HomeMy WebLinkAbout2015_10_07 massage ordinance
CITY OF SARATOGA
Memorandum
To: Saratoga City Council
From: Debbie Bretschneider, Acting City Clerk
Date: October 7, 2015
Subject: Item 11: Amendments to City Code Article 4‐55 Massage Establishments and Massage
Practitioners Ordinance
After publication of the agenda packet for the October 7, 2015 City Council Meeting, a correction
was discovered that needed changes for Item 11: Amendments to City Code Article 4‐55 Massage
Establishments and Massage Practitioners Ordinance.
The revised ordinance, with comments of the changes in the margins, is attached to this memo.
In light of revisions to the ordinance, the recommended action from the staff report has been
changed.
RECOMMENDED ACTION:
1. Conduct a public hearing.
2. Introduce and waive the first reading of the ordinance to amend Article 4-55 as revised in the desk
item presented to the City Council without the staff notations in the margins.
3. Direct staff to place the ordinance on the Consent Calendar for adoption at the next regular
meeting of the City Council.
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ORDINANCE NO. __________
AN ORDINANCE AMENDING ARTICLE 4-55
OF THE SARATOGA CITY CODE CONCERNING
MASSAGE ESTABLISHMENTS AND MASSAGE PRACTITIONERS
THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS
FOLLOWS:
Findings
1. The City of Saratoga wishes to amend the provisions of the City Code concerning
massage establishments and massage practitioners in order to reflect recent
changes in State law, ensure adequate training of City-certified massage
practitioners, and provide for improved information sharing and inspection
procedures with massage establishments operating in the City.
2. The City Council of the City of Saratoga held a duly noticed public hearing on
October 7, 2015, and after considering all testimony and written materials
provided in connection with that hearing introduced this ordinance and waived the
reading thereof.
Therefore, the City Council hereby ordains as follows:
Section 1. Adoption .
The Saratoga City Code is amended as set forth in Attachment 1. Text to be added is
indicated in double-underlined font (e.g., double-underlined) and text to be deleted is
indicated in strikeout font (e.g., strikeout). Text in standard font is readopted by this
ordinance.
Section 2. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every other
section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this
ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or
phrase of this ordinance is held invalid, the City Council declares that it would have
adopted the remaining provisions of this ordinance irrespective of the portion held
invalid, and further declares its express intent that the remaining portions of this
ordinance should remain in effect after the invalid portion has been eliminated.
Page 2 of 2
Section 3. California Environmental Quality Act
The proposed amendments and additions to the City Code are Categorically Exempt from
the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section
15061(b)(3). CEQA applies only to projects which have the potential of causing a
significant effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA. In this circumstance the amendments to the existing
City Code address regulation of massage establishments and massage practitioners only
and would have a de minimis impact on the environment.
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of
the City of Saratoga within fifteen days after its adoption.
Following a duly notice public hearing the foregoing ordinance was introduced at the
regular meeting of the City Council of the City of Saratoga held on the 7th day of
October 2015, and was adopted by the following vote on October 21st, 2015.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
Howard Miller
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
DATE:
Crystal Bothelio
CITY CLERK
APPROVED AS TO FORM:
DATE:
Richard Taylor
CITY ATTORNEY
711478.2
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Article 4-55
MASSAGE ESTABLISHMENTS AND MASSAGE PRACTITIONERS
4-55.010 - Purpose.
4-55.020 - Definitions.
4-55.030 - Exemptions.
4-55.040 - Permit required for massage establishment, managing employee, and
massage practitioner.
4-55.050 - Educational and practical examination requirements for applicants intending
to engage in massage for massage practitioner , massage establishment and managing
employee permits. permit.
4-55.060 - Applications for massage establishment permit, managing employee permit,
massage practitioner permit and temporary massage practitioner permit.
4-55.070 - Processing of application, investigation.
4-55.080 - Action by city manager on permit application; grounds for denial. modified
4-55.090 - Permits nontransferable.
4-55.095 - Business license and permit or massage therapy certificate required. and
Massage Establishment Permit Required.
4-55.100 - Registration and notification requirements.
4-55.110 - Hours of operation.
4-55.120 - Prohibited advertising practices.
4-55.130 - Minors.
4-55.140 - Physical facility and building code requirements.
4-55.150 - Health and safety requirements.
4-55.160 - Attire and physical hygiene requirements.
4-55.170 - Inspection by government officials.
4-55.180 - Owner and , operator and/or managing employee responsibility—Denial,
revocation, restriction or suspension of business license.
4-55.190 - Remedies cumulative—Each day a separate offense.
4-55.200 - Public nuisance.
4-55.210 - Criminal penalties.
4-55.220 - Civil injunction.
4-55.230 - Administrative fines and costs.
Article 4-55 - MASSAGE ESTABLISHMENTS AND MASSAGE PRACTITIONERS
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4-55.010 - Purpose.
(a) In enacting these regulations the City Council recognizes that massage is a viable
professional field offering the public valuable health and therapeutic services.
(b) It is the purpose and intent of the City Council that the operation of massage
establishments, massage practitioners , and managing employees and persons
offering massage be regulated in the interest of public health, safety and welfare by
providing minimum building , sanitation and health standards , and to insure that
persons offering massage shall possess the minimum qualifications necessary to
operate such businesses establishments and to perform such services offered.
(c) It is the intent of this Article to enact regulations to insure that those offering
massage services are qualified and trained and can be expected to conduct their
work in a lawful and professional manner. This Article implements State law
providing for certification of massage practitioners and allows the practice of
massage subject to either certification in accordance with those laws or a City
massage practitioner permit.
(d) The further intent of this Article is to establish regulations for the massage therapy
profession that are reasonable and necessary to protect public health and safety
and reduce the potential for illegal and illicit activity within the City of Saratoga. This
Article is not intended to be exclusive and compliance with its provision shall not
excuse noncompliance with any State or other local laws.
(e) If any section, subsection, sentence, clause or phrase of this Article is for any
reason determined to be invalid, such a determination shall not affect the validity of
the remainder of this Article.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.020 - Definitions.
For the purpose of this Article, unless otherwise apparent from the context, certain
words and phrases used in this Article are defined as follows:
(a) Business massage means any massage of the neck, arms, shoulders and back
area, above the waist where the client is fully clothed and done without the use
of supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils,
powders, creams, lotions, ointments, or other similar preparations commonly
used in this practice.
(b (a) Approved school or approved massage school means a school
approved by CAMTC (within or outside of California) that meets minimum
standards for training and curriculum in massage and related subjects, that
meets any of the following requirements, and that has not otherwise been
unapproved by the CAMTC council:
(1) Is approved by the Bureau for Private Postsecondary Education.
(2) Is approved by the Department of Consumer Affairs.
Comment [RST1]: Definitions placed in
alphabetical order.
