HomeMy WebLinkAboutOrd. 1215 - Replaced - Recvd 8/26/10 ORDINANCE N0. 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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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 applicant(s) 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
physician and it has been determined that the applicant is free of any communicable
disease as defined in this chapter.
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W. Recognized schooi 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 af 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),
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
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)
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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;
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
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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;
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;
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I. 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;
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;
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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
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
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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.
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
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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.
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.
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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.
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.
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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
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.
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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.
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.
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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:
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
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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.
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
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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:
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)
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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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