HomeMy WebLinkAboutORD 1215ORDINANCE NO. 1215
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING AMENDMENTS TO CHAPTER
5.87 MASSAGE ESTABLISHMENTS AND MASSAGISTS AND TO
CHAPTER 5.90 MASSAGISTS PERMITS OF TITLE 5 BUSINESS TAXES,
LICENSES AND REGULATIONS OF THE PALM DESERT MUNICIPAL
CODE.
WHEREAS, the City Council of the City of Palm Desert, California, did on the
261h day of August, 2010, hold a duly noticed public hearing to consider modification to
Chapter 5.87 and Chapter 5.90 of the Palm Desert Municipal Code; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,"
Resolution No. 06-78, and the Director of Community Development has determined that
the proposed revision to the Health and Safety Code is not a project as defined under
CEQA and no further environmental review is necessary; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said City Council
did find the following facts and reasons to exist to justify approval of the said
amendments:
1. That the proposed amendment will not negatively impact the public health, safety,
or general welfare.
2. That stand alone, independent massage establishments have generated public
complaint and police activity. This has resulted in the closure of a number of
massage establishments where the owners and/or employees have been
engaging in prostitution and other activities.
3. Secondary uses are massage services offered at resort hotel locations, salons,
skin care, pilates, yoga, chiropractor and other health services locations. These
establishments historically do not generate calls for services from police or Code
Enforcement.
4. To assure continuity of revenue to the General Fund, it is important to have a
balance of business types in the city. Too great of a concentration of any one
type of business can lead to revenue shortage when there is a downturn in that
particular market.
5. To maintain its stature as a high -end destination resort, with first-rate services
and amenities for its residents, it is important for the city to provide a blend of the
types and quality of businesses available to residents and visitors.
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6. The amended Massage Ordinance would provide the City of Palm Desert the
ability to enhance the community compatibility and policing, and to ensure that
balances of land and business types are maintained throughout the City.
Therefore, for these reasons, the amendments to the municipal code are deemed by the
City Council to be necessary.
THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1: That the above recitations are true and correct and constitute the
findings of the City Council on this matter.
SECTION 2: Palm Desert Municipal Code Chapter 5.87 and Chapter 5.90 are
hereby amended and restated as described in Exhibit A and Exhibit
B, respectively, attached hereto.
SECTION 3: That the City Clerk of the City of Palm Desert, California, is hereby
directed to publish this ordinance in the Desert Sun, a newspaper
of general circulation, published and circulated in the City of Palm
Desert, California, and shall be in full force and effective thirty (30)
days after its adoption.
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this 91h day
of September, 2010, by the following vote to wit:
AYES: BENSON, FERGUSON, and FINERTY
NOES: NONE
ABSENT: SPIEGEL
r
ABSTAIN: NONE
C DY FIN T , Mayor
ATTEST:
GRkCE L. MENDOZA, Deput City Clerk
City of Palm Desert, California
q—/s-la
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EXHIBIT "A"
That Title 5, Chapter 5.87 Massage Establishments and Massagists of the Business
Taxes, Licenses and Regulation is hereby amended where indicated in bold font as
follows:
Chapter 5.87 MASSAGE ESTABLISHMENT AND MASSAGISTS
5.87.020 Definitions.
Unless the particular provision or the context otherwise requires, the definitions
and provisions contained in this section shall govern the construction, meaning and
application of words and phrases used in this Chapter:
California Massage Therapy Council (CMTC) means a state -organized non-
profit organization created to regulate the massage industry as set forth in
Chapter 10.5 of Division 2 of the Business and Professions Code of the state
(commencing with Section 4600).
City manager means the city manager of the city of Palm Desert, or his or her
designated representative.
CMTC-certified establishment is either (1) a massage establishment or
business that is a sole proprietorship, where the sole proprietor is certified by the
CMTC or (2) a massage establishment or business that employs or uses only
persons certified by the CMTC to provide massage services.
Communicable disease means tuberculosis, hepatitis, or any disease which may
be transmitted to a patron through normal contact during the performance of any
massage service, and does not include venereal or sexually transmitted diseases,
which would not be transmitted to patrons through normal contact during the
performance of any massage service.
Communication device means any video or other type of camera device
whether it is free standing, temporarily or permanently mounted to a fixed surface
indoors or outdoors.
Day spas are places where baths, steam, sauna, body wraps, salt glows
and other exfoliating treatments, hot and cold packs, compresses, and other
forms of hydrotherapy, are given as well as facials, exercise classes, all services
being directed toward health.
Director means the director of finance or his or her delegated representative.
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Employee means any person over eighteen years of age other than a massagist
who renders any service in connection with the operation of massage business and "
receives compensation from the operator of the business or patrons.
Independent stand alone massage establishment is any business that
performs massage where massage business revenue exceeds 50% of the gross
income for the business.
Manager shall mean the person(s) designated by the operator of the
massage establishment to act as the representative and agent for the operator in
managing day-to-day operations with the same liabilities and responsibilities as
the operator. Evidence of management includes, but is not limited to, evidence
that the individual has power to direct or hire and dismiss employees, control
hours of operation, create policy or rules or purchase supplies. A manager may
also be an operator. A massage technician permit is not required to be a
manager. A manager may not perform any massage services without first
meeting the standards and qualifications of Section 5.90.060 and obtaining a
technician permit or being exempt from city permitting requirements pursuant to
Section 5.90.020.
Massage means any method, except reflexology, of pressure on, or friction
against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the
external parts of the human body with the hands or with the aid of any mechanical or
electrical apparatus or appliances. with or without supplementary aids such as creams,
ointments. or other similar preparations commonly used in the practice of massage,
under such circumstances that it is reasonably expected that the person to whom the
treatment is provided or some third person on his or her behalf will pay money or give
any other consideration or any gratuity therefore.
Massage establishment means any establishment having a source of income or
compensation derived from the practice of massage as defined in this section, and
which has a fixed place of business where any person, firm, association or corporation
engages in or carries on any of the activities defined as massage in this section.
Massagist means any person who, for any consideration whatsoever, engages in
the practice of massage as defined in this section at any permitted establishment. The
terms "massage therapist," "massage practitioner," or any other terms used
within the massage industry are included within this definition for the purposes
of this ordinance. This definition shall also include anyone operating pursuant to
a valid "massage therapist" or "massage practitioner" certification issued by the
CMTC.
Outcall massage service means any business, the function of which is to engage
in or carry on massages at a location designated by the customer or client rather than a
massage establishment.
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Permittee means the person to whom a permit has been issued.
Publicly traded corporation shall be a corporation whose stock is traded on the
New York, American, Pacific or NASDAQ Exchanges.
Police chief means the chief of the police department of the city of Palm Desert,
or his or her designated representative.
Recognized school of massage means any school or educational institution
licensed or approved in the state it is located, whose purpose it is to upgrade the
professionalism of massagists and which teaches the theory, ethics, practice,
profession or work of massage; which requires a resident course of study before the
student shall be furnished with a diploma or certificate of graduation from such school or
institution of learning following the successful completion of such course of study or
learning. Schools offering a correspondence course not requiring actual attendance
shall not be deemed a recognized school. The city shall have a right to confirm that the
applicant has completed a certificate program from a recognized school.
Reflexology means an alternative, complementary, or integrated medicine
method of treatment involving the physical act of applying pressure to the feet
and hands with specific thumb, finger, and hand techniques without the use of oil
or lotion. Reflexology is performed in an area open to the general public, and not
in individual treatment rooms with doors or other devices that screen the view of
treatments being performed.
Specified anatomical areas means:
1. Less than completely and opaquely covered human genitals, pubic region,
anus, or female breasts below a point immediately above the top of the areola; or
2. Human male genitals in a discernibly turgid state, even if completely and
opaquely covered. (Ord. 993 § 3 (part), 2002; Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.030 Permits.
A. Requirements. Except as provided in Section 5.87.135. it is unlawful for
any person, association, partnership or corporation to engage in, conduct, carry on or
upon any premises within the city, the business of a massage establishment, as defined
in this chapter, without possessing a permit issued pursuant to the provisions of this
chapter for each and every separate office or place of business conducted by the
above. The permit fee required by this chapter shall be in addition to any other license,
permit or fee required under any of the provisions of this code.
B. Except as provided in Section 5.87.135. Independent stand alone
massage establishments are prohibited and shall not be issued massage
establishment permits.
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C. Authorization. Except as provided in Section 5.87.135 neither the filing
of an application for the permit, nor payment of any other license, permit or fee required
under any other provision of this code shall authorize the engaging, conducting or
carrying on of a massage establishment.
D. Application Fee. The application fee for a massage establishment permit
shall be five hundred dollars and shall be used to defray the cost of investigation and
processing as set forth herein. The fee set forth in this section shall be in effect until the
city council shall, by resolution, fix some other rate based upon a cost factor.
