RPVCCA_CC_SR_2012_11_07_L_Massage_Establishments_And_Technicians_OrdinanceCITY OF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
CAROL W.LYNCH,CITY ATTORNEY,and
SHIRl KLIMA,ASSISTANT CITY ATTORNEY
NOVEMBER 7,2012
SUBJECJ:MASSAGE ESTABLISHMENTS AND TECHNICIANS ORDINANCE
REVIEWED:CAROLYN LEHR,CITY MANAGER ~~,.
RECOMMENDATION
Introduce Ordinance No._,an ordinance of the City of Rancho Palos Verdes,
amending the Rancho Palos Verdes Municipal Code regarding the regulation of
massage establishments and technicians.
BACKGROUND
I.The Massage Therapy Law
Massage is the fifth largest health-related profession in California.There are
approximately 25,000 massage professionals currently practicing in the State.There are
also over 200 schools in California offering massage instruction.Prior to 2008,California
was among a minority of states that did not have statewide standards concerning the
education,training and licensing of massage professionals.
Senate Bill 731,adopted by the State Legislature in 2008,added a chapter regarding
massage practitioners and therapists to the California Business and Professions Code.SB
731 created the California Massage Therapy Council ("CAMTC"),which is a nonprofit
organization that is responsible for issuing certificates to massage professionals who meet
certain educational and experiential criteria and enforcing regulations by disciplining
certified professionals who act unprofessionally.In 2011,the Legislature adopted
Assembly Bill 619,which was essentially a clean-up bill that added some new provisions
and attempted to clarify some of SB 731 's provisions.SB 731 and AB 619 are collectively
referred to in this staff report as the "Massage Therapy Law."Please note that recently,
the Legislature adopted Senate Bill 1238,which will go into effect in January 2013:this bill
has further clarified and amended some regulations but will not affect the information in this
staff report or the City's proposed ordinance.
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Massage Establishments and Technicians Ordinance
November 7,2012
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Since 2009,the CAMTC began issuing certificates for massage practitioners and
therapists.As defined by the Massage Therapy Law,a "massage practitioner"must
complete at least 250 hours of education from an approved massage school,whereas a
"massage therapist"must either complete at least 500 hours of massage education or pass
CAMTC's massage and bodywork competency assessment exam.An applicant for either
certification must undergo a criminal background check,and certificates are subject to
renewal every two years.The Massage Therapy Law provides for various grounds for
discipline against a certificate holder or denial of a certificate to an applicant,including for
unprofessional conduct,fraud,violating provisions of the Massage Therapy Law,conviction
of a felony or misdemeanor related to his or her qualifications,functions or duties,or
committing any act punishable as a sexually-related crime.The CAMTC may place a
certificate holder on probation,suspend or revoke his or her certification,or take any other
appropriate disciplinary action.
II.Local Regulation
Cities may continue to regulate uncertified massage professionals or establishments that
employ uncertified professionals in all of the respects that were permitted prior to the
adoption of the Massage Therapy Law.This is important because of the individuals who
engage in activities that either are illegal or pose a risk to public safety,many are not
certified by the State.
However,the Massage Therapy Law does not allow cities to regulate certified massage
practitioners and therapists in many respects,including by traditional land use,operational
and zoning regulations.This restriction on local regulation also applies to massage
establishments that only employ certified practitioners and therapists.
After the adoption of SB 731,the City promptly responded with an ordinance amending its
regulations regarding massage establishments and technicians,which is set forth in
Chapter 5.24 of Title 5 of the Rancho Palos Verdes Municipal Code.That ordinance
preserved the City's regulations for uncertified "massage technicians"and for massage
establishments that employ uncertified massage technicians and exempted certified
massage technicians and massage establishments that employ only certified massage
technicians from City regulations that cannot apply to them pursuant to State law.
