(a)

In addition to the general purposes listed in section 41-1, the specific purposes of this article are to:

(1)

Establish a procedure which places strict limits on processing time and creates an orderly process for reviewing applications to conduct massages, in the interest of public health, safety, and welfare.

(2)

Ensure orderly and thorough city review of applications for conducting massages, including, but not limited to, massage establishment(s).

(3)

Establish reasonable and uniform regulations that will reduce possible adverse secondary effects that businesses conducting massages may have upon the residents of the city and preserve the integrity of existing commercial areas of the city and of residential areas which are in close proximity to such commercial areas.

(b)

This article shall not apply to a retail or service use that is currently licensed by the State of California Board of Barbering and Cosmetology or an exempt individual as defined in section 22-5 of this Code.

(Ord. No. NS-2903, § 3, 7-5-16)

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter:

(a)

"California Massage Therapy Council" or "CMTC" means the state-organized, non-profit organization created to regulate the massage industry as set forth in Chapter 10.5 of Division 2 of the California Business and Professions Code (commencing with Section 4600, as amended).

(b)

"Chair massage service" means where a patron receives a massage while fully clothed in a public or semipublic area. The areas massaged are the head, neck, back, arms, and feet only.

(c)

"Employee" includes every owner, partner, operator, manager, supervisor and worker, whether part-time, full-time, or temporary, whether paid or not, who renders services of any nature or is otherwise employed in the operation of a massage establishment. For purposes of this chapter, the term employee shall also include massage technicians who provide massage services as independent contractors to a massage establishment.

(d)

"Manager" means the owner or operator of the massage establishment, or any person(s) designated by the owner or operator to act as the representative and agent of the owner or operator in managing daily operations. Evidence of management may include, but is not limited to, evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules, or purchase supplies.

(e)

"Massage" means any scientific manipulation of soft tissue, or method of applying pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, ointments, or other similar preparations commonly used in this practice.

(f)

"Massage certificate" means a certificate issued by the CMTC pursuant to Section 4604 of the Business and Professions Code (Chapter 10.5 commencing with section 4600, as amended).

(g)

"Massage establishment" means any establishment having a fixed place of business where any individual, firm, association, partnership, corporation, or combination of individuals, engages in, conducts, carries on or permits to be engaged in, conducted or carried on, massages, baths, or health treatments involving massage or baths as regular functions.

(h)

"Massage establishment, ancillary" means a massage establishment that is operated as an ancillary use in conjunction with an approved health club, athletic club, gym, or hotel or in conjunction with a medical office. For the purpose of this definition, an ancillary use shall mean a use that is not more than twenty-five (25) percent of the floor area of the related health or athletic activities of the primary use.

(i)

"Massage technician" means any massage practitioner, masseuse, massage therapist or any person who administers or in any way assists in administering any form of massage, bath, or health treatment involving massages or baths as the principal functions to another person for any consideration whatsoever. A massage technician may be an employee or independent contractor.

(Ord. No. NS-2903, § 3, 7-5-16; Ord. No. NS-3038, § 38, 2-7-23)

(a)

A chair massage service may be located in commercial zoning districts where retail and service uses are permitted.

(b)

An ancillary massage establishment may only be located in zoning districts that permit health clubs, athletic clubs, gyms, hotels, or where medical services are permitted.

(c)

Massage establishments may be located within the following zoning districts subject to the issuance of a conditional use permit:

(1)

Massage establishments may be permitted on parcels in the C1, C1-MD, C2, C4, C5, or C-SM zoning districts.

(2)

Massage establishments may be permitted on a parcel within any Specific Plan or Specific Development zoning district in which massage establishments are defined and permitted.

(3)

Massage establishments are not permitted in any other zoning district.

(4)

No massage establishment shall be located within one thousand (1,000) feet of another massage establishment. The one thousand (1,000) foot separation requirement shall be measured from the primary entrance of the massage establishment to the primary entrance of the nearest massage establishment.

(5)

No massage establishment shall be located on a parcel located within five hundred (500) feet of a property zoned or used for residential purposes. The five hundred (500) foot separation requirement shall be measured from the primary entrance of the massage establishment to the outermost boundary of the nearest residential parcel.