Page 3
(3) Is an institution accredited by the Accrediting Commission for Senior
Colleges and Universities or the Accrediting Commission for Community and
Junior Colleges of the Western Association of Schools and Colleges and
that is one of the following:
(A) A public institution.
(B) An institution incorporated and lawfully operating as a nonprofit public
benefit corporation pursuant to Part 2 (commencing with Section 5110)
of Division 2 of Title 1 of the Corporations Code, and that is not managed
by any entity for profit.
(C) A for-profit institution.
(D) An institution that does not meet all of the criteria in subparagraph (B)
that is incorporated and lawfully operating as a nonprofit public benefit
corporation pursuant to Part 2 (commencing with Section 5110) of
Division 2 of Title 1 of the Corporations Code, that has been in
continuous operation since April 15, 1997, and that is not managed by
any entity for profit.
(4) Is a college or university of the state higher education system, as defined in
Section 100850 of the Education Code.
(5) Is a school requiring equal or greater training than what is required under
Section 460 of the Business and Professions Code and is recognized by the
corresponding agency in another state or accredited by an agency
recognized by the United States Department of Education.
(b) CAMTC means California Massage Therapy Council as established pursuant to
Division 2, Chapter 10.5 (commencing with Section 4600) of the California
Business and Professions Code, known as the Massage Therapy Act. CAMTC
certified means a Massage Practitioner holding a valid and current Massage
Therapy Certificate issued by CAMTC.
(c) City Manager means the City Manager of Saratoga or his/her designee.
(cd) Managing employee means any employee of a massage establishment who
has been designated by the holder of the massage establishment permit to
manage the business massage establishment in his/her absence. The managing
employee may perform massages at the business massage establishment only
if he/she obtains and maintains in effect a valid and current Massage Therapy
Certificate issued by CAMTC or a massage practitioner permit issued by the
City Manager .
(de) Massage means the scientific manipulation of the soft tissues, including but not
limited to, any method of pressure on, or friction against, or stroking, kneading,
rubbing, tapping, vibrating or stimulating the external parts of the human body
with the hands, or any part of the body, or with the aid of any mechanical or
electrical apparatus, or other appliances or devices, with or without such
supplementary aids as rubbing alcohol, antiseptic, oil, powders, lotion, ointment,
or other similar devices commonly used in this practice; or by baths , including,
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but not limited to, Turkish, Russian, Swedish, Japanese, vapor, shower, electric
tub, mineral, fomentation, or any other type of bath.
(ef) Massage establishment means any establishment having a fixed place of
business in the City in which massages are given in return for compensation of
any type, including , but not limited to , any hot tub/sauna, or tanning
establishment in which massage services are made available to clients, or any
premises offering relaxation services. Massage establishment does not include
those locations where massage is only provided on an outcall basis.
(fg) Massage practitioner for purposes of this Article means any a person who
performs holds a valid and current Massage Therapy Certificate issued by
CAMTC pursuant to California Business and Professions Code Section 4604 or
4604.2, or who has met all the requirements under Section 4-55.050 of this
Article, and who administers massage in return for compensation of any type. .
(g (h) Massage Therapy Certificate means a certificate issued by CAMTC
pursuant to Division 2, Chapter 10.5 of the California Business and Professions
Code (commencing at section 4600 and known as the Massage Therapy Act) or
a certificate issued by the City Manager pursuant to this Article.
(i) Outcall massage service means the engaging in or carrying on of massage for
consideration at a location other than a licensed massage establishment.
(hj) Permit means a written document authorizing the holder to engage in the
business written on such document.
(ik) Person means any individual, partnership , (general or limited), firm,
association, corporation, joint venture or any other combination of one or more
individuals for the purpose of doing business.
(j) Recognized school means any school or institution of learning which has been
approved pursuant to California Education Code Section 94300 et seq. or other
applicable state law or regulations, or any public school which requires a
resident course of study of not less than one hundred hours within at least three
months on the theory, ethics, history, practice, methods, profession or work of
massage, including the study of anatomy and physiology and hygiene, and at
least seventy-five hours of demonstration and practice of massage techniques,
and which provides a diploma or certificate of graduation upon successful
completion of such course of study or course work recognized by national
professional massage or body therapy organizations.
(k) Massage Therapy Certificate means a certificate issued pursuant to Division 2,
Chapter 10.5 of the California Business and Professions Code (commencing at
section 4600 and known as the Massage Therapy Act).
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
(l) Sole Provider means a massage business where the owner owns one hundred
(100) percent of the business, is the only person who provides massage
services for compensation for that business pursuant to a valid and current
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certificate issued by CAMTC or the City Manager and has no other employees
or independent contractors.
(m) Temporary Massage Permit means a massage permit that is given pending
further investigation to determine if an applicant is eligible for a massage
practitioner permit. A temporary massage permit may be authorized, at the
discretion of the City Manager, but is not required while further investigation is
pending. A temporary massage permit shall remain in effect for a period of
thirty (30) days or until issuance of the massage practitioner permit, unless said
permit has been denied, at which time the temporary massage permit shall be
of no further force and effect.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.030 - Exemptions.
(a) The provisions of this Article shall not apply to persons providing massage who are
licensed to practice any healing art or profession under the provisions of Division 2
of the California Business and Professions Code, or to persons working under the
direction of any such licensed person in any hospital, nursing home or sanitarium;
nor shall this Article apply to persons licensed or working as barbers or
cosmetologists under the provisions of Division 3 of the California Business and
Professions Code who administer such treatment in good faith in the course of
licensed practice; nor shall this Article apply to or by an accredited high schools,
junior colleges, colleges school, community college, college and
universities university whose coaches and trainers are acting within the scope of
employment.
(b) The provisions of Sections 4-55.040 (c) through 4-55. 090 050 of this Article shall not
apply to massage practitioners or to managing employees who administer massage
and hold a valid Massage Therapy Certificate . issued by CAMTC, pursuant to
Business and Professions Code 4604 or 4604.2
(c) The provisions of Sections 4-55.040 (c) through 4-55. 090 050 of this Article shall not
apply to massage establishments that are a sole proprietorship, where the sole
proprietor holds a valid and current Massage Therapy Certificate through CAMTC ,
or to massage establishments that employ or use only persons who hold a valid
Massage Therapy Certificate to provide massage services. For purposes of this
paragraph, a sole proprietorship is a business where the owner is the only person
employed by that business through CAMTC to provide massage services.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.040 - Permit required for massage establishment, managing employee, and
massage practitioner.
(a) Massage establishment permit. No person shall establish, operate or maintain a
massage establishment within the City without first obtaining from the City Manager,
and maintaining, a massage establishment permit. It is unlawful to operate,
Comment [RST2]: Words added for parallel
construction .