Now,because many massage technicians are opting for CAMTC certification and many
massage establishments are requiring CAMTC certification,many cities are amending their
ordinances to simply require all massage technicians operating within their jurisdictions to
be CAMTC-certified,and all massage establishments to only employ CAMTC-certified
massage technicians.This is the approach that is proposed in the attached ordinance,
which means that some of the existing regulations have to be repealed as they no longer
will be needed.
DISCUSSION
The proposed ordinance requires all massage technicians operating in the City to hold and
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Massage Establishments and Technicians Ordinance
November 7,2012
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maintain a current,valid CAMTC certification.Massage establishments operating in the
City may only employ CAMTC-certified technicians.The onus is on the massage
technician and the owner or operator of a massage establishment to notify the Community
Development Director of the employees working at the establishment and send copies of
the certifications.This information must also be available on-site.
The ordinance preserves the requirement for a standard City business license to operate a
massage establishment but removes the additional business and occupation permit
requirement in Chapter 5.10 of Title 5 ofthe Municipal Code for massage technicians and
establishments.The permissible Building Code and operational requirements for massage
establishments have been retained,including standards for lighting and ventilation,
employee wash basins,maintenance of facilities,and clean towels and linens.A massage
establishment still may apply for a hardship waiver if the establishment existed at the
location on September 1,2012 and can demonstrate that the facility lacks the physical
space to comply with the ordinance's requirements or complial)pe would cause an undue
financial hardship.
The proposed ordinance continues to require that massage technicians must wear
appropriate attire,may not expose their specified anatomical areas,may not make physical
contact with clients'specified anatomical areas,and may not lock the premises doors
unless there is no staff available to ensure security.The proposed ordinance allows the
Community Development Director,Los Angeles County Sheriff and Los Angeles County
Health Department or their authorized representatives to inspect massage establishments
during regular business hours.
The proposed ordinance removes the adoption of the portion of the Los Angeles County
Code regarding massage,which conflicts with the proposed ordinance.Keeping the
reference to the massage ordinance in the County Code would create confusion as to
which regulations apply,since the County does not require massage technicians to be
CAMTC-certified or massage establishments to employ only certified technicians.
FISCAL IMPACT
The adoption of this ordinance should result in a cost savings to the City because the
City is no longer allowing non-certified massage practitioners to work in the City.This
should reduce the time that is required by City Staff and the agencies with whom the
City contracts because enforcement of the City's regulations of non-certified massage
therapists will no longer be required.
CONCLUSION
Staff recommends that this ordinance be adopted because it will:require all massage
technicians in the City to be CAMTC-certified;require all massage establishments to
employ only certified massage technicians,and eliminate the need to enforce City
regulations of non-certified technicians and establishments that employ such technicians.
ATTACHMENT:Ordinance No.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE
REGARDING THE REGULATION OF MASSAGE ESTABLISHMENTS
AND TECHNICIANS
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
HEREBY FIND,DETERMINE,AND ORDER AS FOLLOWS:
Section 1.Section 5.08.010 ("County Ordinance Adopted")of Chapter 5.08
("Business Regulations")of Title 5 ("Business Taxes,Licenses and Regulations")of the
Rancho Palos Verdes Municipal Code is hereby amended to read as follows:
"A.Ordinance No.5860 of the County of Los Angeles,entitled "An Ordinance
Regulating and Licensing Businesses in the Unincorporated Area of the County of Los
Angeles,"as amended and in effect on September 7,1973,is..adopted as an ordinance
regulating businesses in the City of Rancho Palos Verdes.
B.Three (3)copies of Ordinance No.5860 of the County of Los Angeles,California,
as amended,have been deposited with the office of the City Clerk of the City of Rancho
Palos Verdes and shall be at all times maintained by the clerk for use and examination
by the public.
C.Notwithstanding Subsection A of this Section,Chapter 7.54 ("Massage")of the
Los Angeles County Code is hereby repealed."
Section 2.Section 5.08.220 ("Section 7.54.240 of Massage Ordinance
Amended")of Chapter 5.08 ("Business Regulations")of Title 5 ("Business Taxes,
Licenses and Regulations")of the Rancho Palos Verdes Municipal Code is hereby
repealed in its entirety.
