including, but not limited to, home, cellular, and pager numbers and email;
c.
Age, date of birth, gender, height, weight, color of hair and eyes;
d.
The date such person began employment or providing services, and the date such person ended employment or stopped providing services, if any;
e.
The duties of each person; and
f.
In a separate portion of the register, social security numbers, which shall only be available for review by the police department or other law enforcement personnel, but not health officers or other officials charged with the enforcement of this chapter.
E.
Location Moratorium—Problem Massage Business. No person shall provide massage, operate a massage establishment, or provide property for operation of a massage establishment at a particular location if:
1.
Another massage establishment is or was operating at that location within the prior 36 months and that massage establishment has been deemed by the city attorney or a court of competent jurisdiction to have violated any provision of this chapter.
2.
Another massage establishment is or was operating at that location within the prior 36 months and that massage business has outstanding unpaid fines or penalties, whether criminal, administrative, or civil.
F.
Business Name and Operation. No person permitted to operate a massage establishment under this chapter shall operate under any business name or conduct business under any designation not specified in the massage establishment business license.
G.
Certificate of Occupancy. An application for a certificate of occupancy shall be required per Section 17.48.030 with one or more of the following:
1.
Change of lessee or owner, even when the change does not alter the use. A copy of the lease agreement shall be provided to the chief of police within 30 days that the lease takes effect.
2.
A remodel.
3.
Change in business location.
4.
Change in the use of the business, including, but not limited to, adding or eliminating secondary services (spa, tanning, cosmetology, etc.) and expanding or reducing floor space.
H.
Advertising Requires State Certificate Number. Each manager or individual who administers massage shall include in all advertising and business cards the name under which he or she is certified and his or her certificate number. Any and all advertising and business cards by massage establishment owner(s) shall include their city business license number.
I.
Nuisance Abatement. If the city attorney declares a massage establishment to be a public nuisance, the city attorney may commence an action or actions, proceeding or proceedings, for the abatement, removal, and enjoinment thereof, in the manner provided by law.
(Ord. 1863 § 3, 2022)
§ 17.17.040 Exemption from CAMTC certification.
A.
Sole Providers. Existing and future sole providers practicing massage or other therapeutic bodywork (e.g., Bowen therapy, cranio-sacral, movement therapy, manual lymphatic drainage, and energy work) are exempt from CAMTC certification with the following conditions:
1.
Existing Sole Providers—Non CAMTC Certified. Submit the following information to the chief of police or his/her designee within 60 days of enactment of this chapter:
2.
Existing Sole Providers—CAMTC Certified. Existing sole providers that have an active CAMTC certificate shall submit the following information to the chief of police or his/her designee within 60 days of enactment of this chapter:
3.
4.
Future sole providers are required to have a minimum of 350 hours of study and practice from a CAMTC approved school but do not have to be CAMTC certified. The CAMTC websites list approved and non-approved schools.
B.
A student of massage therapy or bodywork working towards CAMTC certification under the supervision of a CAMTC certified massage therapist, a National Board-certified therapist, or equivalent.
C.
Licensed professionals such as physicians, nurses, chiropractors, osteopaths, naturopaths, podiatrists, acupuncturists, or physical therapists who are duly licensed to practice their respective professions in the State of California or persons working for, and under the direct supervision of a physician, nurse, chiropractor, osteopath, naturopath, podiatrist, acupuncturist, or physical therapist.
D.
Barbers, beauticians, estheticians, and cosmetologists who are duly licensed under the laws of the State of California, while practicing within the scope of their licenses.
E.
Trainers of any amateur, semi-professional, or professional athlete or athletic team while engaging in their training responsibilities.
F.
Individuals administering massages for a single-occurrence event, including, but not limited to; a triathlon, festival, fair, and with approval of the event sponsors.
G.
Owner(s) of a massage establishment unless actively managing or administering massages.
(Ord. 1863 § 3, 2022)
§ 17.17.050 Deadline for compliance-Existing massage establishments.
A.
Managers and Massage Therapists—Non CAMTC Certified.
1.
Within 12 months from the date of ordinance enactment each manager and massage therapist must provide proof to the city they have completed 500 hours of study and CAMTC has accepted their complete application.