Page 6
establish or maintain a massage establishment while the permit issued for such
business has been suspended, revoked, or has expired. Only one permit (including
a permit which has been suspended or revoked or is in the appeals process) shall
be issued to a business location. No additional applications for permits will be
accepted for locations which are in the appeals process, until the existing permit
has expired, been revoked, or been surrendered by the applicant.
(b) Managing employee permit. No person shall act as the managing employee for
any massage establishment within the City unless he/she has obtained a managing
employee permit from the City Manager. It is unlawful for any person to act as the
managing employee of any massage establishment while his/her managing
employee permit has been suspended, or revoked, or has expired.
(c) (1) Massage practitioner permit.
(1) No person shall engage in the practice of massage, including outcall massage,
in return for compensation of any type within the City without obtaining from the
City Manager and maintaining in effect a massage practitioner permit. It is
unlawful for any person to engage in the practice of massage in return for
compensation while his/her massage practitioner permit has been suspended,
revoked, or has expired.
(2) A person who obtains a massage establishment permit or a managing
employee permit from the City Manager and plans to personally give massages
at the business establishment , shall , unless CAMTC certified, also apply for and
obtain a massage practitioner permit, and shall pay fees for administration of
the written and practical examination pursuant to Section 4-55. 060 050.
(d) [Change in status .] . The holder of any permit described in required by this Section
shall notify the City Manager , through the massage establishment owner of which
they are employed, within thirty (30) days of any change in name, address, or other
contact information listed in the permit. If the holder of the permit is an independent
contractor, then they must notify the City Manager within thirty (30) days of any
change in name, address, or other contact information listed in the permit.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.050 - Educational and practical examination requirements for applicants
intending to engage in massage for massage practitioner , massage
establishment and managing employee permits. .
(a) Educational requirements. All applicants for a massage establishment permit,
managing employee permit and/or massage practitioner permit , must meet either
(unless CAMTC certified) must meet, and provide proof satisfactory to the City
thereof, each of the following educational standards in order to qualify for such
permit:
(1) Possession of a diploma or certificate of graduation from a recognized an
approved massage school of massage , college, junior community college or
university which shows satisfactory completion of at least three ;
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(2) Evidence that the applicant has successfully completed the curricula in
massage and related subjects totaling a minimum of five hundred (500) hours of
a nonrepetitive curriculum in anatomy, physiology, hygiene, sanitation, and
massage theory, history, ethics and practice; , or
(2) Possession of diploma or certificate of graduation from a recognized school of
massage, college, junior college or university which shows satisfactory
completion of at least two hundred hours of a nonrepetitive curriculum in
anatomy, physiology, hygiene, sanitation, and massage theory, history, ethics
and practice and at least one hundred hours of the credit unit equivalent, that
incorporates appropriate school assessment of student knowledge and skills,
including, but not limited to, documented experience under the direct
supervision of a licensed massage practitioner, physical therapist, or other
health professional who is duly licensed to practice his/her respective
profession under the laws of the State . as follows.
(i) Of the five hundred (500) hours, a minimum of one hundred (100) hours of
instruction shall address anatomy and physiology, contraindications,
health and hygiene, sanitation, and business ethics;
(ii) All of the five hundred (500) hours shall be from an approved massage
school: and
(iii) Proof of successful completion of courses in massage theory, history and
practice.
(3) Evidence that the applicant has passed a massage and bodywork competency
assessment examination that meets the generally recognized psychometric
principles and standards currently approved by CAMTC.
(b) Practical examination requirements. All applicants for a massage establishment
permit, managing employee permit and/or massage practitioner permit who intend
on engaging in the practice of massage shall take and pass a practical examination
to demonstrate a basic knowledge of anatomy, physiology, hygiene, and the theory,
practice, history, ethics and methods of massage. The examination shall be
administered on behalf of the City, by a doctor or other licensed health professional
selected by the City Manager. The City Manager shall establish procedures for the
examinations in accordance with this Article. If the applicant fails the practical exam,
he/she shall be permitted to retake the examination once, after at least thirty (30)
but no more than sixty (60) days have elapsed from the date of the first
examination, so long as the applicant pays the applicable examination fees for a
second time and complies with City Manager procedures. If the applicant fails the
examination a second time, the application shall be denied, and the applicant shall
not be permitted to apply again for a massage establishment permit, managing
employee permit or massage practitioner permit for a period of one year.
(c) Exemption from educational and , practical examination requirements and
medical certificate .
(1) requirements. Applicants for a massage establishment permit or managing
employee permit who sign a declaration under penalty of perjury that they will not
Comment [RST3]: Words added for parallel
construction.
Comment [RST4]: Words added for parallel
construction.
Page 8
personally engage in the practice of massage at the business establishment are
exempt from the educational and practical examination requirements set forth in this
Section and are exempt from obtaining a medical certificate.
(2) Applicants for a massage practitioner permit who have completed at least three
hundred hours of education and training at a recognized school and have
passed the National Certification Examination for Therapeutic Massage and
Body Work are exempt from the practical examination requirements set forth in
this Section.
(d) Extension of time to complete educational requirements. Holders of business
licenses issued by the City for at least one year before the effective date of this
Article, engaged in the practice of massage within the City, and their employees
who have been employed in the practice of massage by the business for at least
one year before the effective date of this Article, shall be exempt from the
educational requirements of subsection (a) of this Section if they have passed the
practical examination set forth in this Section or hold a current valid certificate
evidencing passage of the National Certification Examination for Therapeutic
Massage and Body Work. Holders of a business license or massage practitioner
permit issued by the City, before, but less than one year before, the effective date of
this Article shall have a period of one year from the effective date of this Article to
satisfy the educational requirements set forth in this Section. A one-year extension
may be granted provided that the applicant can document that he or she has
completed at least one-half of the necessary hours required to comply with the
additional requirements of this Article.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.060 - Applications for massage establishment permit, managing employee
permit, massage practitioner permit and temporary massage practitioner permit .
..
(a) Submittal of application. Every person, firm, corporation or partnership (general or
limited), limited liability company or other form of business desiring to obtain a
permit shall file a written application to the City Manager on a form provided by the
City. (The applicant, firm, corporation or partnership (general or limited), limited
liability company or other form of business shall designate one of its officers or
partners to act as the responsible person for the business and will complete and
sign all forms/applications required .) .
