HomeMy WebLinkAbout820 - OrdinancesORDINANCE NO. 820
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA REVISING REGULATIONS
APPLICABLE TO MASSAGE SERVICES, AND AMENDING
TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE
The City Council ordains as follows:
Section 1. Chapter 9.24 of Title 9 of the Rancho Cucamonga Municipal Code is hereby
repealed provided, however, that such repeal shall not affect or excuse any violation of said
Chapter occurring prior to the effective date of this Ordinance.
Section 2. Anew Chapter 9.24 is hereby added to Title 9 of the Rancho Cucamonga
Municipal Code to read as follows:
"Chapter 9.24"
REGULATIONS APPLICABLE TO MASSAGE SERVICES
Sections:
Article I. Massage Establishments and Definitions
9.24.010 Definitions.
9.24.020 Permit required.
9.24.030 Same--Exceptions.
9.24.040 Massage establishment--Application.
9.24.050 Same--Operating requirements.
9.24.060 Same--Facilities.
9.24.070 Same--Inspections.
9.24.080 Same--Permit nonassignable.
9.24.090 Same--Change of location or name.
9.24.100 Same--Notification of change.
9.24.110 Same--Renewal of permit.
Article II. Massage Technicians and Certified Massage Therapists
9.24.200 Massage technicians and certified massage therapists--Permit or massage
certificate required.
9.24.210 Same--Application.
9.24.220 Same--Renewal.
9.24.230 Same--Notification by technician.
Article III. Out Call Massage Services
9.24.300 Out call massage services--Special endorsement required.
9.24.310 Same--Application.
9.24.320 Same--Record.
Article IV. Prohibited Conduct, Procedures and Penalties
9.24.400 Prohibited conduct.
9.24.410 Suspension pending revocation.
9.24.420 Revocation--Massage establishment permit.
Article I. Massage Establishments and Definitions
9.24.010 Definitions.
Unless the particular provision of the context otherwise requires, the definitions and provisions
contained in this section shall govern the construction, meaning and application of words and
phrases used in this chapter:
"Applicant(s)" means the individual applicant and/or the designated officer or managing partner
acting on behalf of a corporation or partnership.
"Certified massage establishment" means any massage establishment or business that is a sole
proprietorship provided the sole proprietor is the owner, the owner holds a valid and current
massage certificate, and the owner is the only person employed by the business to provide
massage services; and/or any massage establishment or business that employs or uses only
persons holding a valid and current massage certificate for the provision of massage services.
Certified massage establishments are exempt from the requirements of this chapter, except
where otherwise provided.
"Certified massage establishment permit" shall mean a permit issued to a certified massage
establishment operating from a fixed place of business, which permit shall serve to
acknowledge that the permittee has provided satisfactory evidence to the Director establishing
that the business is a "certified massage establishment", and that the business premises
otherwise complies with applicable health and safety requirements of this chapter as permitted
by California Business and Professions Code Section 4612.
"Certified massage therapist" shall mean any person holding a valid and current massage
certificate. Certified massage therapists are exempt from the requirements of this chapter,
except where otherwise provided. "Certified massage therapist" does not include any "massage
technician", as defined herein.
"Chief' means that officer of the San Bernardino sheriffs department, or his or her designee,
designated to by the city of Rancho Cucamonga to fulfill the prescribed duties herein.
"Director" means the director of administrative services of the city of Rancho Cucamonga, or his
or her designee.
"Employee" means any and all persons, other than a massage technician or certified massage
therapist, who may render any service to the permittee, and who receives compensation from
the permittee or his or her agent, and who have no physical contact with the customers or
clients.
Ordinance No. 820 -Page 2 of 17
9.24.470 Civil remedies available.
9.24.480 Severability.
"Hearing officer" means the city manager of the city of Rancho Cucamonga, or his or her
designee.
"Massage" means any method of treating the external parts of the human body for remedial,
health, or hygienic purposes by means of pressure on or friction against; or stroking, kneading,
rubbing, tapping, pounding; or stimulating the external parts of the human body with the hands
or other parts of the human body, with or without the aid of any mechanical or electrical
apparatus or appliances; or with or without supplementary aids, such as rubbing alcohol,
liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations.
"Massage certificate" means a certificate issued to any massage therapist or practitioner
pursuant to California Business and Professions Code Section 4601, or any successor provision
thereto, by the California Massage Therapy Council, or any successor organization.
"Massage establishment" means any establishment having a fixed place of business where. any
person, firm, association, partnership, corporation engages in, conducts, or carries on, or
permits to be engaged in, conducted or carried on, any business of giving massages, baths,
administration of fomentation, electric or magnetic treatments, alcohol rubs, or any other type of
system for treatment or manipulation of the human body with or without any character of bath,
such as Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral,
fomentation, or any other type of bath.
"Massage technician" shall include a "massage technician," "massage trainee," "masseur,"
"masseuse" and means any person who administers to another person, for any form of
consideration, "massage" as defined, or bathes, manipulates the body, or uses electric
massage procedure, or similar procedure, but does not include "certified massage therapist", as
defined herein.
