HomeMy WebLinkAbout2015-05-12 - ORDINANCES - CHAPTER 5.08 MASSAGE (2)ORDINANCE NO. 15-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, AMENDING CHAPTER 5.08 (MASSAGE) OF THE
SANTA CLARITA MUNICIPAL CODE
WHEREAS, there is substantial research that indicates that the skillful practice of
massage can provide many health benefits, including relief of pain from disease, injury, and
other sources, and that massage can be a valuable component of a wellness program; and
WHEREAS, in 2008, the California Legislature passed Senate Bill 731 which added
Chapter 10.5 to the California Business and Professions Code, which provided for the formation
of a nonprofit Massage Therapy Organization to oversee a state -sanctioned program of voluntary
certification for massage practitioners so that such persons could avoid being required to obtain
local massage permits; and
WHEREAS, in September 2014, the State Legislature adopted Assembly Bill 1147,
amending laws enacted by Senate Bill 731 and various amendments thereto, making changes to
the regulatory power of cities for massage establishments or businesses; and
WHEREAS, the City desires to amend sections of the Santa Clarita Municipal Code to
conform to State Law; and
' WHEREAS, the City may adopt and enforce local business licensing and reasonable
health and safety requirements, including hours of operation for massage establishments or
businesses.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Amendment of Chapter 5.08. Chapter 5.08 of the Santa Clarita Municipal
Code entitled "Massage" is hereby amended to read in its entirety as shown in Exhibit A, which
is attached hereto and incorporated herein by this reference.
SECTION 2. If any section, subsection, sentence, clause, phrase, part, or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council declares that it would have adopted this Ordinance and each
section, subsection, sentence, clause, phrase, part, or portion thereof, irrespective of the fact that
any one or more section, subsections, sentences, clauses, phrases, parts, or portions be declared
invalid or unconstitutional.
SECTION 3. This Ordinance shall become effective thirty (30) days after its passage
and adoption.
PASSED, APPROVED, AND ADOPTED this 12`h day of May, 2015.
/ 1
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A�
MAYOR � �
ATTEST:
DATE:
J -v&b' C --I,
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Ordinance 15-02 was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 28th day of April 2015. That thereafter, said Ordinance was
duly passed and adopted at a regular meeting of the City Council on the 12a' day of May 2015,
by the following vote, to wit:
AYES: COUNCILMEMBERS: Boydston, Weste, Acosta, Kellar, McLean
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
AND I FURTHER CERTIFY that the foregoing is the original of 9rdinange No. 15-02
and was published in The Signal newspaper in accordance with State La1W(G. . 40806).
EDIT A
OF ORDINANCE NO. 15-02
Chapter 5.08
MASSAGE
Sections:
5.08.005 Compliance Date for Current Licensees.
Part 1. Massage Businesses and Establishments
5.08.010 Definitions.
5.08.020 License—Required.
5.08.025 License—Limitations.
5.08.030 Employee Reporting Requirement.
5.08.040 Exceptions to Chapter Applicability.
5.08.050 License—Hearing on Application.
5.08.060 Employment of Unlicensed Massage Practitioners and Therapists Prohibited.
5.08.070 Facilities Prerequisite to License Issuance.
5.08.080 Locked Doors.
5.08.085 Hours of Operation.
5.08.090 Signs.
5.08.100 Building Code Requirements.
5.08.110 Cleanliness.
5.08.120 Massage Tables.
5.08.130 Dressing and Toilet Facilities.
5.08.140 Operation Requirements Generally.
5.08.150 Licensed Responsible Person—Required.
5.08.160 Register of Employees.
5.08.162 Service List and Prices.
5.08.168 Records of Treatments.
5.08.170 Recording of Activities Prohibited.
5.08.172 Improper Solicitation or Performance of Services.
5.08.174 Access.
5.08.180 Maintenance of Premises and Equipment.
5.08.190 Licensee Responsibility.
5.08.192 Inspections.
Part 2. Massage Practitioners and Therapists
5.08.200 License and CMTC Certificate—Required. '
5.08.240 Clothing and Hygiene.
5.08.250 CMTC Identification—Required.
5.08.005 Compliance Date for Current. Licensees.
A. Each person holding a valid massage parlor license issued under the former provisions of
Chapter 7.54 of Title 7 of the Los Angeles County Code as of the effective date of the ordinance
codified in this chapter will have until one (1) year from the effective date of the ordinance
codified in this chapter to comply with the requirements of Section 5.08.060 as provided in this
chapter.