E. Renewal of Permit. Except as provided in Section 5.87.135 all permits
shall expire one year from the date it is issued. Applications for renewal of a permit shall
be made sixty days prior to the expiration date of the permit. The renewal application
fee for a massage establishment permit shall be one hundred dollars. Said renewal
application fees are nonrefundable and shall be used to defray the cost of investigation
and processing said renewal applications. The fee set forth in this section shall be in
effect until the city council shall, by resolution, fix some other rate based upon a cost
factor. (Ord. 993 § 3 (part), 2002; Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.040 Massaae establishments—Locati
A. Except as provided in Section 5.87.135 all massage establishments will
require approval of a conditional use permit per Chapter 25.72 of the zoning ordinance. -�
The applicant for a conditional use permit must provide a written statement
confirming that the applicant is the owner or authorized agent of the owner of the
property and that the applicant or owner is aware of the massage establishment
regulations as set forth in this Chapter.
B. Zones permitted by conditional use permit: C-1, general, PC, planned
commercial, O.P., office professional and S.I., service industrial.
C. Massage establishments shall only be permitted subject to approval of a
conditional use permit as an accessory use with hotels, beauty salons, day spas,
athletic clubs and other health service or educational institutions in those zones where
they are permitted and approved. (Ord. 898, 1998; Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.050 Nonconforming uses and permits.
A. Establishments. Except as provided in Section 5.87.135 all
establishments legally permitted to offer massage on January 1, 1998, but which are in
noncompliance as a result of amendment to this chapter shall be deemed legal
nonconforming and will be allowed to continue operation provided they are in
compliance with all limitations and requirements of their original permit except as noted
below. Any expansion of massage services beyond those specified in the original
approval shall require a conditional use permit. (Ord. 993 § 3 (part), 2002; Ord. 870 § 2
(Exhibit A) (part), 1998)
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B Except as provided in Section 5.87.135 existing independent stand
alone massage establishments with a Conditional Use Permit approved and
active before 1 October 2010 can relocate or expand as long as existing
ownership remains the same, and as long as business expansions do not involve
operation of multiple locations. All relocations and expansions of independent
stand alone massage establishments legally permitted before this date require an
amendment to the exiting Conditional Use Permit.
5.87.060 Building requirements for massage establishments.
In addition to the requirements of the zoning and building codes, the following
additional requirements shall be met by massage establishments:
A. A recognizable and readable sign shall be posted at the main entrance
identifying the establishment; provided, that all such signs shall comply with the sign
regulations of the city.
B. Fire and Safety Requirements. Maximum occupancy load, fire exits, aisles
and fire equipment shall be regulated, designed and provided in accordance with the
fire department and building department regulations and standards.
C. Building Openings. All building openings, entries, windows, etc., shall be
located, covered or screened in such a manner as to prevent a view from the outside of
the building into dressing rooms, treatment rooms, restrooms, and other areas where
patrons of the business may not be fully dressed.
D. Lighting in Parking Lots. Lighting shall be in compliance with Chapter
24.16 of the municipal code.
E. Construction of rooms used for toilets, baths and showers shall be made
waterproof with approved waterproofed materials and shall be installed in accordance
with the city building code. Plumbing fixtures shall be installed in accordance with the
city plumbing code:
1. Steam rooms and shower compartments shall have waterproof floors,
walls and ceilings approved by the city;
2. Floors of wet and dry heat rooms shall be adequately pitched to one or
more floor drains properly connected to the sewer. Exception: dry heat rooms with
wooden floors need not be provided with pitched floors and floor drains;
3. A source of hot water must be available within the immediate vicinity of dry
and wet heat rooms to facilitate cleaning.
F. Toilet facilities shall be provided in convenient locations. When employees
and patrons of different sexes are on the premises at the same time, separate toilet
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facilities shall be provided for each sex. A single water closet per sex shall be provided
for each twenty or more employees or patrons of that sex on the premises at any one
time. Urinals may be substituted for water closets after one water closet has been
provided. Toilets shall be designated as to the sex accommodated therein;
G. Hot and cold running water under pressure from a potable source shall be
provided to all washbasins, bathtubs, showers, and similar facilities. Each water basin
shall be provided with soap or detergent and single -service towels placed in
permanently installed dispensers. A trash receptacle shall be provided in each room
where such facilities are located. In addition to the washbasin provided for patrons, a
minimum of one separate washbasin shall be located within or as close as practicable
to each area in which massages are administered and baths taken.
H. Provide minimum lighting in accordance with the Uniform Building Code,
and in addition, at least one artificial light of not less than forty watts shall be provided in
each enclosed room where massage services are being performed on a patron. (Ord.
870 § 2 (Exhibit A) (part), 1998)
5.87.070 Special events permit required.
When extra massagists are required for a special event at or organized by an
approved massage establishment, the owner, manager, or operator of the
establishment must supply the city with a list of massagists who will be working at the
event, copies of their certifications, copies of licenses they may hold in other cities, or
under the CMTC, and any other information the city may reasonably require, not less
than two weeks before the date of the event, and pay a fee for a one -day permit, the
amount of the fee to be set by the city council. Nothing in this section is to be construed
to permit such massagists from performing massage at any other location in the city at
any other time, unless each massagist has fulfilled the requirements of Chapter 5.90
and has a current permit to perform massage, or has been licensed by the CMTC.
(Ord. 993 § 3 (part), 2002; Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.080 Application for massagist's permit —Types of permits.
A. Except as provided in Section 5.87.135 any person desirous of
engaging in the practice of massage, as massage is defined in this chapter, must first
secure either a site specific or citywide massagist's permit. Application shall be made to
the city manager in the same manner as provided herein for massage establishment
permits. The application shall contain the following:
1. The business address and all telephone numbers where the massage is to
be practiced;
2. Name, including all names, nicknames and aliases by which the applicant
has been known; and residence address, including the two previous addresses
immediately prior to the present address of the applicant;
ORDINANCE NO. 1215
3. Social security number, driver's license number, if any, and date of birth;
4. Applicant's weight, height, color of hair and eyes, and sex;
5. Written evidence that applicant is at least eighteen years of age;
6. A complete statement of all convictions of the applicant for any felony or
misdemeanor or violation of a local ordinance, except misdemeanor traffic violations;
7. Fingerprints of the applicant taken by the police department; or proof of
having obtained a valid massage permit or license in another Coachella Valley city
which requires equivalent fingerprint investigation as determined by the Riverside
County sheriff's department, said permit or license to have been obtained within one
year of the date of application to this city. and this city retaining the right to confirm the
validity of the license and the applicant's record for the preceding two years in the city
where the license or permit was obtained. If fingerprints have already been obtained in
another city, the fee will be reduced appropriately;
8. Two front -face portrait photographs taken within thirty days of the date of
application and at least two inches by two inches in size;
9. Training.
a. Citywide Massagist's Permit and Massage Establishment Permit.
Transcript or certificate of completion verifying not less than five hundred hours of
training from any school or educational institution licensed or approved in the state it is
located, whose purpose it is to upgrade the professionalism of massagists and which
teaches the theory, ethics, practice, profession or work of massage. Schools offering
correspondence courses not requiring actual attendance at classes shall not be deemed
a "recognized school,"
b. Site Specific Massagist's Permit. Transcript or certificate of completion
verifying not less than three hundred hours of training from any school or educational
institution licensed or approved in the state it is located whose purpose it is to upgrade
the professionalism of massagist and which teaches the theory, ethics, practice,
profession or work of massage. Schools offering correspondence courses not requiring
actual attendance at classes shall not be deemed a "recognized school." With the
minimum hours of certified training, applicant shall also submit a letter of intent to
employ from an approved massage establishment or physician, surgeon, chiropractor,
osteopath or healing art office shall be required. This letter shall state that the massage
establishment operator has reviewed the applicant's qualifications and that the applicant
has met the requirements necessary to perform massage treatments working under
supervision at that facility;
10. The massage or similar business history and experience ten years prior to
the date of application, including, but not limited to, whether or not such person, in
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previously operating in this or another city or state under license or permit, has had
such license or permit denied, revoked or suspended, and the reasons therefore, and
the business activities or occupations subsequent to such action of denial, suspension
or revocation. This expressly includes any license denial, suspension, revocation
or any other disciplinary action taken by any agency or non-profit operated or
organized by the state to license or otherwise regulate massage technicians,
including the CMTC;
11. The names, current addresses and written statements of at least five bona
fide permanent residents, other than relatives, of the United States that the applicant is
of good moral character. If the applicant is able, the statement must first be furnished
from residents of the city, then the county, then the state of California and lastly from the
rest of the United States;
12. A medical certificate signed by a physician, licensed to practice in the
state of California, within thirty days of the date of the application, or proof of having
obtained a valid massage permit or license in another Coachella city which requires a
medical certificate, and a copy of such medical certificate, said permit or license to have
been obtained within ninety days of the date of application to this city, and this city
retaining the right to confirm the validity of the license. The certificate shall state that the
applicant was examined by the certifying physician and that the applicant is free of
communicable disease. The additional information required by this subsection shall be
provided at the applicant's expense; -
13. Such other information, identification and physical examination of the
person deemed necessary by the city police in order to discover the truth of the matters
required to be set forth in the application;
14. 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 qualifications of the applicant for the permit;
15. Written declaration by the applicant, under penalty of perjury, that the
foregoing information contained in the application is true and correct, said declaration
being duly dated and signed in the city.
B. Site Specific Massagist's Permit Limitations. A site specific massagist's
permit shall allow the holder of such permit to engage in the practice of massage only at
approved massage establishments or physician, surgeon, chiropractor, osteopath or
healing art offices.