"Out call massage service" means any business where the primary function of such business is
to engage in or carry on massage, not always at a fixed location, but also at locations
designated by the customers or clients.
"Permittee" means any person, firm, partnership or corporation having a permit issued
hereunder, for a massage or certified massage establishment, and/or a massage technician, as
the case may be.
"Qualified massage association" means any association which has established a minimum
education requirement for membership of at least five hundred hours of training from a
recognized school of massage, offers and requires participation and completion by members of
a minimum number of hours of specified continuing education as a condition of membership, is
open to members of the general public meeting the requirements for membership, on a national
basis, and has minimum educational requirements or equivalents, including at least five
hundred classroom hours or its equivalent in anatomy, physiology, hygiene, sanitation, massage
therapy and practice, ethics of massage practice, first aid and CPR. Equivalency must be
verified by written and practical testing by the association. Further, the association must have
established rules of ethics and enforcement procedures for suspension or revocation of
membership for violation of such rules. In addition, the association must require participation
and completion by members of a minimum number of hours of specified continuing education
for eligibility for certification and recertification. In this regard, the city reserves the right to
require evidence of such training, recertification and professional experience as a condition of
continued membership.
Ordinance No. 820 -Page 3 of 17
"Recognized school of massage" means any school or institution of learning which teaches the
theory, ethics, practice, profession, or work of massage, which has been approved to award
degrees pursuant to Sections 94900 or 94905 of the California Education Code. A school
offering a correspondence course not requiring attendance shall not be deemed a recognized
school for purposes of this chapter. The city of Rancho Cucamonga shall have the right to
confirm that the applicant has actually attended class in a recognized school.
9.24.020 Permit required.
A. It is unlawful for any person, firm, partnership or corporation to engage in, conduct or carry
on, or to permit to be engaged in, conducted or carried on, in or upon any premises within the
city, the operation of a massage establishment as herein described, without first having
obtained a massage establishment permit, or certified massage establishment permit, issued by
the city pursuant to the provisions herein set forth. Said permit shall immediately be surrendered
to the director upon suspension, revocation or expiration of said permit.
B. A permit under this Article I shall be valid for twelve months from the date of issuance
unless revoked or suspended. The permit required shall be in addition to any business license
required by city ordinance or any other permit required for such use including, but not limited to,
any conditional use permit or other similar entitlement for use.
9.24.030 Same--Exceptions.
The provisions of this chapter shall not apply to the following classes of
engaged in the performance of the duties of their respective professions:
A. Physicians, surgeons, chiropractors, osteopaths or physical therapists
licensed to practice their respective professions in the state;
B. Nurses registered under the laws of the state;
individuals while
who are duly
C. Barbers and cosmetologists, licensed by the State of California, and persons
the State of California to provide skin care (estheticians) or nail care (manicurists),
licensed by
as defined
and to the extent provided in Business and Professions Code Section 7316, or any successor
provision thereto, as follows:
1. Barbers may massage the face and scalp;
2. Cosmetologists may massage the scalp, face, neck, arms, hands, feet below the calf,
and the body extending from the clavicles upward;
3. Estheticians may massage the face, neck, arms and the body extending from the
clavicles upward;
4. Manicurists may massage the hands, and feet below the calf.
State licensed barbers, cosmetologists, estheticians -and manicurists are subject to the
exemption provided by this subsection C only while providing other barbering, cosmetology, skin
care or nail care services in a facility licensed by the City of Rancho Cucamonga to provide
such services. The provisions of this subsection C apply to apprentices of any of the foregoing
who are licensed by the State of California, but only while performing barbering, cosmetology,
skin care or nail care services under the direct supervision of a barber, cosmetologist,
esthetician or manicurist who is subject to the exemption provided by this subsection;
D. Hospitals, nursing homes, sanitariums or other health care facilities duly licensed by the
state;
E. Accredited high schools, junior colleges and colleges or universities whose coaches and
trainers are acting within the scope of their employment;
F. Trainers of amateur, semiprofessional or professional athletes or athletic teams.
Ordinance No. 820 -Page 4 of 17
4
9.24.040 Massage establishment--Application
A. Any person, firm, corporation, or partnership desiring to obtain a permit to operate a
massage establishment or certified massage establishment shall make application under
penalty of perjury of the laws of the state, to the director. Prior to submitting such application, a
nonrefundable fee in an amount established by the city council shall be paid to the city to defray,
in part, the cost of the investigation and reports required by this Article I. A copy of the receipt
showing payment of the required fee shall accompany the application. Applicants for a certified
massage establishment permit are subject only to subsections A, C, D, E.1 through 4, 8, 9, 11,
12, 13, 16, 17, 18, 19, and 21, and G through I of this Section 9.24.040.
B. The applicant, if a corporation or partnership, shall designate one of its officers or general
partners to act as its responsible managing employee. Such person shall complete and sign all
application forms required of an individual applicant under this chapter; however, only one
application fee shall be charged. The corporation's or partnership's responsible managing
employee must, at all times, meet all of the requirements established for permittees by this
chapter or the corporation or partnership permit shall be suspended until a responsible
managing employee who meets such requirements is designated. If no such person is found
within ninety days, the corporation or partnership permit shall be deemed canceled without
further notice and a new initial application for permit must be filed.