2.
Within 16 months from the date of ordinance enactment a copy of the manager(s) and massage therapist(s) CAMTC certificate and photo identification card shall be submitted to the city planning and development department. The 16-month grace period shall not apply to existing massage establishments operating in the city without a current business license or in violation of any local, state, or federal regulation within the last 10 years.
B.
All Owners, Managers, Therapists, and Staff.
1.
Live Scan. Within 60 days from the date of ordinance enactment all non-CAMTC certified persons affiliated with any massage establishment shall submit proof of successful passage of a live scan background check to the chief of police.
C.
Owner(s).
1.
The owner or owners (all owners) shall provide a government issued photo identification to the city that can include; a valid and current driver's license and/or photo identification issued by a state or federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government.
(Ord. 1863 § 3, 2022)
§ 17.17.060 Massage establishment operation.
A.
The following operational requirements and owner and manager responsibilities shall be applicable to all massage establishments located within the city:
1.
All clients, visitors, and any persons other than individuals employed or retained by the massage establishment shall be required to enter and exit through the main entry door.
2.
Clients and visitors as defined in this chapter shall be permitted in the massage establishment only during the hours of operation. Massage shall be provided or given only between the hours of 7:00 a.m. and 9:30 p.m. A massage commenced prior to 9:30 p.m. must terminate at 9:30 p.m., and all clients and visitors shall exit the premises no later than 10:00 p.m. through the front or main entry door.
3.
All massage establishments shall be closed for business by no later than 10:00 p.m. and shall open for business no earlier than 6:00 a.m. It is unlawful for any massage therapist or other employee of a massage establishment to give or practice massage during the hours when the massage establishment is closed.
4.
Clients shall only be permitted in a massage therapy cubicle, room, client restroom, reception and waiting area, dressing rooms, showers, and spa area, and only if at least one duly authorized massage therapist is present on the premises of the massage establishment. Clients and visitors shall not be allowed in any employee break, employee restroom, laundry, or storage room on the premises.
5.
Visitors shall not be permitted in massage therapy room, cubicle, or other enclosed space used for massage unless that visitor is:
6.
Establishment interior and exterior doors shall remain unlocked while the massage establishment is open. Exterior doors may remain locked if the massage establishment is a sole provider as allowed by AB 1147.
7.
No massage establishment shall be used for residential purposes. There shall be no beds, blow up mattresses, cots, wall beds, or futons in the establishment. No part of the establishment shall be altered for residential or sleeping purposes.
8.
No van, motorhome or other vehicle shall be parked in the parking lot of a massage establishment overnight.
9.
No person shall give, or assist in the giving of, any massage or other body treatment to any other person under the age of 18 years, unless the parent or guardian of the minor person has consented thereto in writing.
10.
No person owning or managing a massage establishment may employ subcontract with or use any person under 18 years of age.
11.
No massage establishment may discriminate or exclude clients based on their race, sex, religion, age, disability, or any other classification protected under federal or state laws, rules, or regulations.
12.
No person operating a massage establishment shall permit communication devices such as cameras or intercom systems used in any manner on the premises to interfere with or hinder inspections whether temporarily or permanently mounted to a fixed surface indoors or outdoors.
13.
Each manager and massage therapist of a massage establishment shall wear or display their CAMTC photo identification card in the room, cubicle, or space where they administer massage and, in a manner, easily visible to the client.
14.
Each manager and massage therapist shall provide his or her CAMTC photo identification card upon the request of a member of the public, the city council, or a member of law enforcement, city staff or a local government agency charged with regulating massage or massage establishments, at the location where he or she is providing massage services for compensation.
15.
All massage services shall be paid for in the reception area, and all tips, if any, shall be paid for in the reception area. Massage establishments may utilize a system where tip envelopes are provided in the treatment rooms to be utilized and deposited by the client in the reception area.
(Ord. 1863 § 3, 2022)
§ 17.17.070 Responsibilities of massage establishment owners and managers.
A.
All owners and managers 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 off site massage on behalf of the massage establishment.
B.
The owner and/or manager shall be required to file copies of each CAMTC certificate and CAMTC photo identification card with the chief of police prior to or within seven days of a massage therapist beginning to work at the massage establishment.