C. Temporary Permits. The city manager may issue a temporary massagist's
permit to any person whose application is pending for a massagist's permit who has
shown, to the satisfaction of the city manager, that he or she has a massagist's permit
in good standing in another jurisdiction which has comparable licensing provisions,
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including requirements for fingerprinting, a medical clearance and a background check.
(Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.085 Outcall massage endorsement
A. A massagist permit may be approved authorizing a permittee to
perform outcall massage if all the requirements of Chapter 5.87 are met, including
association with a licensed massage establishment legally conducting business
in the City of Palm Desert with a sworn affidavit from an employer. In addition to
these requirements, the massagist must have:
1. Completed a course of instruction of not less than five hundred
hours, conducted at a school recognized, approved or accredited by the
American Massage Therapy Association or by a professional association of
similar statue; and
2. Current certification as a massage therapist (MS.T) or a registered
massage therapist (RM.T) by the American Massage Therapy Association or has
an equivalent certification.
5.87.090 Massage establishment operating requirements.
Each massage establishment shall comply with each of the following
requirements:
A. Conduct, or otherwise operate, a massage business only between the
hours of seven a.m. and twelve midnight or as specified in the approved Conditional
Use Permit.
B. Post a list of services available, described in readily understandable
language, and the cost of such services in a conspicuous place on the premises.
C. Display the permit, and a copy of the permit of each massagist therein, in
a conspicuous place on the premises.
D. Maintain a record which includes the date and time of each massage, the
name and address of the patron, the name of the person administering such massage,
and the type of massage given. Such records will be made available upon request
based on good cause, for inspection by the city manager or police chief, or their
designees. The information contained in such records shall be confidential.
E. The premises shall have adequate equipment for disinfecting and
sterilizing nondisposable instruments and materials used in administering massages.
Such nondisposable instruments and materials shall be disinfected after each use on
each patron.
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F. All employees, including massagists, shall be clean and wear clean,
nontransparent outer garments, covering their specified anatomical areas.
G. Amplified Sound. No loudspeakers or sound equipment shall be used by a
massage establishment for amplification of sound to a level discernible by the public
beyond the walls of the building in which use is conducted.
H. No person shall give, or assist in the giving of, any massage or other body
treatment to any other person under the age of eighteen years, unless the parent or
guardian of the minor person has consented thereto in writing.
I. Placement of Permit. The permit required by this chapter shall be
displayed in a prominent place.
J. Maintain walls, ceilings, floor, pools, showers, bathtubs, water basins,
toilets, wet and dry heat rooms, steam or vapor rooms and cabinets and all other
facilities in good repair and in a clean and sanitary condition. Showers, water basins,
toilets, wet and dry heat rooms, steam or vapor rooms, and cabinets and compartments
shall be thoroughly cleaned at least once each day the massage business is in
operation. Bathtubs shall be thoroughly cleaned after each use.
K. Provide clean and sanitary towels, sheets and linens for each person. No
common usage of sheets, towels and linens shall be permitted. Towels, sheets and
linens shall be provided in sufficient quantity and shall not be used by more than one
person unless such towels, sheets and linens have been relaundered. Separate closed
cabinets or containers shall be provided for the storage of clean and soiled towels,
sheets and linens, and such cabinets or containers shall be plainly marked "clean linen"
and "soiled linen."
L. Cover pad used on massage tables in workmanlike manner with durable,
washable plastic or other waterproof material.
M. Unlock all exterior doors from interior side during business hours.
N. No massage establishment granted a license under the provisions of this
chapter shall place, publish or distribute, or cause to be placed, published or distributed,
any advertisement, picture or statement which is known, or through the exercise of
reasonable care should be known, to be false, deceptive or misleading in order to
induce any person to purchase or utilize any professional massage service.
O. It is unlawful for any massage service to be carried on within any cubicle,
room, booth, or any area within a permitted establishment which is fitted with a door
capable of being locked. Toilets and cubicles used solely for the application of liquid and
vapor baths shall be clearly marked as to purpose on the exterior door or curtain of said
cubicle, room, or booth. Nothing contained herein shall be construed to eliminate other
requirements of statute, ordinance or municipal code concerning the maintenance of
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premises, nor to preclude authorized inspection thereof, whenever such inspection is
deemed necessary by the code enforcement, the police or health departments.
P. No permitted establishment shall operate as a school of massage, or
operate in the same location. or use the same facilities as that of a school of massage
except as otherwise may be provided by law. (Ord. 870 § 2 (Exhibit A) (part), 1998)
Q. No person operating a massage establishment shall permit
communication devices to be installed or used in any manner on the premises so
as to interfere with or hinder inspections by Code or law enforcement officers.
R. No person or persons shall be allowed to live or sleep inside the
massage establishment at any time.
S. Massage businesses that employ one or more CMTC-certified
practitioners or therapists must maintain evidence of their massage
professionals' CMTC certifications for City review.
5.87.100 Prohibition regarding specified anatomical areas.
A. It is unlawful for any massagist or any person on the premises of a
massage establishment to expose to any other person or touch any specified
anatomical areas, whether his or her own, or those of a client.
B. It is unlawful for any person owning, operating, or managing a massage
establishment knowingly to cause, allow, or permit in or about such massage
establishment any agent, employee or any other person under his control or supervision
to permit acts in violation of Chapter 5.90, including, specifically, Section 5.90.140
(Therapists dress and identification) and Section 5.90.150 (Other prohibited activities).
C. Any violation of these provisions shall be deemed grounds for revocation
of the permit granted hereunder. (Ord. 993 § 3 (part), 2002; Ord. 870 § 2 (Exhibit A)
(part), 1998)
5.87.110 Employment of and services rendered to minors prohibited.
No holder of a massage establishment permit shall employ any person under
eighteen years of age without written parental consent; nor shall such permittee provide
any service for which it requires said permit to any patron, customer or person under
eighteen years of age, except at the special instance and request of a parent, guardian,
or other person in lawful custody of the minor upon whose behalf the massage service
is requested. (Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.120 Exemptions.
The provisions of this chapter shall not apply to:
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A. Any physician, surgeon, chiropractor, osteopath, or acupuncturist or any
nurse or physical therapist working under the supervision of a physician, surgeon,
chiropractor, osteopath, or acupuncturist duly licensed to practice their respective
professions in the state of California. Practical nurses or other persons without
qualifications as massagists or other persons not duly licensed by the state to practice
pursuant to the Medical Practice Act, whether employed by a physician, surgeon,
chiropractor, osteopath, or acupuncturist, may not give massages or massage
procedures without obtaining a massagist's permit.
B. The requirements of this chapter shall not apply to any treatment
administered in good faith in any course of the practice of any healing art or profession
by any person licensed to practice any such art or profession under the Business and
Professions Code of the state or any other law of the state.
C. Barbers, beauticians, manicurists, and pedicurists who are duly licensed
under the laws of the state of California without qualifications as a massagist, except
that this exemption shall apply solely to the massaging of the scalp, face, neck, arms,
hands, or feet of the customer or client for cosmetic or beautifying purposes.
D. Massages or massage procedures as provided by or in connection with a
physician, surgeon, chiropractor, osteopath or healing art office shall be ancillary to and
a part of a physician, surgeon, chiropractor, osteopath or healing art office. The
massage portion of the use shall be a minor use and the physician, surgeon,
chiropractor, osteopath or healing art office use shall be the major use, with the
massage portion of the use not occupying a significant or substantial portion of the
business. The requirements of this chapter regarding massage establishments shall not
apply to this minor, ancillary use. (Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.130 Massaae establishment —Application for permit.
Any person, association, partnership or corporation desiring to obtain a business
license tax certificate and a permit for a massage establishment, shall make an
application, under oath, to the city manager upon a form provided by the city manager
showing:
A. The name, current permanent residential address and telephone number
of the applicant;
B. The business name, proposed business address of the massage
establishment, and its telephone number. If the applicant is a corporation, the name
shall be exactly as set forth in its articles of incorporation. If the corporation is not
publicly traded, it shall provide a copy of it articles of incorporation and shall show the
name, residence address of each of the officers, directors, and each stockholder owning
not less than ten percent of the stock of the corporation and the address of the
corporation itself, if different than the address of the massage establishment. If the
applicant is a partnership, the application shall show the name and address of each of
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the partners, including limited partners, and the address of the partnership itself, if
different from the address of the massage establishment;
C. The name and permanent address of the owner of the property upon
which the applicant intends to locate the massage establishment. If the property owner
is a corporation, the name shall be exactly as set forth in its articles of incorporation. If
the corporation is not a publicly traded corporation, the applicant shall show the name
and residence address of each of the officers, directors and stockholders owning not
less than ten percent of the stock of the corporation. If the property owner is a
partnership, the applicant shall show the name and residence address of each of its
partners, including limited partners;
D. In the event the applicant is not the owner of record of the real property
upon which the massage establishment is or will be located, the application must be
accompanied by a notarized statement from the owner of record of the real property
acknowledging that a massage establishment is or will be located on the property. In
addition, the applicant must furnish a copy of the lease or rental agreement pertaining to
the premises in which the massage establishment will be located;
E. The date, hours and location where the massage establishment is
proposed to be conducted, and the admission fee, if any, to be charged;
F. The name(s) or person(s) having the management or supervision of the
applicant's business,-
G. Whether or not the applicant has been convicted of a crime, the nature of
such offense, the date of conviction, place convicted, and the sentence received
therefore. If the applicant is a non -publicly traded corporation, this requirement applies
to each of the officers, directors, and/or stockholders owning not less than ten percent
of the stock of the corporation. If the applicant is a partnership, this requirement applies
to each of the partners, including limited partners;
H. Whether or not the applicant has ever had any similar license or permit
issued by such agency revoked or suspended, or has had any professional or
vocational license or permit revoked or suspended, and the reasons therefore, and the
business activity or occupation subsequent to such action of suspension or revocation.