C. The application and fee required under this section shall be in addition to any license,
permit or fee required under any other provisions of this code or ordinance heretofore or
hereafter adopted together with a writing, signed and dated by the applicant, under penalty of
perjury, stating that all information contained in the application is true and correct.
D. The application for permit does not authorize conducting a massage establishment. No
business shall be conducted until such permit has been granted.
E. Each applicant for a massage establishment permit shall submit the following information:
1. The full true name under which the business will be conducted. If the name is a fictitious
name, all individual owners, stockholders, partners, etc., shall be identified;
2. The present or proposed address where the business is to be conducted;
3. The applicant's full, true name, any other names used, date of birth, California Driver's
License number or California identification number, Social Security number, present residence
address and telephone number. The sex, height, weight, color of hair, and color of eyes;
4. Previous two residences of the applicant and the inclusive dates at each address;
5. The applicant's business, occupation, and employment history for five years preceding the
date of application, and the inclusive dates of same;
6. The permit history of the applicant, including whether such person has ever had any permit
or license issued by any agency, board, city, county, parish, territory, or state, the date of
issuance of such a permit or license, whether the permit or license was revoked or suspended,
or if a vocational or professional license or permit was issued, revoked, or suspended, and the
reason(s) therefor;
Ordinance No. 820 -Page 5 of 17
7. As to each applicant and owner of at least ten percent of the massage establishment and/or
outcall massage business, all convictions for any crime that requires registration under any
state, federal or other governmental law similar to and including California Penal Code Section
290, and whether or not any such person is required to register pursuant to Section 290 or any
such similar law, and convictions for any crime that involves conduct which is a violation of any
state, federal or other governmental law similar to and including California Penal Code Sections
266h, 266i, 314, 315, 316, 318, 647, or any other crime involving the elements of the foregoing
code sections, by way of plea bargain, or any other crime involving dishonesty, fraud, deceit or
moral turpitude. For purposes of this Article 1, "conviction" shall include a conviction pursuant to
a plea of guilty or nolo contendere;
8. A complete explanation of all services to be provided;
9. The name, address, and date of birth of each massage technician, certified massage
therapist, aide, trainee or employee who is or will be employed in such establishment;
10. The name and address of any massage business or other like establishment owned or
operated by any person whose name is required to be given pursuant to this section wherein
the business or profession of massage is carried on;
11. Acceptable written proof that the applicant is at least eighteen years of age;
12. If the applicant is a corporation, the name of the corporation shall be set forth exactly as
shown in its Articles of Incorporation or Charter together with the state and date of incorporation
and the names and residence addresses of each of its current officers and directors, and of
each stockholder holding five percent or more of the stock of that corporation;
13. If the applicant is a partnership, the application shall set forth the name and residence
addresses of each of the partners, including limited partners. 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 Section 9.24.040(E)(12)
pertaining to corporate applicants shall apply;
14. The director may require the applicant to furnish fingerprints when needed for the purpose
of establishing identification. Any required fingerprinting fee will be the responsibility of the
applicant;
15. Two current, full-face, portrait photographs of the applicant, two inches by two inches in
size shall be provided by the applicant;
16. A description of any other business to be operated on the same premises, or on adjoining
premises, owned or controlled by the applicant shall be set forth;
17. The name and address of the owner and lessor of the real property upon or in which the
business is to be conducted shall be identified. 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 his/her property;
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 shall be required. The
chief shall provide such assistance to the director as may be required to fully investigate the
applicant and the truth of the matters set forth in the application;
19. The applicant shall submit any change of address or fact which may occur during the
procedure of applying for a massage establishment permit;
20. The applicant, if an individual, or designated responsible managing employee if a
partnership or corporation, shall personally appear at the police department for fingerprinting
and produce proof that the application fee has been paid and shall present the application
containing the required information as described in this section;
Ordinance No. 820 -Page 6 of 17
6
21. A certificate of compliance from both the city planning department, building and safety
division and the San Bernardino County health department must be submitted prior to the
application approval. Any required inspection fees shall be the responsibility of the applicant;
If the certificates of compliance are not received by the director within sixty days of the date of
filing, the application shall be deemed void. If any land use permit or other entitlement for use is
required, such permit or use shall be applied for and received prior to the massage
establishment permit becoming effective.
F. The director shall have up to one hundred twenty calendar days to investigate the
application and the background of the applicant. Upon the completion of the investigation, the
director shall grant the permit if he or she finds as follows:
1. The required fee has been paid;
2. The application conforms in all respects to the provisions of this Article I;
3. The applicant has not made a material misrepresentation in the application;
4. The applicant, if an individual, or any of the stockholders of the corporation, or any officers
or directors, if the applicant is a corporation, or any partner if the applicant is a partnership, has
not been convicted in a court of competent jurisdiction of an offense specified in Section
9.24.040(E)(7);
5. The applicant has not had a massage establishment, massage technician, or other similar
permit or license denied, revoked, or suspended by the city, or any other state, territory, county,
parish or local agency prior to the date of approval;
6. The applicant is at least eighteen years of age;
7. The massage establishment as proposed by the applicant would comply with all applicable
laws, including, but not limited to, health, zoning, fire and safety requirements and standards;
and
8. The applicant, including any ten percent or more owner of the massage establishment or
outcall massage service, or any massage technician employed by or working out of or in
connection with the massage establishment or outcall massage service, is not required to
register under the provisions of California Penal Code Section 290 or similar criminal statute.