Section 3.Section 5.10.010 ("Definitions")of Chapter 5.10 ("Business and
Occupation Permits")of Title 5 ("Business Taxes,Licenses and Regulations")of the
Rancho Palos Verdes Municipal Code is hereby amended by deleting the following
terms:"chair massage,""massage,""massage services,""massage establishment,"
"massage technician,""masseuse,""outcall massage"and "recognized school'of
massage."
Section 4.Subsection (A)of Section 5.10.020 ("Permit Required for Certain
Businesses")of Chapter 5.10 ("Business and Occupation Permits")of Title 5 ("Business
Taxes,Licenses and Regulations")of the Rancho Palos Verdes Municipal Code is
hereby amended in its entirety to read as follows:
"No person shall commence,conduct,or purport to commence or conduct the following
business activities within the boundaries of the City of Rancho Palos Verdes without
possessing a valid business permit issued pursuant to this Chapter:
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1.Escort*;
2.Escort bureau*;
3.Peddler."
Section 5.Article 1 ("Massage Establishments")of Chapter 5.24 ("Massage
Establishments and Technicians")of Title 5 ("Business Taxes,Licenses and
Regulations")of the Rancho Palos Verdes Municipal Code is hereby amended in its
entirety to read as follows:
"ARTICLE 1.MASSAGE ESTABLISHMENTS
5.24.010 -Definitions.
5.24.020 -Permit and certifications required.
5.24.030 -Operating requirements.
5.24.040 -Joint liability;Failure to comply.
5.24.010 -Definitions.
Whenever any of the following terms are used in this Chapter,each such term
shall be deemed and construed to have the meaning ascribed to it in this Section as
follows:
A."CAMTC"means the California Massage Therapy Council created under
Chapter 10.5 (commencing with Section 4600)of Division 2 of the Business and
Professions Code.
B."Chair massage"means a massage given to a person who is fully clothed
and sitting upright on a professional bodywork seat,a stool or office seat,wheelchair,or
other chair-like device.
C."Director"means the Community Development Director or his or her
designee.
D."Massage"or "massage services"means and includes any method of
treating the external parts of the human body for remedial,health or hygienic purposes
by means of pressure on or friction against,or stroking,kneading,rubbing,tapping,
compressing,pounding,vibrating,manipulating or stimulating the external parts of the
body,with or without the aid of any mechanical or electrical apparatus or appliances,
and with or without supplementary aids such as water,rubbing alcohol,liniments,
antiseptics,oils,powders,creams,lotions,ointments,or other similar preparations.
"Massage"and "massage services"shall further include any bath,shower,electric tub,
sponge bath,facial massage,fomentations,massage,electric or magnetic treatment,
acupressure,shiatsu,alcohol rubs,and Russian,Swedish,Japanese or Turkish baths.
Ordinance No.
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E."Massage establishment"means a business or establishment,including a
sole proprietor or independent contractor,that offers massage services at a fixed place
of business,and also includes all establishments or businesses where a massage is
provided as an ancillary service,such as gyms,clubs,day spas and professional offices
where such massage is not otherwise exempt under this Chapter.
F."Massage technician"means any person who administers to another
person,for any form of consideration,massage or massage services.The terms
"massage therapist,""masseuse,""massage practitioner,"or any other term used within
the massage industry to refer to a person who provides massage services are included
within this definition."Massage technician"shall include a student at a school of
massage who administers a massage to any person for payment whether the payment
is received by the student,the school,or a massage establishment.A "massage
technician"also includes any person hired or employed by a person or facility listed in
Section q.24.200 to administer a massage or provide massage services,unless the
massage technician also is included within one of the exceptions specified in Section
5.24.200.'y.
G."Outcall massage"means any massage performed by a massage
technician outside of the massage establishment where the massage technician is
employed or a massage administered by any person who is not employed by a fixed
location massage establishment in the City.Outcall massages,including chair
massages,are prohibited.