C.
The owner or manager of the massage establishment shall maintain copies of each massage therapist's state certificate and a color copy of the CAMTC photo identification card on file on the premises of the massage establishment which shall be readily available to law enforcement, city code enforcement officer, or other city personnel that oversee compliance with this chapter.
D.
A legible written daily log shall record the following:
1.
Each client's first and last name.
2.
The assigned room (or address of off-site massage service).
3.
The legal name and nick name if applicable of the individual administering such massage.
4.
A description of service(s) provided.
5.
Date and time of the massage.
The daily log shall be completed by the close of business each day. Such records shall be made available upon request based on good cause, for inspection by the chief of police, or authorized designee and the city administrator and designee. The information contained in such records shall be confidential. The daily log shall be retained on the premises of the massage establishment business office for period of not less than 3 years. |
E.
It is the responsibility of the owner or manager to notify the city authority of any change of personnel, ownership, number of owners, remodel, move to another location, change in the use such as addition or removing spa services, and use of space, Notification shall be in writing to the city authority within 10 days of change in ownership, number of owners, and change in personnel. The owner or manager shall provide prior notice to the city authority for a move, change in type of service(s), and revised use of space. A revised floor plan shall be submitted noting the revised use of all floor space.
F.
The owner or manager shall post the following in an open and conspicuous public place on the premises or as specified.
1.
All original CAMTC certification documents and CAMTC photo identification cards in an open and conspicuous place inside the premises visible from the main entry door reception and waiting area of the massage establishment.
2.
A list of services available and the cost of such services. The services shall be described in English and in other language(s) as may be convenient. No massage establishment owner or operator shall permit, and no person employed or retained by the massage establishment shall offer to perform any services or request or demand fees other than those posted at the place of business. A list of services and the cost of such services shall also be provided to clients prior to conducting an offsite massage.
3.
The massage establishment business name and hours of operation shall be displayed in the reception area or other conspicuous public place within the massage establishment visible to clients.
4.
The required notices of human trafficking information and telephone hotline numbers in English, Spanish, Cantonese, Vietnamese, and other appropriate languages as determined by the city per the requirements of California Civil Code Section 52.6. The notices shall be posted in an area of the massage establishment that is readily accessible to massage therapists and all massage establishment personnel.
5.
All operating rules including hours of operation, inspections and health and sanitation requirements in English, Cantonese, Vietnamese, and other appropriate language accessible to all staff.
G.
It is the massage establishment owner's responsibility for ensuring that each individual administering massage complies with the Massage Therapy Act (Business and Professions Code Section 4609(a)) provisions relating to sexual acts, including the prohibitions on engaging in any form of sexual activity on the premises of a massage establishment.
(Ord. 1863 § 3, 2022)
§ 17.17.080 Notification requirements.
A.
An owner or manager shall report to the chief of police or designee within 10 days any change with respect to the information contained in the business owner's application.
B.
An owner or manager shall report any of the following within 96 hours of the occurrence:
1.
Arrests of any employees or owners of the registrant's massage business for an offense other than a misdemeanor traffic offense.
2.
Resignations, terminations, or transfers of massage therapists employed or under contract with the owner.
3.
Any event involving the owner's massage business, or a massage therapist employed or under contract therein that constitutes a violation of this chapter or state or federal law.
This provision requires reporting to the chief of police even if the massage business believes that the chief of police has or will receive the information from another source. |
(Ord. 1863 § 3, 2022)
§ 17.17.090 Application for massage establishment business license.
A.
The owner(s) of a massage establishment or his/her duly authorized agent shall complete the city application on forms provided by the city and be responsible for the completeness and accuracy of all required information. For purposes of this section, the "applicant" for the massage establishment business licenses shall refer to and include all owners of the massage establishment.
B.
All applications for a massage establishment from any person looking to open a massage establishment shall include, at a minimum, the following information:
1.
The massage establishment name, address, website, email, and telephone number.
2.
The applicant's full name, all other names the applicant uses or has used, the applicant's residential address, telephone number and email address.
3.
The name, residence address, email and telephone number of all owners or partners associated with the massage establishment business.
4.
A color copy of the current CAMTC certification and CAMTC photo identification card for each, manager and massage therapist.