G. The director shall have up to one hundred twenty calendar days to investigate the
application and the background of each applicant for a certified massage establishment permit.
Upon the completion of the investigation, the director shall grant the permit if he or she finds as
follows:
1. The required fee has been paid;
2. The application conforms in all respects to the provisions of this Article I;
3. The applicant has not made a material misrepresentation in the application; and
4. All persons who will provide massage services are certified massage therapists, as
evidenced by the submission of copies of each therapist's valid and current massage certificate,
attested to by the applicant, under penalty of perjury, as being true and correct.
H. If the director, following investigation of the applicant, determines that the applicant does not
fulfill the requirements of this Article I, the director shall deny such application by dated, written
notice to the applicant, forwarded to the applicant's address as set forth in the application, by
U.S. mail, with a proof of service attached. Following a denial or revocation of a massage
establishment permit, no application for a massage establishment permit may be filed by such
applicant, at the same or substantially similar physical location, for at least one year following
the date of such denial or revocation. The applicant shall have the right of appeal as to any
denial. as set forth in Section 9.24.440.
Ordinance No. 820 -Page 7 of 17
I. Proof of compliance with all applicable provisions of the Rancho Cucamonga Municipal Code
and the applicable ordinances shall be provided prior to the issuance of any permits.
9.24.050 Same--Operating requirements.
Any person engaging in, conducting, or permitting the operation of a certified massage
establishment, may do so only if done in compliance with and/or subject to subsections A
through G, I through N, O, R and S of this Section 9.24.050. No person shall engage in,
conduct, or carry on, or permit to be engaged in, conducted, or carried on, any massage
establishment, unless each and all of the following requirements are met:
A. Each person employed or acting as a massage technician or certified massage therapist
shall have a valid permit issued by the director, or massage certificate, which permit or
certificate shall be displayed in a conspicuous area open to the public at all times. It is unlawful
for any owner, manager, operator, responsible managing employee, or permittee in charge of or
in control of a massage establishment to employ or permit a person to act as a massage
technician who is not in possession of a valid, unrevoked massage technician permit issued
pursuant to this chapter and which is worn clearly visible during working hours, or a valid
massage certificate.
B. The possession of a valid massage establishment permit does not authorize the possessor
to perform work for which a massage technician permit or massage certificate is required.
C. Massage and bath operations shall be carried on or conducted, and the premises shall be
open, only between the hours of seven a.m. and ten p.m.
D. A list of services available as approved pursuant to the application and the cost of such
services shall be posted in an open public place within the premises, and shall be described in
readily understandable language. In the event any list of services and costs posted or provided
hereunder is in other than the English language, the permittee shall, at the permittee's cost and
expense, provide to the director an English language translation thereof. Such English
translation shall be attested to being a full, true and correct translation thereof under penalty of
perjury of the laws of the state of California. No owner, manager, operator, responsible
managing employee, or permittee shall permit, and no massage technician or certified massage
therapist shall offer or perform, any service other than those posted.
E. The massage establishment permit and a copy of the permit of each and every massage
technician, or massage certificate of each certified massage therapist, employed in the
establishment shall be displayed in an open and conspicuous place on the premises.
F. Every massage establishment shall keep a written record of the date and hour of each
treatment, the name and address of each patron, the name of the massage technician or
certified massage therapist administering the treatment, and the type of treatment administered.
Such written record shall be maintained on forms approved by the director. Such records shall
be open to inspection only by officials charged with enforcement of this chapter, shall be
available during all business hours of the establishment, and shall be used for no other purpose.
Any unauthorized disclosure or use of such information by any officer or employee of the city or
the county of San Bernardino, or the owner or employee of the massage establishment, shall
constitute a misdemeanor and such persons shall be subject to the penalty of the provisions of
this chapter in addition to any other penalties provided by law. Such records shall be maintained
on the premises of the massage establishment for a period of two years.
Ordinance No. 820 -Page 8 of 17
8
G. Massage establishments shall at all times be equipped with an adequate supply of clean,
sanitary towels, coverings and linens. Clean towels, coverings and linens shall be stored in
enclosed cabinets. Towels and linens shall not be used on more than one patron, unless such
towel or linen has first been laundered and disinfected. Disposable towels and coverings shall
not be used on more than one patron. Soiled linens and towels shall be deposited in separate,
health department approved receptacles.
H. If male and female patrons are to be treated simultaneously at the same massage
establishment, separate massage rooms, separate dressing facilities and separate toilet
facilities shall be provided for male and female patrons.
I. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and
bathrooms, tanning booths, whirlpool baths and pools shall be thoroughly cleaned and
disinfected as needed, and at least once each day the premises are open, with a disinfectant
approved by the San Bernardino County health department. Bathtubs shall be thoroughly
cleaned with a disinfectant, approved by the health department, after each use. All walls,
ceilings, floors and other physical facilities of the establishment must be in good repair and
maintained in a clean and sanitary condition.
J. Instruments utilized in performing massage shall not be used on more than one patron
unless such instruments have been sterilized, using approved sterilizing methods.
K. All employees, including massage and certified massage therapists, shall be clean, and
shall wear clean, nontransparent outer garments. Such garments shall not expose their genitals,
pubic area, buttocks or chest. Massage technicians shall maintain the massage technician
permit visibly on their person during business hours.
L. No person shall enter, be or remain in any part of a massage establishment while in the
possession of, consuming, under the influence of or using any alcoholic beverage or drugs
except pursuant to a prescription for such drugs. The owner, operator, responsible managing
employee, manager or permittee shall not permit any such person to enter or remain upon such
premises.
M. No massage establishment shall operate as a school of massage, or use the same facilities
as that of a school of massage.
N. No massage establishment granted a permit under this Article I shall place, publish or
distribute or cause to be placed, published or distributed any advertising matter that depicts any
portion of the human body that would reasonably suggest to prospective customers or clients
that any service is available other than those services described in Section 9.24.050(D) of this
Article I. Nor shall any massage establishment or outcall massage service employ language in
the text of such advertising that would reasonably suggest to a prospective patron that any
service is available other than those services as described in Section 9.24.050(D) of this Article
I.
O. No service enumerated in Section 9.24.050(D) of this Article I may be carried on within any
cubicle, room, booth or any area within a massage establishment, which is fitted with a door
capable of being locked.
P. All exterior doors shall remain unlocked from the interior side during business hours
Ordinance No. 820 -Page 9 of 17
9
Q. A massage shall not be given and no patron shall be in the presence of a massage or
certified massage therapist or other employee unless the patron's genitals are fully covered by a
nontransparent covering. In addition, a female patron's breasts shall be fully covered by a
nontransparent covering.
R. No massage establishment shall be open for business without at least one massage or
certified massage therapist on the premises at all times who is in possession of a current, valid
permit or massage certificate.
S. Each massage establishment granted a permit under this article shall have a manager on
the premises at all times the massage establishment is open for business. The operator of each
massage establishment shall file a statement with the director designating the person or
persons who shall act as manager. The operator, or manager in the operator's absence, shall
be responsible for ensuring compliance with this chapter.
9.24.060 Same--Facilities.
Every certified massage establishment shall maintain facilities meeting the requirements of
Subsections A through F, H and I of this Section 9.24.060. Every massage establishment shall
maintain facilities meeting all of the following requirements:
A. Signs shall be in conformance with the current ordinances of the city;
B. Minimum lighting shall be provided in accordance with Section 1205 of the California
Building Code or successor provision or provisions. In addition, at least one artificial light of not
less than sixty watts shall be provided in each room or enclosure where massage services are
performed on patrons;
C. Minimum ventilation shall be provided in accordance with Section 1203 of the Uniform
Building Code or successor provision or provisions;
D. Adequate equipment for disinfecting and sterilizing instruments used in performing the acts
of massage shall be readily available;
E. Hot and cold running water shall be provided at all times;
F. Closed cabinets shall be provided for storage of clean linens;
G. Adequate dressing, locker and toilet facilities shall be provided to patrons. A minimum of
two separate lockers which are capable of being locked must be provided for patrons. Separate
toilets and dressing areas shall be provided for male and female patrons;
H. A minimum of one separate wash basin for employees shall be provided at all times. The
basin shall be located within or as close as practicable to the area devoted to performing of
massage services. Sanitary towels shall also be provided at each basin;
I. Pads used on massage tables shall be covered with a durable, washable plastic or other
waterproof material acceptable to the San Bernardino County health department.
Ordinance No. 820 -Page 10 of 17
10
9.24.070 Same--Inspections.
The director, chief, development services director, and the San Bernardino County health
department, or their authorized representatives, shall have the right to enter any massage or
certified massage establishment for the purpose of making reasonable unscheduled inspections
to observe and enforce compliance with applicable regulations, laws, and provisions of this
chapter.
9.24.080 Same--Permit nonassignable.
No massage or certified massage establishment permit may be sold, transferred or assigned by
the permittee, or by operation of law, to any other person or persons, and any such sale,
transferor assignment, or attempted sale, transfer or assignment, shall be deemed to constitute
a voluntary surrender of such permit and such permit shall thereafter be deemed terminated and
void; provided and excepting, however, that if the permittee is a partnership and one or more of
the partners should die, one or more of the surviving partners may acquire, by purchase or
otherwise, the interest of the deceased partner or partners without effecting a surrender or
termination of such permit and in each case the permittee shall thereafter be deemed to be the
surviving partner(s). One or more proposed partners, in a partnership granted a permit
hereunder, may make application to the director, together with the fee established by the city
council therefor, to amend the original application, providing all information as required for
partners in the first instance and, upon approval thereof, the transfer of the interests of one or
more partners to the proposed partner or partners may occur. If the permit is issued to a
corporation, stock may be sold, transferred, issued, or assigned to stockholders who have been
named on the application. If any stock is sold, transferred, issued, or assigned to a person not
listed on the application as a stockholder, the permit shall be deemed terminated and void;
provided, however, the proposed transferee may submit to the director, together with a fee
established by the city council, an application to amend the original application providing all
information as required for stockholders in the first instance, and, upon approval thereof, the
transfer may then occur.