If the applicant is a non -publicly traded corporation, this requirement applies to each of
the officers, directors and/or stockholders owning not less than ten percent of the stock
of the corporation. If the applicant is a partnership, this requirement applies to each of
the partners, including limited partners;
I. Driver's license or other acceptable identification and social security
number of the applicant. If the applicant is a non -publicly traded corporation, this
requirement applies to each of the officers, directors, and/or stockholders owning not
less than ten percent of the stock of the corporation. If the applicant is a partnership,
this requirement applies to each of the partners, including limited partners;
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J. Acceptable written proof that the applicant is at least eighteen years of
age. If the applicant is a non -publicly traded corporation, this requirement applies to
each of the officers, directors and/or stockholders owning not less than ten percent of
the stock of the corporation. If the applicant is a partnership, this requirement applies to
each of the partners, including limited partners:
K. The height, weight, color of eyes, color of hair and date of birth of the
applicant. If the applicant is a non -publicly traded corporation this requirement applies to
all officers, directors and/or stockholders owning not less than ten percent of the stock
of the corporation. If the applicant is a partnership, this requirement applies to all
partners, including limited partners;
L. The business, occupation or employment history of the applicant for the
last ten-year period immediately preceding the date of filing for the application. If the
applicant is a non -publicly traded corporation, this requirement applies to each of the
officers, directors, and/or stockholders owning not less than ten percent of the stock of
the corporation. If the applicant is a partnership, this requirement applies to each of the
partners, including limited partners;
M. Each residential and business address of the applicant for the ten-year
period immediately preceding the date of the filing of the application. If the applicant is a
non -publicly traded corporation, this requirement applies to each of the officers,
directors, and/or stockholders owning not less than ten percent of the stock of the
corporation. If the applicant is a partnership, this requirement applies to each of the
partners, including limited partners;
N. One front -face portrait photograph of the applicant at least two inches by
two inches and a complete set of applicant's fingerprints which shall be taken by the city
police. If the applicant is a non -publicly traded corporation, one front -face photograph at
least two inches by two inches of all officers, directors, and stockholders owning not
less than ten percent of the stock of said corporation and a complete set of the same
officers', directors', and stockholders' fingerprints which shall be taken by the city police;
O. The name and address of each massagist who is or will be employed in
said establishment;
P. Applicant must furnish a diploma or certificate of graduation (i) from a
recognized school of massage or (ii) certified by the National Certification Board for
Therapeutic Massage and Bodywork. Certified transcripts from a recognized school of
massage verifying that the applicant has successfully completed a course of study
requiring at least five hundred hours of massage therapy. However, if the applicant will
not personally engage in the practice of massage or the day-to-day operation of a
massage establishment, as defined herein, the applicant need not possess such
diploma or certificate, but must have a manager with the five hundred hours of training
from a recognized school of massage;
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Q. The name and address of any other massage establishment owned or
operated by any person whose name is required to be given in subsection B of this
section;
R. A description of any other business to be operated on the same premises
or on adjoining premises owned or controlled by the applicant. If the applicant is a non -
publicly traded corporation, this requirement applies to each of the officers, directors,
and/or stockholders owning not less than ten percent of the stock of the corporation. If
the applicant is a partnership, this requirement applies to each of the partners, including
limited partners;
S. 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 the qualifications of the applicant for the permit;
T. Such other identification and information necessary to discover the truth of
the matters hereinbefore specified as required to be set forth in the application;
U. Applicant must furnish for any person whose name is required to be given
in subsection F the information required by subsections A, I, J, K, L, M, N, P, Q, S, and
T of this section.
The holder of the permit for a massage establishment shall notify the city's
department of code enforcement and Business Licenses of each change in any of the
data required to be furnished by this section within ten days after such change occurs.
(Ord. 993 § 3 (part), 2002; Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.135 Effect of California Massage Therapy Council Certification
A. Notwithstanding any provision of this article to the contrary, any
person who owns or operates a massage establishment shall not be required to
obtain a massage establishment permit pursuant to this Chapter provided any of
the following is true:
1. The massage establishment is a sole proprietorship and the sole
proprietor possesses and maintains a current, valid massage technician
certification issued by the CMTC.
2. The massage establishment only employs or uses massage
technicians who possess and maintain current, valid massage technician
certification issued by the CMTC.
B. This section does not exempt or excuse any massage technician or
massage establishment from complying with all other applicable requirements
and provisions of this article or code, including obtaining a valid business license
pursuant to Section 5.87.130. Massage establishments exempt from the
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permitting requirements of this Chapter pursuant to subsection A. shall file a
copy of the massage technician certifications issued by the CMTC for all
massage technicians who will be employed by the establishment with the
establishment's application for a business license. Massage establishments
shall file copies of CMTC certifications with the city as necessary to ensure the
city has a copy of the applicable CMTC certification for all massagists employed
or operating out of the establishment at any time.
5.87.140 Renewal of permit.
Upon application for a renewal permit, the applicant shall provide all of the
information set forth in Section 5.87.140, to the extent that such information is different
than the information contained on previous applications. Renewals shall include a
medical certificate as specified in 5.87.080Al2. (Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.150 Investigation.
A. After an application for permit has been filed with the director, he or she
shall cause an investigation to be made by the city's business licenses division. The
director shall refer copies of the application to the following departments and agencies
within five days of receipt of the application: department of building and safety,
department of community services and planning, police department, Riverside County
health department, Riverside County fire marshal. These departments and agencies
shall, within thirty days, inspect the premises proposed to operated as a massage
establishment and shall make written verification to the director concerning compliance
with the Palm Desert Municipal Code and the Codes of Riverside County and state of
California that they administer. If such premises are not in compliance, the director shall
notify the applicant, in writing, of the deficiencies, and shall cause the reinspection of
such premises to be made upon written request for reinspection by the applicant;
provided, however, that such request for reinspection is made within thirty days after
notice of noncompliance has been given by the director. The application shall further be
referred to the city's police department for investigation of the applicant's character and
qualifications. (Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.160 Approval of permits.
The director shall grant an application for permit within thirty days after receipt of
all information necessary for such decision including results of the investigation as
specified in Section 5.87.150, if the following findings made:
A. Massage establishment location has been granted conditional use permit
approval per Section 5.87.040;
B. The conduct of the permittee, as proposed by the applicant, if permitted,
will comply with all applicable laws, including but not limited to the city's building, zoning
and health regulations, including the provisions of this chapter;
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C. The applicant has not knowingly made any false, misleading or fraudulent
statements of fact in the permit application, or any other document required by the city
in conjunction therewith; if the applicant is a non -publicly traded corporation, this
requirement applies to each of the officers, directors, and/or stockholders owning not
less than ten percent of the stock in the corporation. If the application is a partnership,
this requirement applies to each of the partners, including limited partners;
D. The applicant or any other person who will be directly engaged in the
management and operation of the place of massage establishment has not been
convicted of disqualifying conduct, as defined by Section 5.90.010:
1. Has not done any act involving dishonesty, fraud or deceit with the intent
to substantially benefit himself, herself, or another, or substantially injure another, or
2. Has not been convicted of any crime. A conviction shall mean a plea or
verdict of guilty or conviction following a plea of nolo contendere, unless the conviction
was so remote in time as to indicate that the applicant has been rehabilitated, or the
applicant has presented evidence to the chief of police which shows to the satisfaction
of the chief of police that the applicant has been rehabilitated,
3. The act or crime referred to in subsections C1 or C2 of this section must
be substantially related to the qualifications, functions or duties of a person engaged in
the business or practice of massage establishment:
E. The correct permit fee has been tendered to the city and, in the case of a
check or bank draft, honored with payment upon presentation;
F. The applicant has not had a massage establishment or massagist's permit
denied, revoked or suspended by the city, or any other state or local agency, within five
years prior to the date of the application;
G. The applicant, if an individual, or any of the officers, directors, and
stockholders who own not less than ten percent of the stock of said corporation, if the
applicant is a non -publicly traded corporation; or any of the partners, including limited
partners, if the applicant is a partnership; and the manager or other person principally in
charge of the operation of the business, is not under the age of eighteen years. If the
applicant is a non -publicly traded corporation, this requirement applies to each of the
officers, directors and/or stockholders owning not less than ten percent of the stock of
the corporation. If the applicant is a partnership, this requirement applies to each of the
partners, including limited partners. (Ord. 993 § 3 (part), 2002: Ord. 870 § 2 (Exhibit A)
(part), 1998)