5.
For all owners, a valid and current driver's license and/or identification issued by a state or federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government.
6.
A live scan and government issued photo identification card for all individuals that will be working for the massage establishment and are not required to be CAMTC certified under this chapter.
7.
A list of all persons administering massage who are working or will work, be employed, or under contract to provide massage services at the massage establishment.
8.
The name and position of the owner or manager principally in charge of the massage establishment.
9.
The owner's signed statement that all the information contained in the application is true and correct, that all owners shall be responsible for the conduct of the business's employees or independent contractors providing massage services; and acknowledging that failure to comply with the California Business and Professions Code Sections 4600 et seq., and local, state, or federal law, or the provisions of this chapter may result in revocation of the city business license.
10.
The names and addresses of any and all previous establishments owned or operated by the applicant (includes all owners) for the past 5 years.
11.
Site plan drawn to scale of building location and street names, floor plan showing office or similar space to be utilized by the massage business or establishment, square footage, waiting areas, massage rooms, cubicles, or other space to be utilized for massage treatments, chair massage location if applicable, restroom facilities for clients and staff if separate, employee break rooms, laundry room, storage areas, closets, and relevant facilities.
12.
Applicant's business, occupation, and employment related to other massage establishments, including the name and address of any massage establishment or other like establishment owned or operated by any applicant.
13.
History with any agency, board, city, county, territory, or state recognized certifying or permitting organization, and dates of issuance, denial, restriction, revocation, or suspension, and the reasons therefore, of any individual or establishment permit for the past 10 years.
14.
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 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 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 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.
15.
The name, address, and email of the owner of the real property upon, in, or from which the massage establishment is to be operated.
16.
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.
17.
Application fee as established by the city's master fee schedule.
C.
Where the applicant is not the owner of record, as shown on the latest county assessment roll, of the property upon, in, or from which the massage establishment is to be operated, then upon issuance of a business license, the city authority may send a written notice to the property owner advising of the issuance of the massage establishment business license and of the regulations applicable to the massage establishment and the property pursuant to this chapter.
Any notices sent to the applicant pursuant to this chapter at any time before or after issuance of the massage establishment business license may also be sent to the property owner.
D.
A business license shall be denied if any of the following are found to be true:
1.
The application is incomplete and/or required supplementary materials are not submitted on a timely basis including CAMTC certificates and photo identification card for the manager(s) and massage therapist(s).
2.
The applicant, or any shareholder, partner, or member of the applicant, within 10 years immediately preceding the date of filing of the application, has had a certificate, permit or license to practice massage for compensation or to own and/or operate a massage establishment revoked or denied in any jurisdiction.
3.
The applicant, or any shareholder, partner, or member of the applicant, has knowingly made a false, misleading, or fraudulent statement or omission of fact in his or her application or other materials submitted with the application.
4.
The applicant, or any shareholder, partner, or member of the applicant, within 10 years immediately preceding the date of filing of the application, has been convicted in a court of competent jurisdiction of any offense that relates directly to the operation of a massage establishment whether as a massage establishment owner or manager, or as a person practicing massage for compensation, or as an employee of either; or has at any time been convicted in a court of competent jurisdiction of any felony the commission of which occurred on the premises of a massage establishment.
5.
The results of a live scan indicate the owner, manager, supervisor, or a person administering massage has convictions in a court of law including registration as a sex offender under the provisions of Section 290 of the Penal Code and/or Section 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22 of the California Penal Code 4 or equivalent offenses under the laws of another jurisdiction, including any other state or country.
6.
If the business license was issued in error.
7.
The applicant, including applicant as a corporation or partnership, or former employer of the applicant while the applicant was so employed, has been successfully prosecuted in an abatement proceeding under the California Red Light Abatement Act (Penal Code Sections 11225 through 11325) or any other similar laws in another jurisdiction.
8.
The applicant has been convicted of:
b.
Any offense involving dishonesty, fraud, deceit or the use of force or violence upon another person in the last 10 years;
c.
Any offense involving sexual misconduct; or
d.
For purposes of this section, a plea of "nolo contendere" may also serve as the basis for the denial of a massage establishment business license because the above listed underlying offenses bear a substantial relationship to the qualifications, functions or duties of a massage therapist or establishment.