B. Each person holding a valid massage technician license under the former provisions of
Chapter 7.54 of Title 7 of the Los Angeles County Code as of the effective date of the ordinance
codified in this chapter will have until one (1) year from the effective date of the ordinance
codified in this chapter to comply with the requirements of Section 5.08.200 as provided in this
chapter. (Ord. 11-3 § 3, 2/8/11) '
Part 1. Massage Businesses and Establishments
5.08.010 Definitions.
For the purposes of this chapter, the following words and phrases will have the meaning set forth
in this section:
"CMTC" means the "California Massage Therapy Council' created under the Massage Therapy
Law. The CMTC is referred to as the "Massage Therapy Organization" ("MTO") in the Massage
Therapy Law.
"CMTC certificate" means a current and valid certificate issued by the CMTC to a massage
practitioner or a massage therapist.
"Employee" includes independent contractors.
"Massage" or "massage therapy" means the application of various techniques to the muscular
structure and soft tissues of the human body, including, but not limited to, any method of '
pressure or friction against, stroking, kneading, rubbing, tapping, compressing, pounding,
vibrating, rocking or stimulating of external surfaces of the body with hands or the aid of any
apparatus or other appliances or devices, with or without supplementary aids such as rubbing
alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations
' for any consideration or compensation.
"Massage business or establishment" means a business or establishment, including a sole
proprietor or independent contractor, that offers massage therapy within the City, whether at a
fixed place of business or at a location designated by the patron, and also includes all businesses
or establishments where massage therapy is provided as an ancillary service such as day spas and
professional offices where such massage therapy is not otherwise exempt under this chapter.
"Massage business or establishment" also means a "massage parlor" as such term is defined in
Title 7 of the Los Angeles County Code.
"Massage practitioner" means any person who has been certified as a massage practitioner and
maintains a current and valid CMTC certificate under the Massage Therapy Law.
"Massage therapist" means any person who has been certified as a massage therapist and
maintains a current and valid CMTC certificate under the Massage Therapy Law.
"Massage Therapy Law" means Chapter 10.5 of Division 2 of the California Business and
' Professions Code (beginning at Section 4600).
"Outcall massage therapy" means the performance of massage therapy at a location designated
by the patron and not at a fixed location massage business or establishment.
"Registered school" means an institution that provides massage therapy education and training as
such term is defined in Section 4600 of the Massage Therapy Law.
"Specified criminal offense" means:
1. Within five (5) years of the date of the filing of the application has pleaded
guilty or nolo contendere to, or been convicted in a court of competent jurisdiction
of, a misdemeanor or felony crime involving sexual misconduct, including but not
limited to (a) Chapter 1 of Title 9 of the Penal Code (Sections 261 through 269
relating to sexual crimes; (b) Chapter 8 of Title 9 of the Penal Code (Sections 314
through 318.61 relating to indecent exposure, obscenity and disorderly
establishments; or (c) Penal Code Section 647(a) or (b) relating to prostitution; or
' 2. Any similar offenses under the Criminal or Penal Code of this State or any
other states or counties; or
3. Having permitted, through an act of omission or commission, an employee or
agent to engage in any type of moral turpitude or sexual misconduct offense listed '
in subsection (1) or (2) of this definition (the conduct of the employee or agent, if
such resulted in a conviction or a plea of nolo contendere or guilty, will be
considered imputed to the principal).
"Title 7" means Title 7 of the Los Angeles County Code as amended, which has been adopted by
reference as the City's business licensing title, except as amended by this chapter. (Ord. 11-3 § 2,
2/8/11)
5.08.020 License—Required.
......... ............................ _... _........
No person may engage in, conduct or carry on, or permit to be engaged in, conducted or carried
on, in any location within the City, a massage business or establishment unless a business license
is first obtained and maintained in accordance with the applicable provisions of this chapter and
Title 7 of the Los Angeles County Code. (Ord. 11-3 § 2, 2/8/11)
5.08.025 License—Limitations.
No massage practitioner or therapist holding a license under Section 5.08.020, or employed by a '
person holding such a license, may perform any massage therapy in any location other than at the
massage business or establishment specified on the license application, except for the
performance of any outcall massage therapy.