(Ord. No. NS-2903, § 3, 7-5-16; Ord. No. NS-3038, § 39, 2-7-23; Ord. No. NS-3044, § 4, 6-20-23)

No massage establishment may be operated or established in the city without first obtaining the following:

(a)

No chair massage service or ancillary massage establishment may be operated or established in the city without first obtaining the following:

(1)

Approved certificate of occupancy.

(2)

A city issued business license.

(3)

Approved massage establishment permit issued by the chief of police, as set forth in Section 22-2 of this Code.

(b)

No massage establishment may be operated or established in the city without first obtaining the following:

(1)

Approved conditional use permit.

(2)

Approved certificate of occupancy.

(3)

A city issued business license.

(4)

Approved massage establishment permit issued by the chief of police, as set forth in section 22-2 of this Code.

(Ord. No. NS-2903, § 3, 7-5-16; Ord. No. NS-3038, § 40, 2-7-23)

(a)

The following development and operating standards shall be applied to the operation of any chair massage, ancillary massage establishment, or massage establishment:

(1)

The owner must advise the city, in writing, at the time of the application for a permit of the business hours and, thereafter, of any changes in such hours. No person shall operate a chair massage, ancillary massage establishment, or massage establishment or administer a massage in any establishment between the hours of 10:00 p.m. and 8:00 a.m. A massage begun any time before 10:00 p.m., must nevertheless terminate at 10:00 p.m. All customers, patrons and visitors shall be excluded from the chair massage, ancillary massage establishment or massage establishment during these hours and be advised of these hours.

(2)

All exterior signs identifying the premises as a chair massage, ancillary massage establishment, or massage establishment shall comply with the sign requirements of the city.

(3)

Each operator and/or on-duty responsible employee shall display the massage establishment permit in a conspicuous public place in the lobby of the business.

(4)

The hours of operation must be posted in the front window and clearly visible from the outside.

(5)

The operator and/or on-duty responsible employee must also post, on a daily basis in a conspicuous public place in the lobby, the name of the operator and/or on-duty responsible employee as well as all on-duty massage technicians.

(6)

"No loitering" signs shall be posted at the front and rear of the business. No outside waiting or seating area is permitted in accordance with section 602 of the Penal Code.

(7)

Employees shall be at least eighteen (18) years of age. There shall be a minimum of one (1) employee managing the business during all working hours. During each employee's working hours, the employee shall wear a city issued badge identifying the business and the employee's full name.

(8)

Occupancy shall not exceed that required under the Uniform Building Code and Uniform Fire Code, and the maximum occupancy load shall be posted at the main entrance.

(9)

Window areas shall not be covered or made opaque in any way. All windows and entrances must be unobstructed at all times.

(10)

Lighting levels on the premises within sixty (60) feet of the use and in all required parking areas shall be maintained at a minimum one (1) foot-candle of light.

(11)

No exterior pay phones shall be permitted.

(12)

Rear exits are prohibited unless required by either the building code or the fire code. When required, rear exit doors shall be kept in a locked closed position and shall have panic hardware.

(13)

No person shall be employed or permitted to act as a massage technician who is not in possession of a valid, un-revoked massage certificate and a photo identification card prepared and issued by the city as required in chapter 22 of this Code.

(14)

It shall be unlawful for any person to perform any massage upon a member of the general public while on the premises of a school of massage.

(15)

Residing in a chair massage, ancillary massage establishment, or massage establishment is prohibited. No person or persons shall be allowed to live, reside or dwell inside the business at any time. No food of any kind shall be prepared for sale or sold in the establishment.

(16)

No interior doors may be locked during operating hours.

(Ord. No. NS-2903, § 3, 7-5-16; Ord. No. NS-3038, § 41, 2-7-23)

The provisions of this article are not intended to provide exclusive regulation of the regulated expressive business uses. Such uses must comply with any and all applicable regulations imposed in other articles of the zoning code, other city ordinances and state and federal law. Should a conflict exist between the provisions of this article and the provisions of other articles of chapter 41 of this Code, the provisions of this article shall prevail.

(Ord. No. NS-2903, § 3, 7-5-16)