(b) [Required information .] . The application form must contain the following
information:
(1) The full name, including any nicknames or other names used presently or in the
past, and the present street address and phone number of the applicant;
(2) The applicant's two most recent street addresses, and the dates of residence at
each address;
(3) The date of birth of the applicant;
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(4) The applicant's height, weight and , color of eyes and hair , and any other
identifying features such as birth marks, scars or tattoos ;
(5) The applicant's driver's license number (if any), California Identification Card (if
any) and social security number;
(6) The applicant's two most recent employers, including their names, street
addresses, cities and phone numbers, and the position held by the applicant;
(7) The names, street addresses and phone numbers of any massage
establishment or any other business involving massage by which the applicant
has been employed within the past ten years; and the dates of employment;
(8) Any criminal conviction on the part of the applicant for offenses other than traffic
violations within the ten years preceding the date of the application;
(9) Whether the applicant has ever had a license, certificate, permit, or other
authorization to engage in the practice of massage, or the operation of a
massage establishment, or other business engaged in the practice of massage,
suspended or revoked within the ten years preceding the date of the
application, the dates and reasons for any such suspensions or revocations,
and the name and location of the jurisdiction or agency which suspended or
revoked such license, certificate, permit, or other authorization;
(10) Whether the applicant, including applicant as a member of a corporation,
business or partnership (general or limited), limited liability company or other
form of business , has ever operated or been employed at any business which
has been the subject of an abatement proceeding under the California Red
Light Abatement Act (California Penal Code Sections 11225 through 11325) or
any similar laws in other jurisdictions. If the applicant has previously worked at
such a business, he/she should state on the application the name and address
of the business, the dates on which the applicant was employed at such
business, the name and location of the court in which the abatement action
occurred, the applicable case number and the outcome of the abatement
action;
(11) If the applicant is a partnership , (general or limited), the application shall set
forth the names and street addresses of each general and limited partner. If the
applicant is a limited partnership, it shall furnish a copy of its certificate of
limited partnership as filed with the County Clerk. If one or more of the partners
is a corporation, the provisions of this subsection pertaining to corporate
applicants shall apply to the corporate partner;
(12) If the applicant is a corporation, the name of the corporation shall be set forth
exactly as shown in its article of incorporation or charter together with the state
and date of incorporation and the full legal names and street addresses of each
of its current officers and directors and each stockholder holding more than five
percent of the stock of that corporation;
(13) Whether the applicant has met the educational requirements set forth in this
Article (except for cases involving applications for massage establishments or
managing employee permits, when the applicant has filed a statement under
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penalty of perjury that he/she will not personally give massages at the massage
establishment);
(14) Whether the applicant has previously applied to the city for a massage
establishment permit, managing employee permit, massage practitioner permit
or temporary massage practitioner permit ,,, the date of the application and
every name(s) under which the application was made;
(15) In the case of an application for a massage establishment permit or managing
employee permit, the proposed name and street address of the massage
establishment, together with the name and street address of any other massage
business operated or managed by the applicant, within the ten years preceding
the date of the application;
(16) In the case of an application for a massage establishment permit or managing
employee permit, whether the applicant intends to personally provide massage
services at the business;
(17) A statement under penalty of perjury that the applicant has not made any false,
misleading or fraudulent statements or omissions of fact in his/her application or
any other documents required by the City to be submitted with the application;
(18) The name and street address of the owner or renter and the lease holder of
proposed premises of which application is made. In the event the applicant is
not the legal owner of the property, the application must be accompanied by a
copy of the lease and a notarized acknowledgment from the owner of the
property that a massage establishment will be located on the property;
(19) (17) In the case of a massage establishment application, proof of massage
malpractice insurance in the sum of no less than one million dollars;
(20) 18) A description of any other business to be operated on the same premises,
or on adjoining premises, owned or controlled by applicant;
(21) 19) Authorization for the City, its agents and employees, to seek information
and conduct an investigation into the truth of the statements set forth in the
application and into the background of the applicant and responsible managing
officer . ;
(20) In the case of a massage establishment application, the name, residence
address and telephone number, and work address and telephone number of
each person that the establishment intends to employ as a massage
practitioner;
(21) In the case of a massage establishment application, a copy of each employee’s
massage practitioner’s CAMTC certification and CAMTC identification card, or a
copy of the employee’s massage practitioner permit from the City Manager;
(22) This section 4-55.060(b) does not apply to massage practitioners who hold a
valid and current Massage Therapy Certificate through CAMTC and who are
not applying for a massage establishment permit or a managing employee
permit.
Page 11
(23) The name and street address of the owner or renter and the lease holder of
proposed premises of which application is made. In the event the applicant is
not the legal owner of the property, the application must be accompanied by a
copy of the lease and a notarized acknowledgment from the owner of the
property that a massage establishment will be located on the property.
(24) A statement under penalty of perjury that the applicant has not made any false,
misleading or fraudulent statements or omissions of fact in his/her application or
any other documents required by the City to be submitted with the application.
(c) Submittal of documentation. Applicants shall also submit the following information
at the time of their application:
(1) A birth certificate or other proof that the applicant is at least eighteen years of
age;
(2) A certificate from a physician, which includes the physician's street address and
phone number, and states that the applicant is free from communicable
diseases or other conditions which could interfere with his/her ability to engage
in the practice of massage, to the public, in a safe and healthful manner.
Communicable disease testing is required for Hepatitis B and tuberculosis. The
medical exam must have been completed within sixty (60) days of the permit
application;
(3) A diploma, certificate of graduation, transcript, or other written proof acceptable
to the City Manager that the applicant has met the educational requirements set
forth in this Article, unless in the case of applications for a massage
establishment permit or managing employee's permit the applicant has
submitted with the application a written statement under penalty of perjury that
he/she will not personally give massages at the establishment;
(4) Other related information requested by the City Manager in order to confirm the
identity of the applicant and evaluate the background and qualifications of the
applicant for the permit sought;
(5) Documentation to prove that the applicant has a lawful right to work in the
United States.
(6) This section 4-55.060 (c) does not apply if the applicant holds a valid and
current Massage Therapy Certificate issued by CAMTC and is not applying for
a massage establishment permit or a managing employee permit.
(d) Payment of massage establishment permit, managing employee permit or
massage practitioner permit fees. At the time of submitting an application for a
permit(s) the applicant shall pay all permit fees, examination fees and investigation
fees (to defray the cost of the investigation required by this Article). Applicants who
will need the services of an interpreter for their written and/or practical examination
shall also pay a fee to cover the cost of these services. All fees shall be
nonrefundable, except that the City shall refund examination fees if the application
is denied before the applicant takes the written and/or practical examination. All
Page 12
fees will be set forth in the City fee schedule. A copy of the receipt(s) shall
accompany the application.
(e) CAMTC Certified Massage Practitioners. A massage practitioner who holds a
valid and current Massage Therapy Certificate issued by CAMTC is not required to
apply for or obtain a massage practitioner permit from the City Manager. However,
a CAMTC certified massage practitioner who intends to open a massage
establishment or manage a massage establishment is required to apply for a
massage establishment permit or managing employee permit.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.070 - Processing of application, investigation.
(a) Processing of application, investigation. Upon receipt of an application for a
permit(s) the City Manager shall review the application and supplementary material.