5.08.030 Employee Reporting Requirement.
The holder of a massage business or establishment license required by Section 5.08.020 must
notify the County Treasurer and Tax Collector, in writing, of the name and address of each
person employed as a massage practitioner or massage therapist within five (5) business days of
that person being employed. (Ord. 11-3 § 2, 2/8/11)
5.08.040 Exceptions to Chapter Applicabilitx_ _ _ _
This chapter does not apply to:
A. Any treatment administered in good faith in the course of the practice of any healing art
personally by any person licensed to practice any such art or profession under the provisions of
the Business and Professions Code of the State of California or any other statute of this State. '
B. Any physician, surgeon, chiropractor, osteopath, naturopath, podiatrist, acupuncturist,
physical therapist, registered nurse or vocational nurse duly licensed to practice their respective
profession in the State.
' C. Barbers, cosmetologists, estheticians, and manicurists licensed to practice their respective
profession under the laws of the State while performing activities within the scope of their
license; provided, that such massage is limited solely to the neck, face, scalp, feet, hands, arms,
and lower limbs up to the knees, of their patrons.
D. State -licensed hospitals, nursing homes, and other State -licensed physical or mental health
facilities and their employees.
E. Persons who provide massage therapy to athletes or athletic teams, facilities or events, so
long as such persons do not practice massage therapy as their primary occupation within the
City.
F. Registered schools and their employees that provide massage therapy education or training
and their students in training; provided, that such students perform massage therapy only under
the direct personal supervision of an instructor.
' G. Any location licensed as a health club, provided only one (1) massage table is used at such
location and provided such use is incidental to the operation of the health club. (Ord. 11-3 § 2,
2/8/11)
5.08.050 License—He
Except as provided in Section 7.06.260 of Title 7 of the Los Angeles County Code, the Business
License Commission will hold a public hearing on every application for a license required by
this part, and must give notice of such hearing as required by Sections 7.10.100, 7.10.110,
7.10.120 and 7.10.130 of Title 7 of the Los Angeles County Code. (Ord. 11-3 § 2, 2/8/11)
5.08.060 Employment of Unlicensed Massage Practitioners and Therapists Prohibited__
A licensee or person required by this part to obtain a license may not hire or employ a massage
practitioner or massage therapist unless such person possesses a CMTC certificate and a valid
license required by Part 2 of this chapter. (Ord. 11-3 § 2, 2/8/11)
5.08.070 Facilities Prerequisite to License Issuance. _ ... _....... ....... _................. _...... _.................... _...... _.... _.__._._.......
A license will not be issued pursuant to this part unless an inspection reveals that the business or
establishment complies with each of the following minimum requirements of this part. (Ord. 11-
3 § 2, 2/8/11)
5.08.080 Locked Doors.
No massage therapy may be provided in a massage business or establishment within any cubicle, '
room, booth, or other area which is fitted with a door capable of being locked. The premises'
exterior doors and the doors separating the waiting or reception area from the remainder of the
premises must remain unlocked during business hours (including electric locking devices),
unless there is no staff available to assure the security of patrons and massage practitioners or
therapists who are behind closed doors. (Ord. 11-3 § 2, 2/8/11)
5.08.085 Hours of
Massage therapy business hours shall be limited to seven -o'clock a.m. to ten -o'clock p.m.
5.08.090 Signs . .......... .............. ................................ __..........
A recognizable and readable sign must be posted at the main entrance identifying the location as
a massage business or establishment. Such sign must comply with all requirements of this code.
(Ord. 11-3 § 2, 2/8/11)
5.08.100 Building Code Requirements.
_ ......................_.._..... _....................... .
..... _............................................................................ _.............. ............................................... ...... _..... __.............. _
A. Minimum lighting must be provided in accordance with the Building Code, and, in addition, I at least one (1) artificial light of not less than forty (40) watts must be provided in each enclosed
room or booth where massage therapy is performed on a patron.
