HomeMy WebLinkAboutOrdinance 409 Repealing and Replacing Article 4-55 Relating to Massage ORDINANCE NO. 409
AN ORDINANCE REPEALING AND REPLACING ARTICLE 4-55 OF THE
SARATOGA CITY CODE CONCERNING MASSAGE ESTABLISHMENTS AND
MASSAGE PRACTITIONERS
The City Council of the City of Saratoga finds that:
1. Over the past year, inspections have uncovered violations in some establishments that
suggest illegal activities may be taking place. Staff collaborated with regional Code
Enforcement, the Sheriff's Human Trafficking Task Force, and the California Massage
Therapy Council (CAMTC)to better understand Illicit Massage Businesses (IMBs) and
enhance enforcement without overburdening legitimate businesses.
2. The most effective way to deter and remove illicit massage businesses is to have strong
ordinance and proactive enforcement, and City Staff has proposed amendments and
modernization of the City Code to further deter illicit massage businesses and to help
remove them as they are identified.
3. The City Council of the City of Saratoga held a duly noticed public hearing on March 19,
2025,and after considering all testimony and written materials provided in connection with
that hearing, introduced this ordinance and waived the reading thereof.
4. The City Council adopted this Ordinance at a duly noticed regular meeting on April 2,
2025.
Therefore, the City Council of the City of Saratoga hereby ordains as follows:
Section 1. Adoption.
The Saratoga Municipal Code is amended to repeal Article 4-55 in its entirety and replace it with
the text set forth in Attachment 1.
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.
Ordinance 409
Page 2
Section 3. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City
of Saratoga within fifteen days after the ordinance's adoption.
Following a duly noticed public hearing the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on March 19, 2025, and was adopted by
the following vote on April 2, 2025.
AYES: COUNCIL MEMBERS FITZSIMMONS, WALIA, ZHAO; VICE MAYOR
PAGE; MAYOR AFTAB
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Belal Y. AftA, Mayo
ATTEST:
Britt Avrit,MMC, City Clerk
APPROVED AS TO FORM:
DATE:
Richard Taylor
CITY ATTORNEY
Ordinance 409
Page 3
ATTACHMENT 1
Article 4-55 - MASSAGE ESTABLISHMENTS AND MASSAGE PRACTITIONERS
4-55.010 -Purpose.
(a) In enacting these regulations the City Council recognizes that massage therapy is a
professional pursuit which can offer the public valuable health and therapeutic services, but
that unless properly regulated, the practice of massage therapy and the operation of massage
businesses may be associated with unlawful activity and pose a threat to the quality of life in
the local community.
(b) It is the purpose and intent of this Article to provide for the orderly regulation of offices and
businesses providing massage therapy services, and to prevent and discourage the misuse of
massage therapy as a front for human trafficking, prostitution, and related activities in
violation of state law, all in the interests of the public health, safety, and welfare, by
providing certain minimum building, sanitation, and operation standards for such businesses,
and by requiring certain minimum qualifications for the operators and practitioners of such
businesses.
(c) It is further the intent of this Article to enact regulations to streamline local massage therapy
permitting procedures by relying on Business and Professions Code Sections 4600 et seq.,
known as the Massage Therapy Act, and by restricting the commercial practice of massage in
the City to those persons duly certified to practice by the California Massage Therapy
Council formed pursuant to State law.
(d) 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.
4-55.020 - Definitions.
For the purposes of this Article, the terms below are defined as follows:
(a) California Massage Therapy Council or CAMTC means the massage therapy
organization formed pursuant to Business and Professions Code Section 4602.
(b) CAMTC certified massage professional means any individual currently certified by the
California Massage Therapy Council as a massage therapist or massage practitioner pursuant
to Business and Professions Code Section 4600 et seq.
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(c) City Manager means the City Manager of Saratoga or his/her designee.
(d) Compensation means the payment, loan, advance, donation, contribution, deposit,
exchange, or gift of money or anything of value. In addition to accepting other forms of
compensation, a person may be deemed to have received compensation for performing a
massage when the massage is offered as part of a membership, as part of a package of
services or as incidental to the purchase of a product.
(e) Employee means any person hired by a massage establishment who renders any service in
exchange for any form of compensation, including independent contractors.