9.24.090 Same--Change of location or name.
A. A change of location may be approved by the director provided the massage or certified
massage establishment complies with all ordinances and regulations of the city.
B. No permittee shall operate under any name or conduct any establishment under any
designation not specified in the permit.
C. Any application for an expansion of a building or other place of business of a massage
establishment shall require compliance with this Article I.
9.24.100 Same--Notification of change.
A. The holder of the permit to operate or conduct a massage or certified establishment shall
notify the director, in writing, of the name and address of each person employed, including
massage technicians and certified massage therapists, at such establishment within five days of
said person being employed. The requirements of this section are in addition to the other
provisions of this chapter, and nothing contained herein shall relieve the permittee of the
responsibility of ascertaining, prior to employment, whether an employee has a current, valid
massage technician permit or massage certificate.
B. If, during the term of a permit, the applicant has any change in information provided on or
concerning the original application or permit renewal application, notification shall be made to
the director in writing, within ten business days of the change.
Ordinance No. 820 -Page 11 of 17
9.24.110 Same--Renewal of permit.
A massage or certified massage establishment licensed under this Article I shall submit an
application for renewal thirty days prior to the expiration thereof. The renewal application shall
be submitted together with the requisite fee as established by the city council. Approval of the
renewal application shall be contingent upon satisfactory compliance with all pertinent
provisions of this Article I.
Article II. Massage Technicians and Certified Massage Therapists
9.24.200 Massage technicians and certified massage therapists--Permit or massage certificate
required.
A. It is unlawful for any person to engage in the business of acting or to act as a massage
technician unless such person holds a valid massage technician permit issued by the city, or a
valid and current massage certificate. Each massage technician permit holder shall be issued a
photo identification badge which will also serve as a massage technician permit. The permit
holder shall maintain the massage technician permit visibly on his or her person during business
hours. Each permit holder shall immediately surrender to the director any massage technician
permit issued by the city upon the suspension, revocation, or expiration of such permit.
B. A permit under this section shall be valid for twelve months from the date of issuance unless
revoked or suspended.
9.24.210 Same--Application.
A. Each applicant for a massage technician permit shall make application under penalty of
perjury of the laws of the state of California to the director. Prior to submitting an application, a
nonrefundable fee as established by the city council shall be paid to defray, in part, the costs of
investigation and report required by this Article II. A copy of the receipt shall accompany the
application.
B. Permit fees required under this section shall be in addition to any license, permit or fee
required under any other provision of this code.
C. The application for permit does not authorize the applicant to practice massage. No work is
authorized until such permit has been granted.
D. Each applicant for a massage technician permit shall submit the following information:
1. Truthful and honest answers to each and every inquiry in Section 9.24.040(E)(3) through
Section 9.24.040(E)(7), inclusive, of Article I hereof;
2. Acceptable written proof that the applicant is at least eighteen years of age.
E. The applicant must furnish proof of passage of the independently prepared and
administered national examination through the National Certification Board for Therapeutic
Massage and Bodywork (NCTMB), together with current recertifications in accordance with
NCTMB requirements, a diploma or certificate of graduation from either afive-hundred-hour
resident course of instruction or five hundred hours of cumulative education consisting of no
less than athree-hundred-hour resident course, and two hundred additional hours of resident
instruction from a recognized school of massage as defined in Section 9.24.010 of Article I,
hereof, or from an existing school or institution of learning outside the state of California,
together with a certified transcript of the applicant's school records showing date of enrollment,
hours of instruction and graduation from a course having at least the minimum requirements
prescribed by Article 3 of Subchapter 3 of Chapter 21 of Division 1 of Title 5 of the California
Code of Regulations, wherein the theory, method, profession and work of massage is taught,
and a copy of the school's approval by the State Board of Education.
Ordinance No. 820 -Page 12 of 17
12
Alternatively, the provisions of this subsection (E) may be satisfied by the applicant receiving
three hundred hours of resident instruction and having membership, or the ability to obtain
membership, in a qualified massage association, as defined in Section 9.24.010(J) of Article I
hereof.
F. The massage establishment's full name, address and telephone number where the
massage technician will be employed at a fixed place of business. In the event the applicant
seeks to conduct out call massage services not listed in the original application, an additional
application and fee must be submitted.
G. Such other identification and relevant information as the director may require in order to
discover the truth of the matters herein specified as required to be set forth in the application.
H. Two current full face, portrait photographs of the applicant, two inches by two inches in size.
I. The director may require the applicant to furnish fingerprints when needed for the purpose of
establishing identification. Any required fingerprinting fees will be the responsibility of the
applicant.