B. Minimum ventilation must be provided in accordance with the Building Code. (Ord. 11-3
§ 2, 2/8/11)
5.08.110 Cleanliness.
A. Adequate equipment for disinfecting and sterilizing instruments used in performing any
massage must be provided.
B. Hot and cold running water must be provided at all times.
C. Separate closed cabinets must be provided for the storage of clean and soiled linen, and
must be plainly marked: "Clean Linen," "Soiled Linen."
D. Clean and sanitary towels, sheets and linens must be provided in sufficient quantity.
Towels, sheets and linens must not be used by more than one (1) person. Reuse of such linen is '
prohibited unless such linen has first been laundered. Heavy white paper may be substituted for
sheets; provided, that such paper is used once for each person and then discarded into a sanitary
receptacle. (Ord. 11-3 § 2, 2/8/11)
I5.08.120 Massage Tables.
Standard or portable massage tables must be used with a durable, washable plastic or other
waterproof material as a covering. The massage tables must be positioned so that there is at least
three (3) feet from the nearest wall to each side to allow access to the table on all sides. Foam
pads more than four (4) inches thick or more than four (4) feet wide may not be used. Beds,
mattresses and water beds may not be used in the administration of a massage. (Ord. 11-3 § 2,
2/8/11)
5.08.130 Dressing and Toilet Facilities.
Adequate dressing, locker and toilet facilities must be provided for patrons. A minimum of one
(1) dressing room containing a separate locker for each patron to be served, which locker must
be capable of being locked, and a minimum of one (1) toilet and one (1) wash basin must be
provided by every massage establishment. (Ord. 11-3 § 2, 2/8/11)
5.08.140 Operation Requirements Generally.
' Every establishment for which this part requires a license must be maintained and operated in
conformity with the following sections. (Ord. 11-3 § 2, 2/8/11)
5.08.150 Licensed Responsible Person—Required_
All businesses or establishments licensed under this part must at all times have a massage
practitioner or therapist licensed under Section 5.08.200 on the premises when open for business
to serve as the responsible person for the business or establishment. This responsible person must
be familiar with the requirements of this chapter and be capable of communicating the provisions
of this chapter to employees and patrons of the business or establishment. (Ord. 11-3 § 2, 2/8/11)
5.08.160 Register of Employees.
Every massage business or establishment must maintain a register of all employees. The register
must contain the names of all employees, their home address, age, birth date, gender, height,
weight, color of hair, eyes, telephone number, social security number, date of employment and
termination, if any, and the duties of each employee. A complete set of all such information must
' be maintained in English and such information must be retained in the register for a period of at
least two (2) years following an employee's termination. Such employee register must be
available for inspection at the massage business or establishment to representatives of the City
during regular business hours. (Ord. 11-3 § 2, 2/8/11)
5.08.162 Service List and Prices.
Each massage therapy service offered, the price of the service and the minimum length of time '
such service will be performed must be posted in a conspicuous public location in each massage
business or establishment. The services must be described in readily understandable terms, all
letters and numbers must be not less than one (1) inch in height, and must be in English and such
other languages as may be convenient to communicate such services. No services may be
performed and no sums may be charged for such services other than those posted. All
arrangements for services to be performed must be made in a room in the massage business or
establishment that is not used for massage therapy unless no other room exists in the business or
establishment. (Ord. 11-3 § 2, 2/8/11)
5.08.168 Records of Treatments.
Each massage business or establishment must keep a record of the date and hour of each
treatment, the name and address of the patron, and the name of the massage practitioner or
therapist administering such treatment. A complete set of such information must be maintained
in English and the records available for inspection by City representatives for the purposes of
law enforcement and for no other purpose. Identical records must be kept for outcail massage ,
therapy services and, in addition, must describe the address where such services were rendered.
All such records must be maintained for a period of at least two (2) years. (Ord. 11-3 § 2, 2/8/11)
5.08170 Recording of Activities Prohibited._
No building or part thereof where massage therapy is being conducted may be equipped with any
electronic, mechanical or artificial device used, or capable of being used, for recording or
videotaping, for monitoring the activities, conversation, or other sounds in the treatment room or
room used by patrons. (Ord. 11-3 § 2, 2/8/11)
5.08.172Improper Solicitation or Performance of Services.