(f) Massage or massage therapy mean the skillful application of touch, including but not
limited to, pressure, stroking, kneading, compression on or movement of the external
surfaces of the body by a practitioner to produce increased awareness, relaxation, pain relief,
injury rehabilitation, or neuromuscular reeducation.
(g) Massage establishment means any business that offers massage therapy, baths or health
treatments including, but not limited to, aromatherapy, vapor, shower, electric tub, sponge,
hot towels, mineral fermentation, sauna, steam or any other type of bath, involving massages
or baths in exchange for compensation. Home-based massage businesses and businesses that
provide outcall massage services are also considered to be massage establishments. For
purposes of this Article, the term "massage establishment" may be applied to include
establishments which offer or advertise themselves as providing "relaxation" or "tanning"
where the essential nature of the interaction between the employee and the customer
involves "massage" as defined herein. The terms, names or phrases listed on business license
or fictitious name application forms are not necessarily conclusive as to the nature of the
business.
(h) Massage therapy certificate means a certificate issued by CAMTC pursuant to Business
and Professions Code Section 4600 et seq.
(i) Owner means any person that owns a massage establishment., including the following
persons:
(1) A sole proprietor.
(2) Any general partner of a general or limited partnership.
(3) Any person who has a ten percent or greater ownership interest in a corporation.
(4) Any person who is a member of a limited liability company.
(5) Any person who has an interest in any other type of business entity, association or joint
venture.
Ordinance 409
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0) Operator means any person who is an owner or manager of a massage establishment.
(k) Outcall massage service means the engaging in or carrying on of massage therapy for
compensation at locations other than a massage establishment at a fixed location.
(1) Patron means an individual on the premises of a massage establishment for the purpose of
receiving massage therapy.
(m) Permit means a written document authorizing the holder to engage in the business written
on such document.
(n) Person means any individual.
(o) Reception and waiting area means an area immediately inside the main entry door of the
massage establishment dedicated to the reception and waiting of patrons or visitors of the
massage establishment and which is not a massage therapy room or otherwise used for the
provision of massage therapy services.
(p) Sole provider means a massage business where the owner owns one hundred percent of
the business, is the only person who provides massage services for compensation for that
business pursuant to a valid and current certificate issued by CAMTC and has no other
employees or independent contractors.
(q) Visitor means any individual not retained or employed by the massage establishment and
not receiving or waiting to receive massage therapy services, but excluding law enforcement
personnel or governmental officials acting in their official capacity.
4-55.030 - Exemptions.
The provisions of this Article shall not apply to the following establishments or classes of
individuals who perform massage while employed in their professional capacities:
(a) Physicians, surgeons, chiropractors, osteopaths, nurses, physical therapists, or
acupuncturists, who are duly licensed to practice their respective professions in the State of
California and persons working directly under the supervision of such licensed persons.
"Working directly under the supervision" means that the person is an employee of the
licensed person, is working at the same location as the licensed person, has his or her work
supervised by the licensed person, or that the licensed person is present when the employee
is performing massage. This exemption shall not apply if the business performs massage on
persons for whom the licensed person does not provide professional services.
Ordinance 409
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(b) Barbers, beauticians, cosmetologists, and other persons licensed to practice any healing art
under the provisions of Division 2 (commencing with Section 500) of the California
Business and Professions Code while engaging in practices within the scope of their
licenses, and who perform massage only on the neck, face and/or scalp of the customers.
(c) Personal fitness training centers, gymnasiums, athletic facilities or health clubs, when the
giving of massage for compensation is not a principal function of such businesses.
(d) Hospitals, nursing homes, sanitariums, or any other healthcare facilities duly licensed by the
State of California.
(e) Accredited high schools and colleges whose coaches and trainers are acting within the scope
of their employment.
(f) Trainers of amateur, semi-professional or professional athletes or athletic teams, while
engaging in their training responsibilities for and with athletes; and trainers working in
conjunction with a specific athletic event such as an outdoor road or bike race.