If it is clear from the face of the application and supplementary materials that the
applicant is not qualified for the permit(s) sought, the application may be denied
without further investigation or testing. If it appears from the face of the application
and supplementary material that the applicant may be eligible for the permit(s)
sought, the City Manager may issue a temporary massage practitioner permit
pursuant to Section 4-55.040(d), , and shall verify the information submitted by the
applicant and shall further investigate the qualifications of the applicant as follows:
(1) Photographs/fingerprints/review of criminal history. The City Manager shall
photograph the applicant and take a full set of the applicant's fingerprints and
shall submit the fingerprints to the Department of Justice (DOJ) and to the
Federal Bureau of Investigation (FBI) for evaluation. Upon receipt of the report
from the DOJ and FBI, the City Manager shall review the criminal history (if any)
of the applicant. This provision does not apply if the applicant holds a valid and
current Massage Therapy Certificate issued by CAMTC.
(2) Investigation of location and premises of massage establishment. Upon
receipt of an application for a massage establishment permit, the City Manager
shall refer the application to the City's fire, building, planning, health and code
enforcement departments, who shall review the application and inspect the
premises to ensure that the designated site will comply with applicable City
zoning, building, fire safety ordinances, and any other applicable City
ordinances;
(3) Additional investigation. The City Manager may conduct additional
investigations in a manner authorized by law when necessary to determine if
the applicant meets the qualifications for a permit pursuant to this Article.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
Page 13
4-55.080 - Action by city manager on permit application; grounds for denial.
(a) Grant or denial of application for massage establishment permit, managing
employee permit or massage practitioner permit. The City Manager shall grant
or deny the application for a permit(s) within ninety (90) days of the applicant's
submission of a completed application and all required supplementary material.
When necessary, the City Manager may extend the time in order to conduct a
complete investigation and hearing.
(b) Granting of application. In considering a massage establishment permit, the City
Manager may grant the application for a permit as applied for or in modified or
conditional form if, on the basis of the application and the evidence submitted, the
City Manager makes all of the following findings:
(1) The property on which the massage establishment will be conducted and the
operation thereof complies with all building, zoning, fire, health and safety
codes and with the requirements of this Article;
(2) The proposed location of the massage establishment is in accord with the
objectives of the zoning ordinance and the purposes of the district in which the
site is located;
(3) None of the grounds for denial of the permit, as listed in subsection (j) of this
Section, exist;
(4) The massage establishment and the conditions under which it will be operated
will not be detrimental to the public health, safety or welfare, or injurious to
properties in the vicinity or disturbing to the occupants thereof.
(c) Conditional granting of application. In considering a massage establishment
permit the City Manager may grant the application subject to such conditions and
restrictions as he/she deems reasonable and necessary under the circumstances,
including without limitation, any or all of the following:
(1) Restriction on hours of operation;
(2) Parking requirements;
(3) Prohibition against the sale or serving of food or beverages or the conducting of
nonmassage non-massage business on the premises.
(d) Notice. If the application for a permit is granted pursuant to this Section, the City
Manager shall send a notice of the approval, and a statement of all conditions
thereof, to the applicant and to the Sheriff and all appropriate staff the City deems
necessary . After full compliance by the applicant with all conditions imposed by the
City Manager for issuance of the permit and provided no appeal has been filed from
the decision of the City Manager and the period for such appeal has expired, the
City Manager shall issue the permit.
(e) Expiration and renewal of massage establishment permit, managing
employee permit and massage practitioner permit. All permits shall expire one
(1) year after the date of their issuance, unless revoked sooner by the City
Manager. Applications for renewal of permits must be submitted to the City
Page 14
Manager no later than sixty (60) days prior to the expiration of such permit on a
form provided by the City, which shall require the applicant for renewal to update
the information contained in the original application.
(f) Medical certificate; renewal. Any applicant requesting the renewal of a massage
practitioner permit must also submit, with the renewal application, a certificate from
a medical doctor stating that the applicant has, within the past thirty (30) days
immediately prior to the filing of the application, been examined and found to be free
from any communicable disease capable of being transmitted to the public or to
fellow employees by the type of conduct and interaction involved in the performance
of massage.
(g) Fee; renewal. The applicant must pay the City a nonrefundable fee set forth in the
City fee schedule, at the time of filing the application for renewal. After investigating
the application for renewal, the City Manager may renew the permit(s) if the
applicant continues to meet the standards for the issuance of a permit and none of
the grounds for denial of a permit set forth in this Article exist.
(h) Notice. The City Manager shall give the applicant for renewal written notice of
his/her decision within sixty (60) days of the submittal of the completed application
for renewal. If the application is denied, the notice shall be sent via certified mail
and shall state the specific grounds for the denial and notify the applicant that
he/she may appeal through the procedures set forth in this Article.
(i) Failure to file timely notice. If the holder of the permit does not file a completed
renewal application at least sixty (60) days prior to the expiration of the permit or
certificate, the applicant shall be required to file an application for a new permit and
will be required to pay the applicable fees for a new permit.
(j) Grounds for denial of application. The City Manager shall deny an application if
any of the following circumstances exist:
(1) The application is incomplete and /or the applicant failed to submit required
materials requested by the City within thirty (30) days of the City’s request, or
the applicant failed to submit required supplementary materials are not
submitted requested by the City within thirty (30) days of the date of
application; the City’s request.
(2) The applicant does not have proof of the required educational requirements,
unless the applicant is exempt from these requirements as established in this
Article, and can show proof of qualifications for exemption;
(3) The applicant has previously had a massage establishment permit, managing
employee permit, massage practitioner permit, or any similar license, certificate
or permit revoked by the City or any other public agency;
(4) The applicant has made a false, misleading or fraudulent statement or omission
of fact in his/her application or other materials submitted with the application;
(5) The applicant, including applicant as a corporation or , partnership (limited or
general), limited liability company or other form of business , or former employer
of the applicant while the applicant was so employed, has been successfully
Page 15
prosecuted under the Red Light Abatement Act (California Penal Code Sections
11225 through 11325) or any similar laws in another jurisdiction;
(6) The applicant has been convicted of:
(i) An offense which requires registration pursuant to California Penal Code
Section 290, or a violation of Penal Code Sections 266 (i), 311 through
311.7, 314, 315, 318, 647(b) or (d), or equivalent offenses under the laws of
another jurisdiction, even if expunged pursuant to Penal Code Section
1203.4 , or equivalent expungement process under the laws of another
jurisdiction,
(ii) A prior offense which involves violation of California Health and Safety
Sections 11351, 11352, 11358 through 11363, 11378 through 11380,
11054, 11056, 11057, 11058, any other violation(s) involving illegal
possession for sale, or sales of a controlled substance, or equivalent
offenses under the laws of another jurisdiction, even if expunged pursuant
to Penal Code Section 1203.4 , or equivalent expungement process under
the laws of another jurisdiction,
(iii) Any offense involving the use of force or violence upon another person,
(iv) Any offense involving sexual misconduct with children, or
(v) Any offense involving theft;
(7) The operation of the massage establishment at the proposed site would violate
the City's Zoning, Building, Fire Regulations, or other provisions of the City
ordinances;
(8) Any violation of this Article if previously licensed at any other location during the
pendency of the application.