A. Except to the extent required, in writing, by a State -licensed medical practitioner, no
massage therapy may be provided to a patron that results in intentional contact, or occasional and
repetitive contact with the genitals, anus or areola of any patron.
B. No massage practitioner, therapist or other person may, after the commencement of any
service for any patron, advise, suggest or otherwise indicate to such patron that any additional '
service is available or ask or inquire of such patron whether such patron desires any additional
service to be performed at that time, except with respect to services that are publicly posted.
(This regulation does not preclude the discussion with a patron in the lobby or public area of
additional or alternative massage services that are not posted upon completion of the massage.)
C. No massage practitioner or massage therapist may perform any service for any patron that
was not ordered by such patron prior to the commencement of performance of any service
requested.
D. No massage practitioner, therapist, or other person may offer to or perform any act of
prostitution as such term is defined in the California Penal Code. (Ord. 11-3 § 2, 2/8/11)
5.08.174Access.................................._......................._.. — ................._.... _...... _............ _..... _................... _.._—._.......... _
..............................._..._..._.........._...................._.._........................................................_._.......
The following persons may be allowed beyond the front lobby, located directly inside the front
door entrance during hours of operation: (A) massage practitioners and massage therapists; and
(B) patrons, who may be accompanied by no more than one (1) family member or caregiver. Any
other persons found beyond the fust interior door leading to the inside of the premises including,
but not limited to, hallways, massage rooms, reception/business offices or lounge area will be a
violation of this chapter. Nothing contained in this section prohibits any employee from being
' present in hallways, reception/business offices or other areas necessary or relating to such
person's employment duties, nor prohibits any authorized repair, maintenance or service
personnel from being present in areas necessary to the performance of such person's services,
except that no such employee or service personnel may be permitted in any massage room or
cubicle while a patron is present in such room or space. (Ord. 11-3 § 2, 2/8/11)
5.08.180 Maintenance of Premises and Equipment. _.._..............................................__........................_................... .
A. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical
facilities for the establishment must be in good repair and maintained in a clean and sanitary
condition.
B. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower
compartments and toilet rooms must be thoroughly cleaned each day the business is in operation.
Bathtubs must be thoroughly cleaned after each use.
C. Clean and sanitary towels and linens must be provided for each patron of the establishment
' or each patron receiving massage services. No common use of towels or linens is permitted.
D. All bathrobes, bathing suits or other garments provided for the use of patrons must be either
disposed of after any use or properly laundered. (Ord. 11-3 § 2, 2/8/11)
5.08190 Licensee Re...
F. bilit}.__........_.......__.................__..__........---..___.__._..........._.........._.__..........._......_._.............__...._ _
The licensee under this part is responsible for the conduct of all employees, agents, independent
contractors or other representatives, while on the premises of the massage business or
establishment and while providing any massage therapy on behalf of such business or
establishment. (Ord. 11-3 § 2, 2/8/11)
5.08.192 Inspections ___
Representatives of the City's Building Department, Code Enforcement Department, Community
Development Department, Fire Department, and Police Department may, from time to time,
make an inspection of each fixed location massage business or establishment in the City during
regular business hours for the purpose of determining that all applicable laws are met. (Ord. 11-3
§ 2, 2/8/11)
Part 2. Massage Practitioners and Therapists
5.08.200 License and CMTC Certificate—Required.__..................................... _... _...... --... --........... __.......... -............................
No person may engage in, conduct, carry on, or perform massage therapy within the City unless '
such person has a CMTC certificate and has fust obtained and maintains a license, or is
employed by a person who has obtained and maintains a license, in accordance with the
applicable provisions of this chapter and Title 7 of the Los Angeles County Code. (Ord. 11-3 § 2,
2/8/11)
5.08.240_ Clothing jjU � ne......... _...... _............... _._.__..........
Massage practitioners and therapists must at all times, while on the premises of the business or
establishment, be clean, and wear nontransparent outer garments covering the body from knee to
neck. (Ord. 11-3 § 2, 2/8/11)
5.08.250 CMTC Identification—Required.
All massage practitioners and therapists must have on his or her person or maintain on the
premises their CMTC identification card. Such identification card must be provided to City
officials or representatives upon demand. (Ord. 11-3 § 2, 2/8/11)
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