(g) Sole providers, including sole providers operating an off-premise massage service, who
have a valid certificate issued by the CAMTC pursuant to the Act, either as a certified
massage practitioner or a certified massage therapist, and who are practicing consistent with
the qualifications established by such certificate. To qualify for this exemption, a sole
provider shall file a copy of his or her current, valid massage practitioner or massage
therapist certification and identification card issued by the CAMTC with the City Manager
and comply with each of the following:
(1) The requirement to obtain a business license from the City of Saratoga pursuant to
Article 5-05 of this Code;
(2) City Code Sections 4-55.140 through 4-55.170.
(3) All applicable local health and safety, building, zoning and other requirements.
4-55.040 - CAMTC Certification and Permit Required.
(a) Massage establishment permit. It shall be unlawful for any person, association,
partnership, corporation or any other entity to engage in, conduct or carry on, or permit to
be engaged in, conducted or carried on, in or upon any premises within the City, the
operation of a massage establishment unless all massage technicians providing massage,
whether as employees or independent contractors, maintain a valid certificate from
CAMTC as a certified massage practitioner or certified massage therapist, and said
massage establishment has obtained a permit issued by the City pursuant to the provisions
set forth in this Article.
Ordinance 409
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(b) CAMTC Certification. It shall be unlawful for any individual to practice massage therapy
for compensation whether as a sole provider, as an employee or independent contractor of a
massage establishment, or in any other capacity within the City unless that individual
obtains and maintains a valid certificate from CAMTC as a certified massage practitioner
or certified massage therapist.
(c) Change in status. The holder of any permit required by this Section shall notify the City
Manager within five days of any change in name, address, or other contact information
listed in the permit.
4-55.050 - Applications for massage establishment permit
(a) Submittal of application. Any owner or manager of a massage establishment desiring to
obtain a permit shall file a written application to the City Manager on a form provided by
the City. A 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 required forms and
applications.
(b) Required information. The application form must contain the following information for
every owner and manager("applicant") of the massage establishment:
(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 residence addresses for five years preceding the date of application,
including the dates of residence at each address;
(3) The date of birth of the applicant;
(4) The applicant's height, weight, 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 employment history for five (5) years preceding the date of
application, including their names, street addresses, cities and phone numbers, and the
position held by the applicant;
Ordinance 409
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(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,
revoked, or denied for cause 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 general or limited partner, the application shall set forth the names
and street addresses of each general and limited partner in the partnership. If the
applicant is a limited partner, the applicant 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 an owner of 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;
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(13) A statement as to whether the applicant has previously applied to the City for a permit
pursuant to this Article, the date of the application and every name(s) under which the
application was made;
(14) The proposed name and street address of the massage establishment, together with the
name and street address of any other massage business currently or previously
operated or managed by the applicant, within the ten years preceding the date of the
application;
(15) A statement under penalty of perjury stating whether the applicant intends to
personally provide massage services at the business;
(16) Proof of massage malpractice insurance in the sum of no less than one million dollars;
(17) A description of any other business to be operated on the same premises, or on
adjoining premises, owned or controlled by applicant;
(18) 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;
(19) 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;
(20) In the case of a massage establishment application, a copy of each employee's
massage practitioner's CAMTC certification and CAMTC identification card;
(21) The name and street address of the property owner or lease holder of the proposed
premises of the massage establishment for which the 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;
(22) 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;
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(1) A California Driver's license or other valid form of picture identification that the
applicant is at least eighteen years of age;
(2) 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;
(3) Documentation to prove that the applicant has a lawful right to work in the United
States.
(d) Payment of massage establishment permit fees. At the time of submitting an application
for a permit, the applicant shall pay all permit fees as set forth et forth in the City fee
schedule. All fees shall be nonrefundable. A copy of the receipt(s) shall accompany the
application.
4-55.060 - 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. 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 shall verify the information submitted by the
applicant and shall further investigate the qualifications of the applicant as follows:
(1) Fingerprints/review of criminal history. For applicants who are not CAMTC
certified massage practitioners, the City Manager shall 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.
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4-55.070 - 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 within ninety 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 0) 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 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. 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.
Ordinance 409
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(e) 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.
(f) Notice. The City Manager shall give the applicant for renewal written notice of his/her
decision within sixty 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.
(g) Failure to file timely notice. If the holder of the permit does not file a completed renewal
application at least sixty 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.