(k) Notice to applicant of grounds for denial of application. The City Manager shall
give written notice of the grounds for denial to the applicant for a permit. If the
application is denied, the notice shall be by certified mail, return receipt requested,
and/or hand delivered to the managing employee on the business massage
establishment premises; and shall advise the applicant of his/her right to appeal the
decision.
(l) Appeal of denial of application for a permit. Upon the denial of an application for
a permit, the applicant may appeal through the following procedures:
(1) The applicant shall file a written request for an appeal hearing, which states the
specific grounds on which the decision of the City Manager Clerk to deny the
permit is contested, within ten (10) days after service of the notice of the written
decision, by deposit of the notice, addressed to the holder of the permit, by
certified mail and/or by hand delivery. At the time of submitting the written
request for an appeal hearing, the applicant shall pay an appeal hearing fee, set
forth in the City fee schedule, to help defray in part the additional cost to the
City. If the applicant does not request an appeal hearing within the ten - (10) day
period, no further notice is required and the application will remain denied.
Comment [RST5]: Typographical error
corrected.
Page 16
(2) In order to hear and decide appeals of denials of applications for permits made
by the City Manager, there The appeal shall be heard and is created decided by
a Board of Appeals consisting of members Hearing Officer appointed by the City
Council. The City Manager shall be an ex officio member and shall act as
Secretary pursuant to City Code Section 3-15.070 and conducted pursuant to
such Board but shall have no vote upon any matter before the Board. Copies of
any the rules or regulations adopted by the Board shall be delivered to the City
Manager, who shall make them freely accessible to the public. of procedure
established in accordance with Section 3-15.070. . The Board Hearing Officer
shall have no authority to waive requirements of this Article.
(3) As soon as practicable after receiving the written appeal, the Secretary of the
Board of Appeals Hearing Officer shall fix a date, time and place for the hearing
of the appeal by the Board. .Such date shall not be less than five (5) working
days nor more than thirty (30) working days from the date the appeal was filed
with the City Manager Clerk . Written notice of the time and place of the hearing
shall be given by certified mail at least five (5) working days prior to the date of
the hearing to the appellant by the Secretary of the Board City Clerk either by
causing a copy of such notice to be delivered to the appellant personally or by
mailing a copy thereof, postage prepaid, addressed to the appellant at the
address shown on the appeal.
(4) Failure of an applicant to file an appeal in accordance with the provisions set
forth in this Section shall constitute a waiver of the right to an
administrative appeal hearing and adjudication of the notice and order or any
portion thereof.
(5) At the hearing both the appellant and the City shall have the right to appear and
be represented by counsel and to present evidence and arguments which are
relevant to the grounds for the appeal.
(6) Within ten (10) working days of the hearing, the Board Hearing Officer shall
issue a written decision which states whether the decision of the City Manager
is upheld, modified or reversed. The decision of the Board Hearing Officer shall
be served on the appellant by certified mail, return receipt requested. The
decision of the Board Hearing Officer shall be final.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.090 - Permits nontransferable.
A massage establishment permit issued pursuant to this Article shall not be
assignable or transferable, either as to the named permittee or the location specified
therein. The permit shall automatically terminate upon any attempted transfer thereof, or
upon any sale or transfer of the property, if the permit was issued to the owner thereof,
or upon any termination or assignment of the lease or other right of possession, if the
permit was issued to the occupant of the property, or if, by reason of any other
circumstances, the massage establishment is not being operated or managed by the
person to whom the permit was issued.
Page 17
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.095 - Business license and permit or massage therapy certificate required.
and Massage Establishment Permit Required .
(a) Business license. Any person desiring to operate a massage establishment shall
also apply for and obtain a business license pursuant to Article 4-05 of this Code
and pay the license fee specified therein. No such business license shall be issued
unless and until the applicant has first obtained a valid permit under this Article or
provided evidence that the applicant holds a valid Massage Therapy Certificate.
(b) Current permit or certificate required. No person shall accept or continue
employment as a massage practitioner at any massage establishment in the City
unless the owner or , operator and/or managing employee of such establishment
holds both a current business license and Massage Establishment permit issued
pursuant to this Article or a valid Massage Therapy Certificate. .
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.100 - Registration and notification requirements.
(a) Every massage establishment shall:
(1) Provide the City of Saratoga with a copy of the massage practitioner permit or
proof of a valid Massage Therapy Certificate issued by CAMTC of every
person who is employed or retained by the business or establishment to provide
massage therapy, within thirty (30) calendar days of the commencement of
such person's period of employment; and
(2) Maintain on its premises a copy or other evidence of each such massage
therapy license establishment permit, managing employee permit and massage
practitioner permit or a valid and current Massage Therapy Certificate issued by
CAMTC, for each employee for review by the City of Saratoga .;
(3) Notify the City of any new employees or departed employees;
(b) Every CAMTC certified massage practitioner or holder of a massage practitioner
pursuant to this Article shall:
(1) Display his or her original certificate wherever he or she provides massage for
compensation. A certificate holder shall have his or her identification card in his
or her possession while providing massage services for compensation;
(2) Provide his or her full name and certificate number (if applicable) upon the
request of a member of the public, the City, the CAMTC council (if CAMTC
certified), 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;
(3) Include the name under which he or she is certified and his or her certificate
number in any and all advertising of massage for compensation.
Page 18
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.110 - Hours of operation.
No holder of a permit issued pursuant to this Article or holder of a valid and current
Massage Therapy Certificate issued by CAMTC , and no nonexempt massage business
or establishment, or massage business or establishment described in paragraph (1) of
subdivision (b) of Section 4612 of the California Business and Professions Code, ,shall
provide massage therapy to the public for compensation between the hours of ten (10)
p.m. and seven (7) a.m. of the following day .
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.120 - Prohibited advertising practices.
(a) It is a violation of this Article for any person who does not possess a valid CAMTC
Massage Therapy Certificate or massage practitioner permit issued pursuant to this
Article, and for any massage business or establishment that employs or retains
such a person, to:
(1) State or advertise or put out any sign or card or other device, or to represent to
the public through any print or electronic media, that such person is certified,
registered or licensed by a governmental agency as a massage therapist or
massage practitioner; or
(2) Hold oneself out or use the title of "certified massage therapist," "certified
massage practitioner," or any other term, such as "licensed," "registered," or
"CMT," that implies or suggests that such person is the holder of a CAMTC
Massage Therapy Certificate or massage practitioner permit issued pursuant to
this Article.