If the owner/applicant or any other person is dissatisfied with the action regarding an application for a massage establishment, they may appeal to the proper decision body as provided in Section 17.56.100. |
(Ord. 1863 § 3, 2022)
§ 17.17.100 Inspection.
A.
The chief of police or designee shall have the right to enter any massage establishment during regular business hours, without a search or inspection warrant, to make reasonable inspection to ascertain whether there is compliance with the provisions of this chapter.
B.
It is unlawful for any owner, manager, massage therapist, or other staff to fail to allow such inspection officer access to the premises or hinder or attempt to delay such officer in any manner.
C.
The massage establishment owner shall take immediate action to correct each violation noted by the inspector. A reinspection will be performed within 30 days to ensure that each violation noted by the inspector has been corrected.
D.
All managers, supervisors, and massage therapists shall, during permissible hours of operation, have on their person or immediately available at the massage establishment a current CAMTC issued photo identification card. Other massage establishment staff not required to have a CAMATC certification shall have a valid driver's license or other valid government issued photo identification readily available.
E.
All managers and massage therapists shall provide his or her full name and certificate number upon the request of a member of the public, the council, or a member of law enforcement, or a local government agency charged with regulating massage or massage establishments, at the location where he or she is providing massage services for compensation.
(Ord. 1863 § 3, 2022)
§ 17.17.110 Amendment required for personnel changes.
A.
Whenever the information provided in the application for massage establishment business license on file with the city changes, for example by a change in employees, or independent contractors, number of owners, new massage establishment ownership, the owner or manager shall, within 10 business days after such change, notify the city authority to amend the massage establishment application of the massage establishment business license to reflect such change.
B.
It is a violation of this chapter for the operator to allow any person to perform massage therapy for compensation on the premises of a massage establishment unless and until an amended massage establishment business license has been issued by the city authority identifying that person as employed or retained by the massage establishment to practice massage therapy for compensation. A CAMTC certification document and CAMTC issued photo identification card of any new massage therapist shall be provided with the application to amend the massage establishment business license.
(Ord. 1863 § 3, 2022)
§ 17.17.120 Amendment required for change of business name or location.
Upon a change of location of a massage establishment, an application for an amended business license shall be filed with the city authority, and such application shall be granted, provided all applicable provisions of this code are complied with as to the new location, and any due and unpaid citations issued to the owner(s) pursuant to this chapter are paid in full.
(Ord. 1863 § 3, 2022)
§ 17.17.130 Sale or transfer of massage establishment or ownership interest therein.
A.
Upon a sale or transfer of any massage establishment, or upon the sale or transfer of some or all the interest of any massage establishment owner to a person who is not already an owner of the massage establishment, a zoning clearance/certificate of occupancy application shall be required.
B.
A business license for a sole provider or a massage establishment if altered in name, sold, transferred, or assigned by the owner, or attempted sale, transfer or assignment shall be deemed to constitute a voluntary surrender of such business license and shall thereafter be deemed terminated and void.
(Ord. 1863 § 3, 2022)
§ 17.17.140 Health and safety requirements.
A.
The following health and safety requirements shall be applicable to all massage establishments located within the city:
1.
The massage establishment shall always be equipped with an adequate supply of clean sanitary towels, coverings, and linens, and all massage tables shall be covered with a waterproof pad and clean sheet or other clean covering for client. After each towel, covering, or linen has been used once, it shall be deposited in a closed receptacle and not used again until properly laundered and sanitized.
2.
All bathrobes, bathing suits, and/or other garments that are provided for the use of clients shall be either fully disposable and not used by more than one client or shall be laundered after each use pursuant to subsection (A)(1) of this section.
3.
All massage therapy rooms or cubicles, wet and dry heat rooms, toilet rooms, shower compartments, hot tubs, and pools shall be thoroughly cleaned and disinfected at least once each business day or more often as needed, when the premises have been or will be open and such facilities in use. Bathtubs shall be thoroughly cleaned and disinfected after each use.
4.