5.24.020 -Permit and certifications required.
A.No person shall own or operate a massage establishment in or upon any
premises within the City without first obtaining a City business license pursuant to
Chapter 5.04.
B.No person may own or operate a massage establishment in or upon any
premises within the City unless all persons providing massage services at or on behalf
of the massage establishment have a CAMTC certification.
C.A massage establishment may not allow a person who has had his or her
CAMTC certification suspended to provide any massage services for the duration of the
suspension period.
D.A massage establishment may not allow a person who has had his or her
CAMTC certification revoked to provide any massage services.
E.Each massage establishment shall maintain on its premises evidence for
review by local authorities that demonstrates that the massage establishment has a
valid City business license and that all persons providing massage services are
CAMTC-certified.
5.24.030 -Operating requirements.
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A.The owner or operator of a massage establishment shall notify the
Director in writing of the name of each person employed or utilized as a massage
technician or an on-site manager within five (5)business days of that person being
employed or utilized and shall provide a copy of the individual's CAMTC certification.
B.Change in Business.The owner or operator of a massage establishment
shall immediately notify the Director of any intention to rename,change management,
or convey the business to another person.
C.Site Requirements.A massage establishment shall comply with the
following criteria:
1.Building Code Requirements.
a.Minimum lighting shall be provided ,in accordance with the
Building Code,and,in addition,at least one (1)artificial Iigtlt''bf not less than forty (40)
watts shall be provided in each enclosed room or booth where massage services are
being performed on a patron.
b.Minimum ventilation shall be provided in accordance with the
Building Code.
2.Wash Basins for Employees.A minimum of one (1)separate wash
basin shall be provided in each massage establishment for the use by employees of any
such massage establishment,and shall be located within or as close as practicable to
the area devoted to the performing of massage services.In addition,there shall be
provided at each washbasin permanently installed sanitary towel dispensers.
D.Operational Requirements.A massage establishment shall be maintained
and operated in conformity with the following criteria:
1.Maintenance of Premises and Equipment.
a.All walls,ceilings,floors,pools,showers,bathtubs,steam
rooms and all other physical facilities for the massage establishment shall be in good
repair and maintained in a clean and sanitary condition.
b.Wet and dry heat rooms,steam or vapor rooms,or steam or
vapor cabinets,shower compartments and toilet rooms shall be thoroughly cleaned
each day the business is in operation.Bathtubs shall be thoroughly cleaned after each
use.
c.Separate closed cabinets shall be provided for the storage of
clean and soiled linen and shall be plainly marked as "clean linen"and "soiled linen,"
respectively.
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d.Clean and sanitary towels and linens shall be provided for
each patron of the massage establishment or each patron receiving massage services.
No common use of towels or linens shall be permitted.
e.Adequate equipment for disinfecting and sterilizing
instruments used in performing the massage services shall be provided.
f.Hot and cold running water shall be provided at all times.
g.Washbasins for employees shall provide soap or detergent,
hot and cold running water at all times,and sanitary towels placed in permanently
installed sanitary towel dispensers.
h.Standard or portable massage tables shall be used with a
durable,washable plastic or other waterproof material as a covering.Foam pads more
than four '(4)inches thick or more than four (4)feet wide may nof,be used.
i.Doors.The premises,exterior doors and interior doors shall
remain unlocked during business hours (inclUding electric locking devices),unless there
is no staff available to ensure security for clients and massage technicians who are
behind closed doors.
2.Physical Contact Prohibited.No massage establishment shall
permit any massage technician in the course of administering any massage service to
expose his or her specified anatomical areas,as defined in Section 5.10.010,or to
make physical contact with the specified anatomical areas of any client.
E.Inspections.The Director,the Los Angeles County Sheriff and the Los
Angeles County Health Department,or their authorized representatives,shall have the
right to enter the massage establishment for the purpose of making reasonable
unscheduled inspections during regular business hours to observe and enforce
compliance with applicable regulations,ordinances,laws,Codes,and provisions of this
Chapter.