5.87.170 Denial of application.
If the application is denied, the city manager shall promptly give the applicant
notice thereof and the findings for such denial. The applicant aggrieved by the action of
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the city manager may appeal by filing a written appeal, within ten days of the notice of
denial, with the city clerk. The city council shall set a time and place for a public hearing
of the appeal, or may refer the matter to a hearing officer. The city council may decide
the matter based on the recommendations and findings of the hearing officer, if it so
chooses. The decision of the city council shall be final. (Ord. 870 § 2 (Exhibit A) (part),
1998)
5.87.180 Suspension, revocation of permit.
A. The city manager shall suspend or revoke any permit issued under this
chapter if he finds and determines that:
1. The business as conducted by permittee, its agent(s) or employee(s), or
any person(s) connected or associated with the permittee as partner, director, officer,
general manager or any other person(s), who is exercising managerial authority of, or
on behalf of permittee acting under the authority of such permit, does not comply with all
applicable laws, including but not limited to the city's building, zoning and health
regulations; or
2. Permittee, its agent(s) or employee(s), or any person connected or
associated with the permittee as partner, director, officer or general manager or other
person(s), who is exercising managerial authority of, or on behalf of permittee, acting
under the authority of such permit, has:
a. Knowingly procured said permit by false statements, representations or
nondisclosure of a material fact when such fact would have constituted good cause for
denying the application for such permit or any document required by the city in
conjunction therewith, or
b. Ceased to meet any of the requirements for issuance of a permit, or
C. Failed to enforce the regulations set forth in this chapter or to cooperate
with the police department by promptly reporting any fight, brawl or other unlawful
activities occurring on the premises, or
d. Operated or allowed a person in charge of the premises to operate the
premises for which the permit has been issued in an illegal or disorderly manner, or
e. Noise from the establishment for which the permit was issued interferes
with the peace and quiet of the neighborhood, or
f. The applicant has been convicted of disqualifying conduct, as defined in
Section 5.90.010.
3. A CMTC-certified establishment can no longer demonstrate that it
operates according to Business and Professions Code Section 4600 et seq.
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B. Such denial may be made only if the act or crime referred to in subsection
A.2.f of this section must be substantially related to the qualifications, functions or
duties of a person engaged in the business or practice of massage establishment. (Ord.
993 § 3 (part), 2002; Ord. 870 § 2 (Exhibit A) (part), 1998)
C. Nothing in the procedures for suspension set forth in this section
shall prohibit the city manager or his designee from taking immediate action to
suspend any license or permit described in this Chapter if it is determined that:
1. The holder of such permit or any of his employees has violated or
permitted to be violated any of the general regulations set forth in this chapter,
2. The holder of such permit or any of his employees has violated, or
permitted on the premises to be violated any state laws or regulations of which
constitutes grounds for denial, suspension or revocation as set forth in this
chapter,
3. There is an urgency of immediate action to protect the public from
injury or harm, or
4. A license or permit has been issued based on material
misrepresentations in the application and for the material misrepresentations the
license or permit would not have been issued.
D. The suspension shall be effective immediately by the city manager or
his designees. Such suspension shall be accomplished by posting a notice
thereof on the premises. Such notice shall state the reasons for the suspension.
The city manager or his designees shall direct or cause the premises to be closed
and locked against use by the public in order to insure compliance with an order
of suspension. The aggrieved party may pursue a subsequent appeal or hearing
by following the procedures set forth in this chapter.
E. It is unlawful for any person to conduct the business of a massage
establishment or carry on the business of massage while the massage
establishment permit remains suspended pending a hearing.
5.87.190 Inspection required.
The city shall, from time to time, make inspection of each massage establishment
for the purposes of determining that the provisions of this chapter are fully complied
with. It is unlawful for any permittee to fail to allow such inspection officers to the
premises or hinder such officer in any manner. During an inspection, law
enforcement officers may also verify the identity of all employees. (Ord. 870 § 2
(Exhibit A) (part), 1998)
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5.87.200 Penalties.
Any person violating any of the provisions or failing to comply with any of the
requirements of this chapter shall be guilty of a misdemeanor and upon conviction
thereof, shall be punishable by a fine not to exceed five hundred dollars, or by
imprisonment in the county jail for a period of not more than six months, or by both such
fine and imprisonment. Each day a violation is committed or permitted to continue shall
constitute a separate offense. (Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.210 Other remedies
The provisions of Section 5.87.200 are not to be construed as exclusive
remedies and, in the event of violation, the city may pursue any proceedings or
remedies otherwise provided by law. (Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.220 Conducting a business as a nuisance.
Any massage establishment operated, conducted or maintained contrary to the
provisions of this chapter is unlawful and a public nuisance, and the city attorney may,
in addition to or in lieu of prosecuting a criminal action, commence an action(s) or
proceeding(s), for the abatement, removal or enjoinment thereof, in the manner
provided by law; and shall take such other steps and shall apply to such court(s) as may
have jurisdiction to grant such relief as will abate or remove such businesses and
restrain and enjoin any person from operating, conducting or maintaining a massage
establishment contrary to the provisions of this chapter. (Ord. 870 § 2 (Exhibit A) (part),
1998)
5.87.230 Sale or transfer or change of location.
Upon sale, transfer or relocation of a massage establishment the permit therefor
shall be null and void unless approved as provided in Section 5.87.160; provided,
however, that upon the death or incapacity of the permittee, heir or devisee of a
deceased permittee, or any guardian of an heir or devisee of a deceased permittee,
may continue the massage establishment for a reasonable period of time not to exceed
sixty days to allow for an orderly transfer of the permit. (Ord. 870 § 2 (Exhibit A) (part),
1998)
5.87.240 Transfer of permit.
No permit shall be transferable except with the consent of the city manager. An
application for such transfer shall be in writing and shall be accompanied by fees
prescribed in Section 5.87.030. The written application for such transfer shall contain
the same information as requested in this chapter for initial application for the permit.
(Ord. 870 § 2 (Exhibit A) (part), 1998)
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ORDINANCE NO. 1215 EXHIBIT B
Chapter 5.90 MASSAGISTS PERMITS
5.90.010 Definitions.
A. Applicant means the individual seeking a permit pursuant to this Chapter.
B. California Massage Therapy Council (CMTC) means a state -
organized non-profit organization created to regulate the massage industry as set
forth in Chapter 10.5 of Division 2 of the Business and Professions Code of this
state (commencing with section 4600.)
C. Certified copy means a copy of a document that is certified by the issuer
as being a true and accurate copy of the original document or a similar document
bearing an original signature of the issuer.
D. Certified statement means a written assertion, claim or declaration bearing
the original signature of the issuer.
E. Coachella Valley Model Massage Ordinance means the provisions of the
ordinance codified in this chapter as adopted by this or any other jurisdiction within the
Coachella Valley.
F. Communicable disease means tuberculosis, or any disease, which may
be transmitted from a massage therapist to a patron through normal physical contact
during the performance of any massage service.
G. Complete application means an application, which provides all of the
requisite information required to be provided by an applicant pursuant to this chapter.
H. Disqualifying conduct means any of the following when occurring within
five years of any application made pursuant to this chapter:
1. Pandering as set forth in California Penal Code Section 266i;
2. Keeping or residing in a house of ill -fame as set forth in California Penal
Code Section 315;
3. Keeping a house for the purpose of assignation or prostitution, or other
disorderly house as set forth in California Penal Code Section 316;
4. Prevailing upon a person to visit a place of illegal gambling or prostitution
as set forth in California Penal Code Section 318;
5. Lewd conduct as set forth in California Penal Code Section 647,
subdivision (a);
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6. Prostitution activities as set forth in California Penal Code Section 647, '
subdivision (b);
7. Any offense committed in any other state which, if committed or attempted
in this state, would have been punishable as one or more of the offenses set forth in
California Penal Code Sections 266(i), 315, 316, 318 or 647, subdivisions (a) or (b);
8. Any felony offense involving the sale of any controlled substance specified
in California Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058;
9. Any offense committed in any other state which, if committed or attempted
in this state, would have been punishable as a felony offense involving the sale of any
controlled substance specified in California Health and Safety Code Sections 11054,
11055, 11056, 11057 or 11058;
10. Any misdemeanor or felony offense which relates directly to the practice of
massage therapy, whether as a massage therapy business owner or operator, or as a
massage therapist; or
11. Any felony the commission of which occurred on the premises of a
massage therapy establishment.
I. Filing date of application means the date on which the permit administrator
determines that a complete application pursuant to this chapter has been submitted to
the permit administrator by the applicant.
J. Full nudity or semi -nudity means any of the following: (a) the appearance
or display of an anus, male or female genital, pubic region or a female breast below a
point immediately above the top of the areola, and/or (b) a state of undress which less
than completely and opaquely covers an anus, male or female genital, pubic region or a
female breast below a point immediately above the top of the areola.
K. Manager means the individual(s) who is (are) responsible for the
management and/or supervision of a massage therapy business.