(b) It is a violation of this Article for any massage business or establishment, licensee,
or any other person providing massage therapy to the public for compensation, to
advertise through any print or electronic media that is classified for adults only or
similar classification.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.130 - Minors.
It shall be unlawful for any holder of a permit issued pursuant to this Article,
nonexempt massage business or establishment, and for any massage business or
establishment described in paragraph (1) of subdivision (b) of Section 4612 of the
California Business and Professions Code, to: to:
(a) Employ or retain any person who is under the age of eighteen (18) years to
provide any massage therapy to the public for compensation; or
Page 19
(b) Provide massage therapy to any person who is under the age of eighteen (18)
years, except at the special instance and request of a parent or other person in
lawful custody of the minor.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.140 - Physical facility and building code requirements.
The following physical facility and building code requirements shall be applicable to
all holders of massage establishment permits issued pursuant to this Article, nonexempt
massage businesses or establishments, and to all massage businesses or
establishments described in paragraph (1) of subdivision (b) of Section 4612 of the
California Business and Professions Code :
(a) Except when there is no staff available to assure security for massage therapy
patrons and staff who are behind closed doors, no massage therapy may be
carried on behind locked, closed doors. (a) All internal and external doors
must remain unlocked at all times when massage therapy is being provided,
unless otherwise expressly authorized in this Article; except that where a
massage establishment is a business entity owned by one individual with one
or no employees or independent contractors, it may lock its external doors.
(b) All doors to dressing rooms, toilet rooms and massage therapy rooms or
cubicles shall open inward and shall be self-closing. Draw drapes, curtain
enclosures, or accordion-pleated closures in lieu of doors are acceptable on all
inner dressing rooms and massage therapy rooms or cubicles.
(c) Minimum lighting equivalent to at least one forty-watt (40) light shall be provided
in each massage therapy room or cubicle.
(d) A massage table shall be used for all massage therapy, with the exception of
"Thai ," " , Shiatsu ," , and similar forms of massage therapy, which may be
provided on a padded mat on the floor, provided the patron is fully attired in
loose clothing, pajamas, scrubs or similar style of garment. The Massage tables
should shall have a minimum height of eighteen (18) inches. Beds, floor
mattresses and waterbeds are not permitted on the premises of the business or
establishment. Massage tables shall be covered with a clean sheet or other
clean covering for each patron. After a towel, covering or linen has once been
used it shall be deposited in a closed receptacle and not used until properly
laundered and sanitized. Pads used on massage tables shall be covered with
material acceptable to County Department of Environmental Health.
(e) All locker facilities that are provided for the use of patrons shall be fully secured
for the protection of the patron's valuables, and the patron shall be given control
of the key or other means of access.
(f) The business or establishment shall comply with the following state building
standards as adopted at Chapter 16 of this Code:
(1) Have a system of adequate ventilation in accordance with the provisions of
Section 705 of the Uniform Building Code of 1982, as referenced in Part 2,
Page 20
Chapter 7 of the matrix adoption tables, of Title 24 of the California Code of
Regulations.
(2) Have a supply of hot and cold running water in accordance with Part 5,
Section 1001(d)(1), of Title 24 of the California Code of Regulations.
(3) Have a supply of potable drinking water in accordance with Part 5, Section
1001(d)(3), of Title 24 of the California Code of Regulations.
(4) Provide hand-washing facilities in accordance with Part 5, Section
1001(d)(2), of Title 24 of the California Code of Regulations.
(5) Provide public toilet rooms in accordance with Part 5, Sections 910(b) and
910(c), and Table No. C-1, of Title 24 of the California Code of Regulations.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.150 - Health and safety requirements.
The following health and safety requirements shall be applicable to all holders of
massage establishment permits issued pursuant to this Article, all nonexempt massage
businesses or establishments, and to all massage businesses or establishments
described in paragraph (1) of subdivision (b) of Section 4612 of the California Business
and Professions Code: ::
(a) The business or establishment shall at all times be equipped with an adequate
supply of clean sanitary towels, coverings and linens, and all massage tables
shall be covered with a clean sheet or other clean covering for each patron.
After a towel, covering or linen has once been used it shall be deposited in a
closed receptacle and not used until properly laundered and sanitized. Towels,
coverings and linens shall be laundered either by regular commercial
laundering or by a noncommercial laundering process which includes
immersion in water at least one hundred forty (140) degrees Fahrenheit for not
less than fifteen (15) minutes during the washing or rinsing operation. Clean
towels, coverings and linens shall be stored in closed, clean cabinets when not
in use.
(b) All massage therapy rooms or cubicles, wet and dry heat rooms, toilet rooms,
shower compartments, and hot tubs and pools shall be thoroughly cleaned and
disinfected as needed, and at least once each business day the premises are
open and such facilities are in use. All bathtubs shall be thoroughly cleaned and
disinfected after each use.
(c) All liquids, creams, or other preparations used on or made available to patrons
shall be kept in clean and closed containers. Powders may be kept in clean
shakers. All bottles and containers shall be distinctly and 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 patron, it shall be removed
from the container in such a way as not to contaminate the remaining portion.
Page 21
(d) No invasive procedures shall be performed on any patron. Invasive procedures
include, but are not limited to:
(1) Application of electricity which contracts the muscle;
(2) Application of topical lotions, creams, or other substances which affect
living tissue, such as chemical peel preparations or bleaches;
(3) Penetration of the skin by metal needles;
(4) Abrasion of the skin below the nonliving, epidermal layers;
(5) Removal of skin by means of any razor-edged instrument or other device or
tool; and
(6) Any needle-like instrument which is used for the purpose of extracting skin
blemishes and other similar procedures .
(.(e) All bathrobes, bathing suits and/or other garments that are provided for
the use of patrons shall be either fully disposable and shall not be used by more
than one patron, or shall be laundered after each use pursuant to subsection (a)
of this Section.
(f) All combs, brushes, and/or other personal items of grooming or hygiene that are
provided for the use of patrons shall be either fully disposable and shall not be
used by more than one patron, or shall be fully disinfected after each use.
(g) No patrons shall be allowed to use any shower facilities of the business or
establishment unless such patrons are wearing slip-resistant sandals or flip-
flops while in the shower compartment. All footwear such as sandals or flip-
flops that are provided for the use of patrons shall be either fully disposable and
shall not be used by more than one patron, or shall be fully disinfected after
each use.
(h) The patron's genitals, pubic area , anus, and female patron's breasts below a
point immediately above the top of the areola must be fully draped at all times
while any employee of the business or establishment is in the massage therapy
room or cubicle with the patron. No massage therapy shall be provided to a
patron that results in intentional contact, or occasional and repetitive contact,
with the genitals, anus, or areola the female breasts of a patron.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.160 - Attire and physical hygiene requirements.