F.Background Check.The Director may,at his or her discretion,require a
background check of an owner or operator of a massage establishment who owns five
percent (5%)or more of a massage establishment and who is not certified by the
CAMTC.
5.24.040 -Joint liability;Failure to comply.
An owner or operator of a massage establishment shall be responsible for the
conduct of all employees or independent contractors working on the premises of the
establishment.Failure to comply with Chapter 10.5 (commencing with Section 4600)of
Division 2 of the Business and Professions Code,this Chapter,or any other applicable
regulation,ordinance,law or Code may result in the suspension,revocation and/or lack
of renewal of a City business license."
Ordinance No.
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Section 6.Article 2 ("Massage Technicians")of Chapter 5.24 ("Massage
Establishments and Technicians")of Title 5 ("Business Taxes,Licenses and
Regulations")of the Rancho Palos Verdes Municipal Code is hereby amended in its
entirety to read as follows:
"ARTICLE 2.MASSAGE TECHNICIANS
5.24.100 -Certification required.
5.24.110 -Operating requirements.
5.24.100 -Certification required.
A.No person shall act as a massage technician unless such person holds
and maintains a current,valid massage-related certification issued by the CAMTC.
B..No person who has had his or her CAMTC certification suspended shall
provide any massage services for the duration of the susperJsi~n period.
C.No person who has had his or her CAMTC certification revoked shall
provide any massage services.
5.24.110 -Operating requirements.
A.Certification. Within five (5)business days of employment or the
performance of massage services within the City,a massage technician shall submit a
copy of his or her CAMTC certification to the Director and to any massage
establishment where he or she will provide any massage services.
B.Disciplinary Action.A massage technician must notify the City
immediately of any disciplinary action taken by the CAMTC upon that massage
technician.If the CAMTC issues any written notice or order regarding such discipline,
the massage technician must immediately submit a copy of that notice or order to the
Director.
C.Attire.The massage technician shall at all times while on the premises of
the establishment be clean and wear nontransparent outer garments covering the body
from knee to neck.
D.Physical Contact Prohibited.No massage technician shall,in the course
of administering any massage service,expose his or her specified anatomical areas or
buttocks or make physical contact with the specified anatomical areas of any client.
E.Doors.No massage technician shall lock the premises,exterior doors or
any interior doors during business hours (including electric locking devices),unless
there is no staff available to ensure security for clients and massage technicians who
are behind closed doors.
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F.Employer Compliance.No massage technician shall knowingly provide
massage services at a massage establishment that does not comply with the operating
requirements in Section 5.24.030 of this Chapter.
G.Display of Permit.The CAMTC certification shall remain in the massage
technician's possession at all times while the massage technician is administering a
massage and shall be presented upon the request of any other person."
Section 7.Article 3 ("General Requirements")of Chapter 5.24 ("Massage
Establishments and Technicians")of Title 5 ("Business Taxes,Licenses and
Regulations")of the Rancho Palos Verdes Municipal Code is hereby amended in its
entirety to read as follows:
"ARTICLE 3.GENERAL REQUIREMENTS
5.24.200 -Exemptions.
5.24.210 -Hardship waiver.
5.24.200 -Exemptions.
A.The provisions of this Chapter shall not apply to the following:
1.Physicians,surgeons,chiropractors,osteopaths,physical
therapists who are duly licensed to practice their respective professions in the State.
2.Nurses registered under the laws of the State.
3.Persons who are licensed to practice any healing art under the
applicable provisions of the Business and Professions Code of the State of California or
any other statute of this State and provide any treatment administered in good faith.
4.Barbers,cosmetologists and electrolysists who are duly licensed
under the laws of the State while engaging in practice within the scope of their licenses,
except that this exemption shall apply solely to the massaging of the neck,face,and/or
scalp of the customer or client.