L. Massage or massage therapy means any method of pressure on, or
friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or
stimulating the external parts of the human body with the hands or with the aid of any
mechanical or electrical apparatus or appliances, with or without supplementary aids
such as creams, ointments, or other similar preparations commonly used in the practice
of massage, under such circumstances that it is reasonably expected that the person to
whom the treatment is provided or some third person on his or her behalf will pay
money or give any other consideration or any gratuity therefore. Massage and massage
therapy includes such manipulation of the body or similar procedures described in this
paragraph that are performed in hydrotherapy, spa or similar bath facilities.
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ORDINANCE NO. 1215
M. Massage therapy establishment means any establishment having a fixed
place of business for the purpose of deriving income or compensation from massage
therapy services, whether or not massage is performed on the premises.
N. Massage therapist means an individual who, for any consideration
whatsoever, performs or offers to perform a massage. The terms "massage
therapist," "massage practitioner," or any other terms used within the massage
industry are included within this definition for the purposes of this ordinance.
This definition shall also include anyone operating pursuant to a valid "massage
therapist" or "massage practitioner" certification issued by the California
Massage Therapy Council (CMTC).
O. Operator means any of the following: (a) the owner, (b) the permit holder
and applicants) therefore, (c) custodian, (d) manager, or (e) person in charge of any
massage therapy establishment.
P. Off -premises massage means a massage performed at a location that is
not a massage therapy establishment for which a permit to operate as a massage
therapy establishment has been granted by the city.
Q. Patron means any person who receives a massage in exchange for any
form of consideration including, but not limited to, the payment of money.
R. Permit means the written license to engage in the practice of massage for
compensation as required by the Coachella Valley Model Massage Ordinance. A
reciprocal permit means a permit issued by this jurisdiction based solely on the fact the
applicant holds a valid massage therapist permit issued by another jurisdiction pursuant
to the Coachella Valley Model Massage Ordinance. An original permit means a
massage therapist permit issued by this jurisdiction without regard to whether or not
applicant holds a massage therapist permit issued by another jurisdiction.
S. Permit administrator means the designated official responsible for issuing,
revoking and otherwise administering any provision of this chapter.
T. Permittee means the person to whom a permit has been issued pursuant
to the Coachella Valley Model Massage Ordinance and the applicants therefore.
U. Person means any of the following: (a) an individual, (b) a proprietorship,
(c) a partnership, (d) a corporation, (e) an association, (f) a limited liability company or
(g) any other legal entity.
V. Physicians certificate means a certified statement from a physician
licensed to practice medicine in the United States that provides that the applicant has,
within sixty days prior to the filing date of the application, been examined by said
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ORDINANCE NO. 1215
physician and it has been determined that the applicant is free of any communicable
disease as defined in this chapter.
W. Recognized school of massage means any school or educational
institution licensed or approved by the state in which it is located, whose purpose it is to
upgrade the professionalism of massage therapists and which teaches the theory,
ethics, practice, profession or work of massage and which requires a resident course of
study before the student shall be furnished with a diploma or a certificate of graduation
from such school or institution of learning following the successful completion of such
course of study or learning. Schools offering a correspondence course not requiring
actual attendance shall not be deemed a recognized school.
X. Specified anatomical area means human genitals, pubic region, anus or a
female breast below a point immediately above the top of the areola.
Y. Specified sexual activities means any of the following: (a) the fondling or
other erotic touching of human genitals, pubic region, anus or female breasts, (b) sex
acts, normal or perverted, actual or simulated, including, but not limited to, intercourse,
oral copulation, masturbation or sodomy, or (c) excretory functions as part of or in
connection with the fondling or other erotic touching of human genitals, pubic region,
buttocks, anus or female breasts, sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation, masturbation or sodomy. (Ord. 993 § 4 (part), ww.
2002)
5.90.020 Massage therapy permits required.
A. Massage Therapist Permit. Except as expressly provided in this chapter,
only a person holding a current massage therapist permit issued pursuant to this
chapter shall perform or offer to perform massage therapy at a massage therapy
establishment located within the city. Nothing herein shall exempt a person from zoning
or other applicable requirements set out elsewhere in this code or in the zoning
ordinance, and every person shall comply with all such requirements.
B. Off -premises Endorsement to Massage Therapist Permit. Except as
expressly provided in this chapter, no person shall perform or offer to perform an off -
premises massage unless he or she has a valid massage therapist permit, with an off -
premises endorsement, issued to him or her pursuant to the provisions of this chapter.
Nothing herein shall exempt a person from zoning or other applicable requirements set
out elsewhere in this code or in the zoning ordinance, and every person shall comply
with all such requirements.
C. Unless specifically exempted by state law, the fact that a person
possesses other types of permits and/or licenses does not exempt him or her from the
requirement of obtaining a permit that is required by this chapter. The permit
requirements of this chapter shall be in addition to the requirement of a business license
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ORDINANCE NO. 1215
set out elsewhere in this code, as well as any other license, permit or fee required by
any local, county, state or federal law. (Ord. 993 § 4 (part), 2002)
D. Each massagist shall be issued by the city an identification card which
will contain a photograph of the massagist, his or her California Department of
Motor Vehicles identification number and information to identify that the person
is holding a massagist permit from the city. The massagist shall have such card
in his or her possession at all times when acting as a massagist and shall
produce same for inspection upon request by any representative of the City of
Palm Desert or any law enforcement officer. Each massagist shall immediately
surrender to the City of Palm Desert or any law enforcement officer any
identification card issued to him or her upon suspension, revocation or expiration
of said permit or upon leaving employment as a massagist.
5.90.030 Consent.
By applying for a permit under this chapter (i.e., the Coachella Valley Model
Massage Ordinance), the applicant shall be deemed to have consented to the
provisions of this chapter and to the exercise thereunder by the permit administrator and
the city's officials, representatives and employees charged with implementing and/or
enforcing the provisions set forth in this chapter. (Ord. 993 § 4 (part), 2002)
5.90.040 Permit administrators responsibilities.
The city shall designate a permit administrator who shall be responsible for
granting or denying all permits described in this chapter and said permits shall only be
granted or denied pursuant to the provisions described herein and all other applicable
laws. If no designation is made pursuant to this provision, the city manager shall be
deemed the permit administrator.
Where used herein with respect to the permit administrators responsibilities,
words such as shall and must are not intended by the city to self -impose liability and are
instead intended only to be directory. (Ord. 993 § 4 (part), 2002)
5.90.050 Reciprocal massage therapist permit application.
A. If an applicant holds a current massage therapist permit issued by any
other jurisdiction pursuant to the Coachella Valley Model Massage Ordinance, then
application for a reciprocal massage therapist permit may be made by submission, to
the permit administrator, of all of the following:
1. A certified copy of a current massage therapist permit issued, pursuant to
the Coachella Valley Model Massage Ordinance, by any other jurisdiction;
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2. A certified copy of the original and all renewal applications related to the
massage therapist permit issued by the other jurisdiction pursuant to the Coachella
Valley Model Massage Ordinance; and
3. A nonrefundable application fee of twenty-five dollars to defray the costs
of administering this chapter.
B. If the massage therapy permit submitted in support of an application for a
reciprocal permit includes an off -premises endorsement, the application shall be
deemed an application for both a massage therapist permit and an off -premises
endorsement and no further documentation, information or fees shall be required in
order to apply for an off -premises endorsement to the reciprocal permit. (Ord. 993 § 4
(part), 2002)
5.90.060 Original massage therapist permit application.
If an applicant does not hold a current massage therapist permit issued by
another jurisdiction that has adopted the Coachella Valley Model Massage Ordinance,
application for issuance of a massage therapist permit by this jurisdiction shall be made,
under oath, on the form set out on the form provided by the city. The following
information, documents and other requirements shall be included with the submission of
all such applications:
A. The applicants legal name, any aliases and date of birth;
B. A certified letter of intent to employ from the operator of a massage
therapy establishment lawfully operating within the city. Each such letter shall verify that
the operator of the massage therapy establishment has reviewed the applicants
qualifications and that the applicant has met the requirements necessary to perform
massage therapy at that facility;
C. The applicants home and business addresses, corresponding telephone
numbers, and permanent address and telephone number, if different;
D. Written evidence that the applicant is at least eighteen years of age;
E. The previous home addresses of applicant for the ten years prior to the
filing date of the application and the dates of residency at each such address;
F. The names, addresses and descriptions of all current and former
businesses owned, operated or managed by applicant for the ten years prior to the filing
date of the application and the dates applicant owned, operated or managed each such
business;
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G. Employment history for the ten years prior to the date of application, and
all massage or similar business history and experience;
H. Two front -face portrait photographs taken within thirty days of the date of
application, at least two inches by two inches in size;
Applicants weight, height, color of hair and eyes, and sex;
J. The applicants drivers license number or identification number;
K. The applicants fingerprints taken within the previous sixty days by an
agency approved by the permit administrator;
L. The applicants social security number and/or state or federally issued tax
identification number;
M. Proof, in the form specified here, that applicant is (i) a graduate of a
recognized school of massage or (ii) certified by the National Certification Board for
Therapeutic Massage and Bodywork. Proof of certification by the National Certification
Board for Therapeutic Massage and Bodywork shall be in the form of a certified copy of
the therapeutic massage and bodywork credential issued by said board. Proof of
graduation from a recognized school of massage shall require both of the following:
1. Certified copy of the applicants diploma or certificate of graduation, or
equivalent documentation, establishing that applicant has successfully completed the
course of study for competency as a massage therapist offered by the recognized
school of massage; and
2. Certified transcript from a recognized school of massage verifying
applicant has successfully completed a course of study requiring at least three hundred
hours of massage therapy training. If the application is submitted concurrently with an
application for an off -premises endorsement, the minimum hours of training shall be as
set out below for an off -premises endorsement application;
N. A certified statement from a physician licensed to practice medicine in the
United States that provides that the applicant has, within sixty days prior to the filing
date of the application, been examined by said physician and it has been determined
that the applicant is free of any communicable disease as defined in this chapter;
O. A list of all of applicants convictions, excluding traffic violations;
P. Whether or not the applicant has ever been convicted of any disqualifying
conduct;
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Q. Whether or not the applicant is required to register as a sex offender
pursuant to the California Penal Code Section 290;
R. Whether or not applicant has had a previous permit, license or other
authority for massage services denied, suspended or revoked by any entity. If so, the
date, location and reasons for the denial, suspension or revocation;
S. Whether or not the applicant has been a sole proprietor, general partner,
officer, director, member or employee of any massage therapy business that has had a
permit, license or authority to operate a massage business denied, suspended or
revoked by any entity. If so, the applicant shall provide the name and location of the
massage therapy establishment or business for which the permit was denied,
suspended or revoked, the date of the denial, suspension or revocation, and the
reason(s) for the denial, suspension or revocation; and
T. The applicant shall provide the permit administrator with the authorization
to conduct the necessary background investigations to determine the truthfulness and
correctness of the information provided by applicant and whether the applicant is
qualified pursuant to this chapter to receive the requested massage therapist permit.