The following attire and physical hygiene requirements shall be applicable to all
holders of a permit pursuant to this Article , and to all massage therapists and massage
practitioners who are employed or retained by a nonexempt massage business or
establishment, or by a massage business or establishment described in paragraph (1)
of subdivision (b) of Section 4612 of the California Business and Professions Code:
and all massage practitioners who hold a valid and current Massage Therapy Certificate
issued by CAMTC:
Page 22
(a) All persons shall be clean and wear clean and sanitary outer garments at all
times. All outer garments shall be of a fully opaque, nontransparent material
and provide complete covering from at least the mid-thigh to two inches below
the collarbone. The midriff may not be exposed. (a) All persons shall wear
attire that is not transparent, see-through, or substantially exposes the person’s
undergarments , breasts, buttocks, or genitals, or dress in any manner that
exposes him or herself, or private parts in violation of Section 314 of the Penal
Code. Persons shall not wear swim attire, unless providing a water-based
massage modality approved by CAMTC.
(b) All persons shall thoroughly wash their hands with soap and water or any
equally effective cleansing agent immediately before providing massage
therapy to a patron. No massage therapy shall be provided upon a surface of
the skin or scalp of a patron where such skin is inflamed, broken (e.g., abraded,
cut) or where a skin infection or eruption is present.
(c) No person afflicted with an infection or parasitic infestation capable of being
transmitted to a patron shall knowingly provide massage therapy to a patron, or
remain on the premises of a massage business or establishment while so
infected or infested. Infections or parasitic infestations capable of being
transmitted to a patron include, but are not limited to:
(1) Cold, influenza or other respiratory illness accompanied by a fever, until 24
hours after resolution of the fever;
(2) Streptococcal pharyngitis ("strep throat"), until twenty-four hours after
treatment has been initiated and twenty-four hours after resolution of fever;
(3) Purulent conjunctivitis ("pink eye"), until examined by a physician and
approved for return to work;
(4) Pertussis ("whooping cough"), until five days of antibiotic therapy has been
completed;
(5) Varicella ("chicken pox"), until the sixth day after onset of rash or sooner if
all lesions have dried and crusted;
(6) Mumps, until nine days after onset of parotid gland swelling;
(7) Tuberculosis, until a physician or local health department authority states
that the person is noninfectious;
(8) Impetigo (bacterial skin infection), until twenty-four hours after treatment
has begun;
(9) Pediculosis (head lice), until the morning after first treatment; and
(10) Scabies ("crabs"), until after treatment has been completed.
Blood-borne diseases, such as HIV/AIDS and hepatitis B (HBV), shall not be
considered infectious or communicable diseases for the purpose of this subsection.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
Comment [RST6]: Extra words “as described”
deleted.
Page 23
4-55.170 - Inspection by government officials.
(a) All holders of a permit issued pursuant to this Article and holders of a valid Massage
Therapy Certificate issued by CAMTC , nonexempt massage businesses or
establishments, and all massage businesses or establishments described in
paragraph (1) of subdivision (b) of Section 4612 of the California Business and
Professions Code , shall permit representatives of the County health department, the
City of Saratoga, Fire Department, Community Development Department, and/or
other City or County departments or agencies, to conduct a reasonable inspection
of the public areas of and areas otherwise open to plain view on or within the
premises, to the extent allowed by law and during the regular business hours of the
business or establishment, for the purpose of ensuring compliance with state and
local law, including, but not limited to, Chapter 10.5 (commencing with Section
4600) of the California Business and Professions Code, the requirements of this
Code, or other applicable fire and health and safety requirements.
(b) Nothing in this Section shall be deemed to prohibit the above-described government
officials from pursuing any and all available legal remedies to secure entry into and
inspection of the premises of the business or establishment if such entry is refused,
or for any other reason allowed by law.
(c) It is a violation of this Article for the business or establishment to prohibit or interfere
with such lawful inspection of the premises at any time it is open for business.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.180 - Owner and , operator and/or managing employee responsibility—Denial,
revocation, restriction or suspension of business license.
The following provisions shall apply to all holders of a permit issued pursuant to this
Article , all nonexempt massage businesses or establishments, and all massage
businesses or establishments described in paragraph (1) of subdivision (b) of Section
4612 of the California Business and Professions Code: ::
(a) For the purpose of enforcement of the requirements of this Article, all owners
and , operators , and managing employees of the business or establishment
shall be responsible for the conduct of all of its employees, agents, independent
contractors or other representatives, while on the premises of the business or
establishment or providing massage therapy.
(b) Notwithstanding any provision of Article 4-05 of this Code, the City may:
(1) Require a business or an establishment regulated by this Article, in its
application for a business license, or for the renewal of a business license,
to provide information relevant to the administration of this Article;
(2) Make reasonable investigations into the information so provided;
(3) Charge a business licensing fee sufficient to cover the costs of the business
licensing activities regulated by this Article; and
Page 24
(4) Deny, revoke, restrict or suspend a business license for either of the
following causes: (a) an employee, agent, independent contractor or other
representative of the business or establishment has committed a violation
of this Article, or of Chapter 10.5 (commencing with Section 4600) of
Division 2 of the California Business or Professions Code; or (b) the
business or establishment has provided materially false information in its
application for a business license.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.190 - Remedies cumulative—Each day a separate offense.
Any person subject to this Article who personally, or through an agent, employee,
independent contractor or other representative, violates any provision of this Article
shall be guilty of a separate offense for each and every day during any portion of which
any such violation is committed, continued or permitted by such person. All remedies
provided herein shall be cumulative and not exclusive.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.200 - Public nuisance.
Any use or condition caused or permitted to exist in violation of any of the provisions
of this Article shall be and is hereby declared a public nuisance and, as such, may be
abated or enjoined from further operation pursuant to Chapter 3 of this Code.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.210 - Criminal penalties.
Any person subject to this Article who personally, or through an agent, employee,
independent contractor or other representative, violates any provision of this Article
commits a misdemeanor. Any person convicted of a misdemeanor shall be subject to
punishment by fine and/or imprisonment to the maximum extent permitted by state law.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.220 - Civil injunction.
The violation of any provision of this Article shall be and is hereby declared to be
contrary to the public interest and shall, at the discretion of the City, create a cause for
injunctive relief.
Any massage establishment operated, or maintained contrary to the provisions of
this chapter shall be, and the same is hereby declared to be, unlawful and a public
nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal
action hereunder, commence an action or actions, proceeding or proceedings, for the
abatement, removal and enjoinment thereof, in the manner provided by law. Such
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remedies shall be in addition to any other judicial and administrative penalties and
remedies available to the City.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.230 - Administrative fines and costs.
In addition to the remedies set forth above, any person subject to this Article who
personally, or through an agent, employee, independent contractor or other
representative, violates any provision of this Article may be subject to administrative
fines and costs, pursuant to Chapter 3 of this Code.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
711446.4