J. A certificate from a medical doctor licensed to practice in the state of California stating that
the applicant has, within thirty days immediately preceding the date of application, been
examined and found to be free of any contagious or communicable disease.
K. 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 shall be required. The
chief shall provide such assistance to the director as may be required to fully investigate the
applicant and the truth of the matters set forth in the application.
L. Authorization to the director that he or she shall have one hundred twenty days in which to
investigate the application and background of the applicant. Upon termination of the
investigation, the director shall approve or deny such application in writing.
M. The director, upon completion of the investigation, shall grant the permit if he or she finds in
accordance with Sections 9.24.040(E)(22)(a) through (f), inclusive, and:
1. The applicant has furnished an acceptable diploma or certificate of graduation from a
recognized school;
2. The applicant has furnished written proof from a recognized school that the minimum
number of hours of instruction have been completed; or
3. The applicant is not required to register under the provisions of California Penal Code
Section 290 or similar criminal statute.
N. If the director, following investigation of the application, determines that the applicant does
not fulfill the requirements as set forth in this section, the director shall deny such application by
dated, written notice forwarded to the applicant's address set forth in the application by U.S.
mail, with a proof of service attached. A new application may not be filed for at least sixty days
after such denial. Any applicant for a permit who is refused a permit by the director may appeal
the denial as set forth in Section 9.24.440.
Ordinance No. 820 -Page 13 of 17
13
9.24.220 Same--Renewal.
A massage technician licensed under this chapter shall file an application to renew the permit
thirty days prior to the date of expiration thereof. Approval shall be contingent upon satisfactory
compliance with all pertinent sections of this Article II, including a current medical clearance. A
renewal fee as established by the city council shall be charged to defray, in part, the cost of the
renewal investigation required by this Article II.
9.24.230 Same--Notification by technician.
If, during the term of a permit, the massage technician has any change in information submitted
on the original or renewal application, the massage technician shall notify the director of such
change within ten business days thereafter, in writing.
Article III. Out Call Massage Services
9.24.300 Out call massage services--Special endorsement required.
It is unlawful for any massage establishment or massage technician to provide, or to offer to
provide, massage at any location except at the place of business approved for a massage
establishment hereunder; provided, however, that a massage establishment or massage
technician may obtain a special endorsement .to the permit issued thereto specifically
authorizing out call massage services. This Section shall not apply to certified massage
establishments or therapists.
9.24.310 Same--Application.
Any massage establishment or massage technician desiring to provide out call massage
services shall submit to the director, together with the requisite nonrefundable fee therefor as
established by the city council, an application to provide out call massage services within the
city. In addition to the requirements set forth herein pertaining to massage establishment permit
or massage technician permit application, as the case may be, the applicant, and any certified
massage establishment or therapist wishing to provide outcall massage services, shall submit to
the director detailed information setting forth the manner and means of transporting, to and from
the premises where out call massage services are tc be performed, the clean, sanitary towels,
coverings and linens, sterilized instruments to be utilized, as well as any supplementary aids,
equipment or devices to be utilized and the method(s) of disposal thereof.
9.24.320 Same--Record.
All massage technicians authorized to perform out call massage services hereunder, and all
certified massage therapists, shall keep a written record, at the massage technician's or certified
therapist's principal place of business, of out call massage services performed as required by
Section 9.24.050(F) of Article I hereof and shall include therein the location, by street address
including suite or apartment number, where such services have been performed.
Article IV. Prohibited Conduct, Procedures and Penalties
9.24.400 Prohibited conduct.
A. It is unlawful for any massage technician or certified massage therapist to touch or massage
the genital area of any patron or the breasts of any female patron or for any massage
establishment to allow or permit such massage.
B. It is unlawful for a massage technician to perform any massage services at any location
other than that location specified on the massage technician permit or pursuant to a valid out
call endorsement.
Ordinance No. 820 -Page 14 of 17
14
9.24.410 Suspension pending revocation.
When the grounds for revocation under this chapter are that the permittee is suspected of
immoral, improper, or otherwise objectionable conduct, the permit may be suspended until the
revocation hearing procedure has been completed.
9.24.420 Revocation--Massage establishment permit.
The director may, after notice and hearing, revoke the massage establishment permit of any
person, firm, partnership or corporation holding the same upon receipt of satisfactory evidence
that:
A. The permittee has made a material misrepresentation on the permit application;
B. With respect to any massage establishment, but not including a certified massage
establishment, the permittee, any managing responsible employee thereof or any of the persons
enumerated in Section 9.24.040(E)(12) or Section 9.24.040 (E)(13) of Article I hereof has been
convicted of or entered a plea of guilty or nolo contendere to any charge of a violation of any of
the provisions of this chapter, or of the enumerated statutes set forth in Section 9.24.040(E)(7)
of Article I hereof or any lesser included offense; or
C. The permittee, any managing responsible employee, or any employee, representative, or
agent of the permittee or any massage technician employed by the permittee, has engaged in
conduct constituting a violation of this chapter or of any of the enumerated statutes set forth in
Section 9.24.040(E)(7) of Article I hereof. The director shall provide the permittee with written
notice of the revocation or proposed revocation by U.S. mail, with a proof of service attached,
addressed to the street address of the massage establishment as shown on the application; or
D. The massage establishment no longer satisfies the approval requirements set forth in
Section 9.24.040, including, but not limited, failure of a certified massage establishment to use
or employ only certified massage therapists to provide massage services.