All liquids, creams, or other preparations used on or made available to clients shall be kept in clean and closed containers. All containers shall be correctly labeled to disclose their contents. When only a portion of a liquid, cream, or other preparation is to be used on or made available to a client, it shall be removed from the container in such a way as not to contaminate the remaining portion.
5.
No invasive procedures shall be performed on any client. Invasive procedures include, but are not limited to:
a.
Application of electricity that contracts the muscle;
b.
Penetration of the skin by metal needles;
c.
Abrasion of the skin below the nonliving, epidermal layers;
d.
Removal of skin by means of any razor-edged instrument or other device or tool;
e.
Use of any needle-like instrument for the purpose of extracting skin blemishes;
f.
Colon cleansing; and
g.
Other similar procedures.
6.
Massage shall only be provided to a client upon a table or chair standard to the massage profession. No other furniture or similar item shall be used.
7.
All combs, brushes, and/or other personal items of grooming or hygiene that are provided for the use of clients shall be either fully disposable and not used by more than one client or shall be fully disinfected after each use.
8.
The premises shall have adequate equipment and disinfecting substances for disinfecting and sterilizing nondisposable instruments or other materials used in administering massages and be disinfected after each use on each patron.
9.
Walls, ceilings, floor, pools, showers, bathtubs, water basins, toilets, wet and dry heat rooms, steam or vapor rooms and cabinets and all other facilities shall be maintained in good repair and in a clean and sanitary condition.
10.
The cover pad used on massage tables shall consist of a durable, washable waterproof material.
11.
All persons shall thoroughly wash their hands with soap and warm water or any equally effective cleansing agent immediately before providing massage therapy to a client.
B.
Prohibited Conduct.
1.
No massage establishment owner, manager, employee, contractor, or support staff shall be under the influence of alcohol, recreational or illegal drugs at any time on the massage premises or when providing off premises massage.
2.
No alcoholic beverages, recreational or illegal drugs shall be kept, possessed, consumed, sold, or distributed on the premises of a massage establishment and massage establishment personnel shall not allow a client or visitor to bring or consume an alcoholic beverage or controlled substance within or outside of a massage establishment.
3.
A massage shall not be given, and no client shall be in the presence of any massage establishment staff unless the client's genitalia and, if a female client, the female client's breasts, are fully covered by an opaque, nontransparent covering.
4.
No massage establishment owner, operator, employee, massage therapist or other staff shall, while on the premises of a massage establishment or while performing any on-site or mobile massage service, and while in the presence of any client, customer, employee, or visitor, expose his or her genitals, buttocks, or chest.
5.
No storage or sale of condoms or spermicides shall be permitted within the massage establishment.
6.
No person shall use or possess, nor shall there be, any storage of, any sexually oriented tool, equipment, or apparatus which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.
7.
No electrical, mechanical, or artificial device shall be used by any massage establishment owner, manager or staff for audio and/or video recording or for monitoring the performance of a massage, of the conversation or other sounds in the massage rooms, without the knowledge and written consent of the client.
8.
The following attire requirements shall be applicable to all employees and any other persons who work permanently or temporarily on the premises, of a massage establishment within the city. No person shall dress in:
a.
Attire that is transparent, see-through, or substantially exposes the person's under garments;
b.
Swim attire, if not providing a water-based massage modality approved by the CAMTC;
c.
A manner that exposes the person's breasts, buttocks, or genitals;
e.
A manner which has been deemed by CAMTC to constitute unprofessional attire.
9.
Except for a client who is inside a massage therapy room for the purpose of receiving a massage, no clients or visitors shall be permitted in or on the massage establishment premises at any time who are less than fully clothed in outer garments of nontransparent material, or who display or expose themselves in underclothing or similar intimate apparel.
10.
No massage therapist, employee or other staff of a massage establishment shall place either his or her hand or hands upon, or touch with any part of his or her body, a sexual or genital part of any other person in the course of a massage or massage a sexual or genital part of any other person. Sexual and genital parts shall include the genitals, pubic area, anus or perineum of any person or the vulva or breast of a female. In the case of breast massage, female clients shall sign a written consent form, provided by the establishment and/or massage therapist prior to providing breast massage.
11.
No massage therapist, or other employee of a massage establishment shall uncover and expose the sexual or genital parts, of a client while giving a massage, or before or after a massage.