U. The applicant shall date and sign the application and declare under
penalty of perjury that the information contained in the application is true and correct.
V. The applicant shall pay a nonrefundable application deposit fee of one
hundred fifty dollars at the time of filing an application to defray the costs of
administering this chapter. (Ord. 993 § 4 (part), 2002)
5.90.070 Supplemental application for off -premises endorsement.
If an applicant does not hold a current permit with an off -premises endorsement
issued by another jurisdiction pursuant to the Coachella Valley Model Massage
Ordinance, application for an off -premises endorsement to a massage therapist permit
issued by this jurisdiction shall be made, under oath, on the form to be provided by the
city. The following information, documents and other requirements shall be included
with the submission of all such applications:
A. The applicants legal name;
B. A copy of applicants massage therapist permit issued pursuant to this
chapter, or reciprocal permit, if application therefore is not submitted concurrently;
C. Proof, in the form specified here, that applicant is (i) a graduate of a
recognized school of massage or (ii) certified by the National Certification Board for
Therapeutic Massage and Bodywork. Proof of certification by the National Certification
Board for Therapeutic Massage and Bodywork shall be in the form of a certified copy of
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the therapeutic massage and bodywork credential issued by said Board. Proof of
graduation from a recognized school of massage shall require both of the following:
1. Certified copy of the applicants diploma or certificate of graduation, or
equivalent documentation, establishing that applicant has successfully completed the
course of study for competency as a massage therapist offered by the recognized
school of massage; and
2. Certified transcript from a recognized school of massage verifying
applicant has successfully completed a course of study requiring at least five hundred
hours of massage therapy training.
D. The applicant shall provide the permit administrator with the authorization
to conduct the necessary background investigations to determine the truthfulness and
correctness of the information provided by applicant and whether the applicant is
qualified pursuant to this chapter to receive the requested off -premises endorsement.
E. The applicant shall date and sign the application, declaring under penalty
of perjury that the information contained in the application is true and correct.
F. The applicant shall pay a nonrefundable application deposit fee of fifty
dollars at the time of filing an application for an off -premises endorsement to defray the
cost of administering this chapter, which fee shall be in addition to any other permit
application fees. (Ord. 993 § 4 (part), 2002)
5.90.080 Processing The Application.
A. All applications shall be submitted to the permit administrator.
B. Upon receipt of an application and payment of the nonrefundable
application deposit fee, the permit administrator shall immediately stamp the application
as received on that date. Within thirty days thereafter, the permit administrator shall
notify the applicant if the application is deemed incomplete. Any subsequent submission
shall be deemed a new application.
C. Upon receipt of a completed application, the permit administrator shall
cause an investigation to be made by the appropriate individuals or departments as
determined by the permit administrator to be necessary for review and investigation of
the accuracy of the information contained in the application and compliance with all
applicable regulations.
D. Each department or division to which the application is submitted by the
permit administrator shall respond in writing to the permit administrator.
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E. The permit administrator shall grant or deny an application for an original ^�
permit within sixty business days of receipt of a complete application. The permit
administrator shall grant or deny a reciprocal permit or a renewal application within thirty
calendar days of receipt of a complete application therefore. (Ord. 993 § 4 (part), 2002)
5.90.090 Grounds for denial of application.
A. An application for a massage therapy permit shall be denied if the permit
administrator finds that, in the case of an application for a reciprocal permit, the
massage therapy permit or off -premises endorsement that the applicant alleges to have
been issued by another jurisdiction pursuant to the Coachella Valley Model Massage
Ordinance is not valid and/or current. In all other cases, the application shall be denied
if the permit administrator finds any of the following:
1. The applicant is not eighteen years of age or older;
2. The application contains false information;
3. The applicant did not submit either (i) a diploma or certificate of graduation
or equivalent documentation from a recognized school of massage that verifies that he
or she has obtained the requisite number of hours of massage therapy training; or (ii)
therapeutic massage and bodywork credentials issued by the National Certification
Board for Therapeutic Massage and Bodywork;
4. The applicant has been convicted of disqualifying conduct;
5. The applicant is required by the California Penal Code to register as a sex
offender;
6. The applicant has had a massage therapist permit, or a permit or license
to operate a massage therapy establishment, denied, revoked or suspended by any
entity within five years prior to the date of the application; or
7. The application is incomplete or any required information or document has
not been provided with the application.
B. If the permit administrator denies the application, he or she shall notify the
applicant of the denial in writing and state the reason(s) for the denial.
C. Any subsequent information submitted to cure the grounds of a denied
application shall be treated as a new application. (Ord. 993 § 4 (part), 2002)
5.90.100 Issuance of permit.
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A. The permit administrator shall issue the permit if there are no grounds to
deny the permit as set forth in this chapter.
B. Except as expressly provided in this chapter, no person shall perform or
offer to perform massage therapy at any location within the city unless said person has
first obtained a massage therapist permit issued pursuant to this chapter.
C. Except as to therapists with an off -premises endorsement, the operator of
a massage therapy establishment may only offer massage therapy services performed
by a massage therapist to whom a massage therapist permit has been issued by the
permit administrator.
D. A massage therapist permittee shall not perform or offer to perform
massage therapy services at any site other than a lawfully operating massage therapy
establishment unless the permittees massage therapist permit includes an off -premises
endorsement. (Ord. 993 § 4 (part), 2002)
5.90.110 Temporary permits.
A. Upon a finding of good cause therefore, the permit administrator may
issue a temporary permit to any person who possess a valid permit issued by any other
governmental entity pursuant to requirements that are similar to those set out in this
chapter, including the training, physical clearance, fingerprinting and background
investigation requirements.
B. Application for a temporary permit shall be made by written request that
includes a statement, under penalty of perjury, of the justification for a temporary permit.
Said request shall be submitted to the permit administrator, together with the following:
1. A certified copy of a valid permit issued by any other jurisdiction;
2. A certified copy of the provisions of the ordinance or other local law
pursuant to which the permit was issued by said other jurisdiction;
3. Proof of identification; and
4. A nonrefundable application deposit fee of twenty-five dollars.
C. All temporary permits shall automatically expire thirty days after the date
of issuance of the subject temporary permit. The permit administrator shall have the
discretion to extend the term of any temporary permit an additional thirty days provided
that the entire term of the subject temporary permit does not exceed a total period of
ninety days.
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D. The permit administrator may condition the issuance of a temporary permit
on any additional requirements that he or she deems necessary to assure the purpose
and policy of this chapter is met. (Ord. 993 § 4 (part), 2002)
5.90.120 Keeping application and ordinance current.
A. During the effective duration of the permit, the permittee shall promptly
update, correct or supplement the information contained in the application therefore on
file with the permit administrator when necessary to keep the information contained
therein current and accurate.
B. Where reference is made herein to any statute or other law, said reference
shall include any subsequent amendment or superseding provision thereto.
C. The fees and fines and other sums set forth in this chapter shall be in
effect until the city council or, if authority hereunder has been delegated to another
agency, the governing body thereof, shall, by resolution, fix some other rate based upon
a cost factor. (Ord. 993 § 4 (part), 2002)
5.90.130 Renewal of permit.
A. All permits shall expire one year from the date they are issued, except that
an off -premises endorsement shall expire concurrently with the corresponding massage
therapist permit.