(h) 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 the applicant failed to submit required materials
requested by the City Manager within thirty days of the City Manager's request, or the
applicant failed to submit required supplementary materials requested by the City
Manager within thirty days of the date of the City Manager's request.
(2) The establishment as proposed would not comply with this Article.
(3) The applicant has previously had a massage establishment permit or any similar
license, certificate or permit denied for cause or revoked by the City or any other
public agency.
(4) The applicant has had any massage therapist or massage practitioner permit, license, or
certification denied, revoked or suspended by the CAMTC.
(5) 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.
(6) The applicant, or former employer of the applicant while the applicant was so
employed, has been successfully prosecuted under the Red Light Abatement Act
(California Penal Code Sections 11225 through 11235) or any similar laws in another
jurisdiction.
(7) The applicant has been convicted of:
Ordinance 409
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(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.
(8) 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.
(9) 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, or hand delivered to the
managing employee on the massage establishment premises; and shall advise the applicant of
his/her right to appeal the decision.
(1) 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 to deny the permit is
contested, within ten 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-day period, no further notice is required and the
application will remain denied.
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(2) The appeal shall be heard and decided by a Hearing Officer appointed pursuant to
City Code Section 3-15.070 and conducted pursuant to the rules of procedure
established in accordance with Section 3-15.070. The Hearing Officer shall have no
authority to waive requirements of this Article.
(3) As soon as practicable after receiving the written appeal, the Hearing Officer shall fix
a date, time and place for the hearing of the appeal. Such date shall not be less than
five working days nor more than thirty working days from the date the appeal was
filed with the City Clerk. Written notice of the time and place of the hearing shall be
given by certified mail at least five working days prior to the date of the hearing to
the appellant by the 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 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 working days of the hearing,the 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 Hearing Officer shall be served on the appellant by
certified mail, return receipt requested. The decision of the Hearing Officer shall be
final.
4-55.080 - 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.
4-55.090 - Business license and permit 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.
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Page 15
(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 operator of such
establishment holds both a current business license and Massage Establishment permit issued
pursuant to this Article.
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 establishment to provide massage therapy, within five
calendar days of the commencement of such person's period of employment;
(2) Maintain on its premises a copy or other evidence of each massage establishment
permit, and a valid and current massage therapy certificate issued by CAMTC, for
each employee for review by the City of Saratoga;
(3) Maintain on its premises a complete and current roster of all operators of the massage
establishment and all CAMTC certified massage professionals and other persons
employed or retained by the massage establishment. The roster shall include the
name, residence address, and phone number of each individual. The roster shall be
available for inspection by the City;
(4) Notify the City of any new employees or departed employees.
(b) Every CAMTC certified massage practitioner or massage therapist 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 upon the request of a member of
the public, the City, the CAMTC, 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.
Ordinance 409
Page 16
4-55.110 -Hours and standards of operation.
(a) 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 establishment, shall
provide massage therapy to the public for compensation between the hours of 10:00 P.M. and
7:00 A.M. of the following day.
(b) The hours of operation of the massage establishment shall be displayed in a conspicuous
public place in the reception and waiting area and in any front window clearly visible from
outside of the massage establishment.
(c) No massage establishment located in a building or structure with exterior windows fronting a
public street, highway, walkway, or parking area shall block visibility into the interior
reception and waiting area through the use of curtains, closed blinds, tints, or any other
material that obstructs, blurs, or unreasonably darkens the view into the premises.
(d) A list of services available and the cost of such services shall be posted in an open and
conspicuous public place on the premises. The services shall be described in English and
may also be described in such other languages as may be convenient. No 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.
(e) There shall be at least one on-duty CAMTC certified massage practitioner on the premises at
all times when the massage establishment is open. If no state certified professional is
available, the massage establishment shall lock the front door and prohibit the entry of any
patrons or visitors.
(f) Patrons and visitors shall be permitted in the massage establishment only during the hours of
operation.
(1) During the hours of operation, patrons shall be permitted in massage therapy rooms
only if at least one duly authorized CAMTC certified massage professional is present
on the premises of the massage establishment. Patrons shall not be permitted in any
employee break room on the premises.