5.Hospitals,nursing homes,sanatoriums,or other health care
facilities duly licensed by the State.
6.Accredited high schools,junior colleges,and colleges or
universities whose coaches and trainers are acting within the scope of their
employment.
7.
athletic teams.
Trainers of amateur,semi-professional or professional athletes or
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8.Any business duly licensed as a health club,provided only one (1)
massage table is used at such location and provided such use is incidental to the
operation of the health club.
B.Notwithstanding the provisions of Subsection (A)of this Section,no
person or facility expressly exempted under this Section from the application of this
Chapter shall utilize or employ a massage technician unless such massage technician
possesses a valid CAMTC certification that has not been suspended or revoked.
5.24.210 -Hardship waiver.
A.Hardship Waiver.Any person subject to the provisions of this Chapter
who provides massage services as a secondary service in connection with a business
that was lawfully in existence at the subject location on September 1,2012,where no
more than one (1)massage technician provides massage services at said business at
anyone time,may apply for a hardship waiver relieving him or ber from complying with
the facilities requirements set forth in Section 5.24.030 tmder either of the following
circumstances:
1.The facility in question lacks the physical space to comply with the
requirements set forth in Section 5.24.030;or
2.Compliance with the requirements set forth in Section 5.24.030
would cause an undue financial hardship to the applicant.
B.Application.Requests for a hardship waiver shall be submitted to the
Director on a form furnished by the City.The application shall be accompanied by a
sworn affidavit,together with any supporting documents or materials,demonstrating to
the reasonable satisfaction of the Director that the facility complies with the
requirements of Subsection (A)of this Section and lacks the physical space to meet the
requirements set forth in Section 5.24.030 or that compliance with said requirements
would cause an undue financial hardship to the applicant.
C.Findings.The Director shall issue the hardship waiver or deny the request
within fifteen business days of receipt of the application.The Director may issue a
hardship waiver if he or she finds that the facility complies with the requirements of
Subsection (A)of this Section and that the supporting documentation submitted with the
application demonstrates to his or her satisfaction that either the facility lacks the
,physical space to meet the requirements set forth in Section 5.24.030 or compliance
with the requirements set forth in Section 5.24.030 would cause an undue financial
hardship to the applicant who is requesting the hardship waiver.The Director shall
issue a written notice of determination and shall serve such written notice of
determination on the person requesting the hardship waiver via certified mail,return
receipt requested.If the application is denied,the notice shall set forth the reason(s)for
the denial.The determination rendered by the Director shall be final.
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D.Duration of Waiver.Any hardship waiver granted pursuant to this Section
shall immediately terminate if the facility is sold or ownership of the facility otherwise
changes."
Section 8.Severability.If any section,subsection,subdivision,paragraph,
sentence,clause or phrase of this Ordinance or its application to any person or
circumstance,is for any reason held to be invalid or unenforceable by a court of
competent jurisdiction,such invalidity or unenforceability shall not affect the validity or
enforceability of the remaining sections,subsections,subdivisions,paragraphs,
sentences,clauses or phrases of this Ordinance,or its application to any other person
or circumstance.The City Council declares that it would have adopted each section,
subsection, subdivision,paragraph,sentence,clause,phrase hereof,irrespective of the
fact that anyone or more sections,subsections,subdivisions,paragraphs,sentences,
clauses or phrases hereof be declared invalid or unenforceable.
Section 9.The City Clerk shall certify to the adoption,;of this Ordinance and
shall cause the same to be posted in the manner prescribed,by law.
2012.
PASSED,APPROVED and ADOPTED this day of _
Mayor
ATTEST:
City Clerk
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
I,Carla Morreale,City Clerk of the City of Rancho Palos Verdes,hereby
certify that the whole number of members of the City Council of said City is five;that the
foregoing Ordinance No._passed first reading on ,was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
::-:-:_:--_:-:--'2012,and that the same was passed and adopted by the
following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
Ordinance No.
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