B. Applications for renewal of a permit shall be made thirty calendar days
prior to the expiration date of the permit. As necessary to update the information
contained within the last application or renewal thereof, application for renewal shall be
in the same manner as the original application. However, to the extent that the
information previously submitted to the permit administrator remains current, a
statement to that effect shall be sufficient and no further information or documentation
shall be required except as follows:
1. Renewal of a Reciprocal Permit.
a. Where the applicant seeks to renew a reciprocal permit, application for
renewal shall include evidence that the underlying massage therapist permit has been
renewed by the issuing jurisdiction and that it remains valid and current.
b. For renewal of a Reciprocal Permit, permittee shall pay a nonrefundable
renewal application deposit fee of ten dollars to help defray the expense of
administering this chapter.
C. A reciprocal permit shall not be renewed if the underlying massage
therapist permit has expired and has not been renewed, or the underlying permit has
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been revoked, or is otherwise no longer valid. If renewal of a reciprocal permit is denied
because the underlying permit is no longer valid, permittee shall submit a complete,
original application and comply with all submission requirements set out above for
application for an original massage therapist permit. All such applications shall include
an explanation of the reason that the reciprocal permit is no longer valid.
2. Renewal of Original Permits.
a. For renewal of an original massagists therapist permit, including a permit
issued by the city prior to the adoption of this chapter, permittee shall include a current
physicians certificate, as described above, with his or her renewal application.
b. For renewal of an original massage therapist permit, permittee shall also
pay a nonrefundable renewal application deposit fee of one hundred dollars at the time
of filing the renewal application to help defray the expense of administering this chapter.
C. Applications that are not renewed prior to the expiration date of the permit
will be inactivated. Applicants may re -activate their permit within eighteen months of the
expiration date of the permit by providing the information as required in the above
subsection B. Should the eighteen -month time period expire, the applicant must
complete the entire application process including a background check. (Ord. 993 § 4
(part), 2002)
5.90.140 Therapists dress and identification.
A. During all times that he or she is performing or offering to perform
massage therapy services, every massage therapist shall wear a badge that identifies
his or her first or last name. Upon receipt of a request or complaint by a patron, the
massage therapist shall advise the patron of the full name of the massage therapy
establishment through which the massage therapy services were arranged, and the
identity of the permit administrator through whom the therapist was issued his or her
qualifying massage therapist permit.
B. All massage therapists shall have in their possession a valid permit issued
pursuant to the Coachella Valley Model Massage Ordinance as well as valid
identification at all times that he or she is performing or offering to perform massage
therapy services within the city.
C. All massage therapists shall wear non -transparent outer garments
covering all specified anatomical areas while performing or offering to perform any
massage therapy services. (Ord. 993 § 4 (part), 2002)
5.90.150 Other prohibited activities.
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A. It is unlawful for any massage therapist, any patron or any other person -
present where massage therapy services are being offered or performed, to expose or
touch any specified anatomical areas, whether his or her own, or those of another
person.
B. It is unlawful for any massage therapist, any patron, or any other person
present where massage therapy services are being offered or performed, to be in a
state of full nudity or semi -nudity.
C. It is unlawful for any massage therapist, any patron, or any other person
present where massage therapy services are being offered or performed, to engage in
any specified sexual activities.
D. No person shall provide or offer to provide any massage therapy services
to a minor unless written permission is provided by the minors parent or legal guardian.
E. No permittee shall provide or offer to provide massage therapy services
under any name not specified in the qualifying permit.
F. No permittee shall provide or offer any alcoholic beverage to a patron
during the course of providing or offering to provide any massage therapy service.
G. No permittee shall transfer or assign any permit issued pursuant to this
Chapter to another person or entity. Any attempted transfer shall result in the automatic
termination of said permit. (Ord. 993 § 4 (part), 2002)
5.90.160 Permits issued pursuant to superceded ordinance.
Provided the massage therapist held a permit validly issued by the City prior to
the effective date of the ordinance codified in this chapter, and was in compliance with
all requirements of the city with respect thereto, said permit holders shall have until the
expiration date of said permit, or one year from the effective date of this chapter,
whichever date is earlier, to obtain a permit issued pursuant to the provisions of this
chapter. (Ord. 993 § 4 (part), 2002)
5.90.170 Suspension and revocation of permit.
A. A massage therapist permit and any off -premises endorsement issued
pursuant to the Coachella Valley Model Massage Ordinance, or any predecessor
ordinance, shall be revoked by the permit administrator whom has issued the permit if
he or she receives notice that, after administrative proceedings conducted in conformity
with the city's municipal code, the city has made any of the following findings or
determinations with respect to the permittee:
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1. The massage therapy business or service is conducted in a manner that
does not comply with all applicable laws, including, but not limited to, this chapter and
the city's building, zoning and health regulations.
2. The holder of the permit is convicted of any disqualifying conduct or is
required to register as a sex offender as set forth in California Penal Code Section 290;
3. The permittee fails to notify the permit administrator of any update to the
information contained in the application that is required to keep the information current;
4. Information contained in the approved application is inaccurate;
5. Any patron of the permittee contracts any communicable disease during
the course of any services offered by the permittee;
6. The holder of the permit, or any applicant therefore, refuses to allow
representatives of the city or permit administrator to inspect business records of the
permittee, or any premises utilized by the permittee for massage therapy services;
7. The permittee fails to comply with any of the provisions of this chapter; or
8. The holder of the permit has ceased to meet any of the requirements for
issuance of the permit. (Ord. 993 § 4 (part), 2002)
B. It is unlawful for any person to engage in, conduct or carry on, or to
permit to be engaged in, in or upon any premises in the city, the application of
massage or the operation of a massage establishment if such person's permit or
CMTC certification has been revoked.
5.90.180 Appeals.
A. Any person aggrieved by a decision of the permit administrator may file an
appeal to the city council that conforms to the following requirements:
1. All appeals shall be in writing and shall contain the following information:
(a) name(s) of the person filing the appeal (appellants), (b) a brief statement in ordinary
and concise language of the grounds for the appeal; and (c) the signatures of all parties
named as appellants and their mailing addresses.
2. A filing fee for an appeal of one hundred dollars, or other amount as
established from time to time by city council resolution, must be paid to the city at or
prior to the time of the filing of the appeal.
3. Any appeal filed that fails to provide all of the information required by this
section and the appropriate filing fee shall be deemed incomplete.
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4. A complete and proper appeal of the denial of a permit application shall be
filed with the city clerk within ten calendar days of service of the letter denying the
application or within ten calendar days of any other action that is the subject of appeal.
B. After receiving the written appeal, the city clerk shall schedule a public
hearing before the city council at the next regularly scheduled city council meeting for
which there is sufficient time to have the matter properly noticed.
C. The decision of the city council shall be final. (Ord. 993 § 4 (part), 2002)
5.90.190 Other remedies.
A. Any violation of the provisions of this chapter is unlawful and a public
nuisance, subject to abatement, removal or enjoinment thereof in the manner provided
by law.
B. Any violation of the provisions of this chapter shall constitute an infraction
violation and the violator shall be subject to the imposition of criminal penalties and civil
fines. For each separate violation of any provision of this chapter, the person convicted
of such infraction shall be subject to the following fines for each separate violation: (a) a
fine in an amount not to exceed two hundred fifty dollars for a first conviction of an
offense; (b) a fine in an amount not to exceed five hundred dollars for a second
conviction of the same offense within a twelve month period from the date of the first
offense; and (c) a fine in an amount not to exceed seven hundred fifty dollars for a third
conviction of the same offense within a twelve month period from the date of the first
offense. The fine for a fourth and subsequent convictions of the same offense within a
twelve month period of the date from the first offense shall be one thousand dollars.
C. In lieu of issuing an infraction citation, the city may issue an administrative
citation, and/or assess an administrative fine consistent with the infraction civil fines set
out above, pursuant to any other ordinance within its municipal code.
D. Nothing in this section shall preclude the city from issuing an infraction or
misdemeanor citation upon the occurrence of the same subject offense on a separate
day.
E. The remedies provided herein are not to be construed as exclusive
remedies and, in the event of violation, the city may pursue any proceedings or
remedies otherwise provided by law. (Ord. 993 § 4 (part), 2002)
5.90.200 Exemptions.
The provisions of this chapter shall not apply to any of the following:
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A. Any physician, surgeon, chiropractor, osteopath or acupuncturist duly
licensed to practice their respective professions in the state of California, or any nurse
or physical therapist working under the supervision thereof, when engaging in any
massage therapy practice or activity within the scope of said license. Practical nurses or
other persons without qualifications as massage therapists or other persons not duly
licensed by the state of California to practice pursuant to the Medical Practice Act,
whether or not employed by a physician, surgeon, chiropractor, osteopath or
acupuncturist. may not perform or offer to perform
massage therapy without first obtaining a massage therapist permit pursuant to the
provisions of this chapter.
B. Any treatment administered in good faith in any course of the practice of
any healing art or profession by any person licensed to practice any such art or
profession under the Business and Professions Code of the state of California or any
other laws of the state of California.
C. Barbers, beauticians, manicurists and pedicurists who are duly licensed
under the laws of the state of California, except that this exemption shall apply solely to
the massaging of the scalp, face, neck, arms, hands or feet of the customer or client for
cosmetic or beautifying purposes. (Ord. 993 § 4 (part), 2002)
5.90.210 Transfer of permit.
No massage therapist permit or off -premises endorsement shall be transferable
and any attempted transfer shall render the permit null and void. (Ord. 993 § 4 (part),
2002 )
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