9.24.430 Same--Massage technician permit.
The director may revoke the massage technician permit of any person holding the same upon
receiving satisfactory evidence that the permittee has made a material misrepresentation on the
permit application or if the permittee has been convicted of or entered a plea of guilty or nolo
contendere to any charge of a violation of any of the provisions of this chapter, or any of the
enumerated statutes set forth in Section 9.24.040(E)(7) of Article I hereof or to a lesser included
offense. The director may, after notice and hearing, revoke the massage technician permit of
any permittee if, on the basis of satisfactory evidence it shows that the permittee has engaged
in conduct constituting a violation of this chapter or any of the enumerated statutes set forth in
Section 9.24.040(E)(7) of Article I hereof. The director shall provide the permittee with written
notice of the revocation by mail, with a proof of service attached, addressed to the permittee at
the address of record shown on the massage technician permit application.
9.24.440 Permit denial/revocation appeal procedure.
A. The applicant or permittee, as the case may be, within ten business days after receipt of
denial of an application for a permit under Articles I, II or III, hereof, or notice of revocation, may
file an appeal with the city clerk to be taken to the hearing officer. In the event an appeal is filed
within the ten day time frame, a suspension of the permit shall be in effect until the final decision
has been rendered by the hearing officer.
Ordinance No. 820 -Page 15 of 17
15
B. If the applicant or permittee fails to file an appeal within the ten day filing period provided
herein, denial/revocation shall take effect immediately upon expiration of such filing period. No
permit shall be revoked until after a hearing shall have been held before the hearing officer to
determine good cause for such revocation, or the appeal filing period has lapsed. It is unlawful
for any person to conduct a massage establishment or carry on the business of massage until
the revoked permit has been reinstated by the hearing officer.
C. Notice of such hearing shall be given in writing and mailed at least ten days prior to the date
of the hearing, by U.S. mail, with a proof of service attached, addressed to the address listed on
the massage or certified massage establishment application, or massage technician application,
as the case may be. The notice shall state the grounds of the complaint and shall state the time
and place where such hearing will be held.
D. After said hearing, the hearing officer shall render a written decision within ten business
days from the date the matter is submitted for decision. The action of the hearing officer shall be
final and conclusive.
9.24.450 Burden of proof at hearing.
Unless otherwise specifically provided by law, the burden is on the city in any hearing under this
Article IV to prove that the determination of the director which is being appealed is reasonable,
and not an abuse of discretion.
9.24.460 Penalties for violation of ordinance or chapter.
It is unlawful for any person, firm, partnership or corporation to violate any provision or to fail to
comply with any of the requirements of this chapter. Any person, firm, partnership or corporation
violating any provisions of this chapter or failing to comply with any of the requirements thereof
shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a
fine not exceeding one thousand dollars, or by imprisonment not exceeding six months, or by
both such fine and imprisonment. Each and every person, firm, partnership or corporation shall
be deemed guilty of a separate offense for each and every day or any portion thereof during
which any violation of any of the provisions of this chapter is committed, continued or permitted
by such person, firm, partnership or corporation, and shall be deemed punishable therefor as
provided in this chapter.
9.24.470 Civil remedies available.
The violation of any of the provisions of chapter shall constitute a nuisance and may be abated
by the city through civil process by means of restraining order, preliminary or permanent
injunction or in any other manner provided by law for the abatement of such nuisances.
9.24.480 Severability.
The city council declares that, should any article, provision, section, paragraph, sentence or
word of this chapter be or declared invalid by any final court action in a court of competent
jurisdiction, or by reason of any preemptive legislation, .including, but not limited to, any
provision contained in California Business and Professions Code Section 4600, et seq., the
remaining provisions, sections, paragraphs, sentences and words of this chapter shall remain in
full force and effect. The provisions of California Business and Professions Code Sections 4600
through 4613 shall be deemed to govern over any conflicting provisions contained in this
Chapter."
Section 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause the
same to be published in the manner prescribed by law.
P/eue see the jollowircg page
/or /oimal adoption, certification and signatures
Ordinance No. 820 -Page 16 of 17
16
PASSED, APPROVED, AND ADOPTED this 2nd day of September 2009.
AYES: Gutierrez, Kurth, Spagnolo, Williams
NOES: None
ABSENT: Michael
ABSTAINED: None
I~
Donald J. Kurth, M.D., Mayor
ATTEST:
O~~r,~ ~ ~~~~-
J~iice C. Reynolds, City lerk
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting
of the Council of the City of Rancho Cucamonga held on the 19`h day of August 2009, and was
passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the
2"d day of September 2009.
Executed this 3`d day of September 2009, at Rancho Cucamonga, California.
~L/ ~ '~- G ~ O«
nice C. Reynolds, Cit Clerk
Ordinance No. 820 -Page 17 of 17
17