C.
Prohibited Advertising.
1.
No owner, supervisor, manager, massage therapist or support staff of a massage establishment shall place, publish, or distribute or allow or cause to be placed, published, or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective clients or clients that any service is available other than those services described in this chapter and posted on the premises.
2.
No owner, massage therapist or other staff of a massage establishment shall employ language in the text of any sign or advertising material that would reasonably suggest to a prospective client that any service is available other than those services described in this chapter and posted on the premises.
3.
It is unlawful for any massage establishment or business or any independently employed certified massage practitioner or certified massage therapist to advertise through any media that is classified for "adults only" or other similar classification.
4.
It is unlawful for any person who does not possess a valid and current CAMTC certificate to do any of the following within the city:
a.
Advertise or represent to the public in any manner that he or she is certified, registered, or licensed by a government agency a massage therapist; or
b.
Hold himself or herself out as or use the title of "certified massage therapist" or any other term such as "licensed" or "registered" that implies or suggests that he or she possesses a current and valid CAMTC certificate.
5.
All independently employed certified massage therapists shall include in any advertising for massage services the name under which he or she is certified and his or her CAMTC certificate number.
(Ord. 1863 § 3, 2022)
§ 17.17.150 Physical facility requirements.
Except as otherwise specifically provided in this chapter, the following physical facility and building code requirements shall be applicable to all massage establishments located within the city:
A.
One main entry door shall be provided for client entry to the massage establishment, which shall open immediately to a well-lighted (without a dimmer switch) interior client reception and waiting area.
B.
Signage shall not cover or block more than 25% of any window area and the view into the interior reception and waiting area shall not be obstructed, blurred, or unreasonably darkened with window tint, posters, photos, graphics, tall plants, tall furniture or fixtures, closed blinds, shades, or curtains.
C.
Exterior Sign. A noticeable and legible sign shall be posted at the main entrance that clearly identifies the establishment as a massage business and the businesses name visible to foot traffic and/or automobile traffic. An additional sign stating "massage" or "massage establishment" need not be in addition to the primary business sign. The sign shall be in compliance with Title 17 of this code.
D.
The name of the massage business and hours of operation shall be posted on the exterior of the main entry door or adjacent wall or in a window closest to the main entry door that is easily visible to persons outside the establishment,
E.
All interior doors, but excluding individual dressing rooms and toilet rooms, shall be incapable of being locked and shall not be blocked to prevent opening. Draw drapes, curtain enclosures, or accordionpleated closures in lieu of doors are acceptable on all inner massage therapy rooms or cubicles.
F.
Minimum lighting equivalent to at least one 40-watt light shall be provided in each massage therapy room or cubicle.
G.
The massage establishment shall comply with all applicable state and local building standards as adopted in Title 15 of this code.
H.
All walls, ceilings, floors, and other physical facilities for the business must be in good repair and maintained in a clean and sanitary condition.
I.
All locker facilities that are provided for the use of client shall be fully secured for the protection of the client's valuables, and each client shall be given control of the key or other means of access.
(Ord. 1863 § 3, 2022)
§ 17.17.160 Suspension or revocation.
The chief of police shall suspend or revoke a massage establishment business license for any violation of this chapter and/or Section 4609 of the Massage Therapy Act following findings by the city attorney in accordance with Title 5 and Title 9 of the Oroville Municipal Code.
The CAMTC works with local jurisdictions and will inform the city of any disciplinary action pertaining to a certificate holder, which includes enforcing probation, suspending or revoking a certificate as indicated in Section 4610 of the Massage Therapy Act.
(Ord. 1863 § 3, 2022)
§ 17.17.170 Applicability of other ordinances.
Nothing contained in this chapter shall be constructed to exempt any person from complying with the provisions of any other applicable ordinance, rule, or regulation, or to exempt a massage establishment or independently certified massage therapists from provisions of any zoning, licensing, taxing, or other building ordinance, rule, or regulation.
(Ord. 1863 § 3, 2022)
§ 17.17.180 Severability.
If any part or provision of this chapter, or the application thereof to any person or circumstance, is held to be invalid, the remainder of this chapter, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this chapter are severable.
(Ord. 1863 § 3, 2022)