(2) During the hours of operation,visitors shall not be permitted in massage therapy rooms
break rooms, dressing rooms, showers, or any other room or part of the massage
establishment premises other than the reception and waiting area or toilet rooms except
as follows:
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(i) The parents or guardian of a patron who is a minor child may be present in the
massage therapy room with that minor child;
(ii) The minor child of a patron may be present in the massage therapy room with the
patron when necessary for the supervision of the child; or
(iii) The conservator, aid, or other caretaker of a patron who is elderly or disabled may
be present in the massage therapy room with that elderly or disabled person.
(3) Except for a patron who is inside a massage therapy room for the purpose of receiving
a massage, no patrons 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.
4-55.120 - Prohibited advertising practices.
(a) It is a violation of this Article for any person who does not possess a current, valid CAMTC
massage practitioner or massage therapist certificate, and for any massage 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 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.
4-55.130 - Minors.
It shall be unlawful for any holder of a permit issued pursuant to this Article, nonexempt
massage establishment, and for any massage establishment to:
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(a) Employ or retain any person who is under the age of eighteen years to provide any massage
therapy to the public for compensation; or
(b) Provide massage therapy to any person who is under the age of eighteen years, except at the
special instance and request of a parent or other person in lawful custody of the minor.
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
establishments, and to all massage establishments:
(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 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. Massage tables shall have a minimum height of eighteen inches. Beds, floor
mattresses and waterbeds are not permitted on the premises of the 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 massage establishment shall comply with all applicable state and local building and fire
codes as adopted in Chapter 16 of the City Code.
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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 establishments, and
to all massage establishments:
(a) The 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 degrees Fahrenheit for not less than fifteen 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.
(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;
(6) Any needle-like instrument which is used for the purpose of extracting skin
blemishes and other similar procedures.
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(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 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, anus, and female patron's breasts must be fully draped at all times while
any employee of the 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 the female breasts of a patron.
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 who hold a valid and current massage therapy certificate
issued by CAMTC:
(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 Penal Code Section 314. 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 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 twenty-four
hours after resolution of the fever;
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(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.
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 establishments, and all massage
establishments, shall permit representatives of the County Health Department, the City, Fire
Department, and/or other 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 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 establishment if such entry is refused, or for any other reason allowed by law.
(c) It is a violation of this Article for the establishment to prohibit or interfere with such lawful
inspection of the premises at any time it is open for business.
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4-55.180 - Operator 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:
(a) For the purpose of enforcing the requirements of this Article, all operators of the massage
establishment shall be jointly and severally responsible for the conduct of all massage
establishment employees, agents, independent contractors, or other representatives while
such persons are on the premises of the massage establishment or providing outcall massage
services on behalf of the massage establishment.
(b)Notwithstanding any provision of this Article, the City may:
(1) Require an establishment regulated by this Article, in its application for a massage
establishment permit to provide information relevant to the administration of this
Article;
(2) Make reasonable investigations into the information provided;
(3) Charge a business licensing fee sufficient to cover the costs of the permitting
activities regulated by this Article; and
(4) Deny, revoke, restrict or suspend a massage establishment permit for either of the
following causes:
(i) an employee, agent, independent contractor or other representative of the
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
(ii)the establishment has provided materially false information in its application for a
business license.
Upon issuance of a notice by the City Manager to revoke a massage permit, the massage
establishment shall immediately cease operation, and, if so ordered by the City Manager, or
the hearing officer on appeal, no other massage establishment shall be permitted to operate at
that location by any person for a period of not less than five years ("the moratorium period").
If the operator is not also the legal owner of the real property on which the massage
establishment is situated, notice of such revocation and the five-year prohibition shall be
provided to the owner of record of the property as shown on the latest county assessment roll.
The City Manager shall not process or grant an application for a new massage establishment
permit at the same premises where a massage establishment permit was revoked unless and
until such notice of revocation or suspension is dismissed; or a final determination is made
pursuant to that section that the current operator's massage establishment permit is not or
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should not be revoked; or any moratorium period imposed pursuant to this Section has
expired.
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.
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.
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.
4-55.220 - Civil injunction.
Any massage establishment operated, or maintained contrary to the provisions of this Article
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 remedies shall be in addition to any other judicial and
administrative penalties and remedies available to the City.
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.
1890930.1