HomeMy WebLinkAbout01 CODE AMENDMENT 10-003TUSTIN Agenda Item 1
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®U~IDING OUR FVTURE
HONORING OUR PAST
MEETING DATE: JUNE 1, 2010
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CODE AMENDMENT 10-003 (ORDINANCE NO. 1380), MASSAGE
ESTABLISHMENTS
SUMMARY:
On September 27, 2008, the Governor signed Senate Bill (SB) 731 into law, relating to
massage therapy. Code Amendment 10-003 is proposed to achieve consistency with
State law, codify new massage regulations, and protect the public health, safety, and
welfare.
Proposed Code Amendment 10-003 (Ordinance No. 1380) would:
1. Require all massage therapists and practitioners in Tustin to be certified by the
California Massage Therapy Council (CAMTC).
2. Provide a grace period to existing massage technicians and operators holding
Valid City of Tustin permits.
3. Require all massage owners and operators to obtain new establishment permits
from the City.
4. Amend the Zoning Code to allow massage establishments as an outright
permitted use in the Retail Commercial (C-1), Central Commercial (C-2), and
Commercial General (C-G) zoning districts.
On May 11, 2010, the Tustin Planning Commission adopted Resolution No. 4146,
recommending that the Tustin City Council adopt Ordinance No. 1380, relating to the
regulation of massage establishments and massage therapists and practitioners.
RECOMMENDATION:
That the City Council introduce and have first reading of Ordinance No. 1380 to amend
Tustin City Code Sections 3121, 3141, 3711-3713, 9232, and 9297; repeal Part 2 of
Chapter 6 of Article 3 of the Tustin City Code; and adopt Part 6 of Chapter 6 of Article 3
of the Tustin City Code to regulate massage establishments, therapists, and
practitioners in accordance with State law.
City Council Report
Ordinance No. 1380
Page 2
FISCAL IMPACT:
Ordinance No. 1380 is aCity-initiated project. There are no direct fiscal impacts
anticipated as a result of adopting this ordinance.
BACKGROUND:
On September 27, 2008, the Governor signed Senate Bill (SB) 731, revising the
Business and Professions Code relating to massage therapy (Attachment B). In part,
the newly enacted legislation:
o Provided for the State certification of massage practitioners and therapists by the
newly created Massage Therapy Organization (now referred to as the California
Massage Therapy Council, or CAMTC), a nonprofit organization, and prohibited
cities and counties from enacting ordinances regulating the practice of massage
by a certificate holder;
o Limited cities and counties from enacting ordinances that require a license permit
or other authorization to practice massage by an individual who is certified.
Further, no provision of any ordinance enacted by .the City that is in effect before
the effective date of the legislation that requires a license, permit or other
authorization to practice massage may be enforced against an individual who is
certified; and
o Limited cities and counties from adopting land use and zoning requirements
applicable to massage establishments or businesses that are different than the
requirements that are uniformly applied to other professional or personal services
businesses.
The CAMTC, beginning on September 1, 2009, was authorized by the State of
California to begin issuing massage practitioner and therapist certificates to qualified
individuals. Since September 1, 2009, any CAMTC certificated individual is exempt
from City massage technician licensing and testing requirements. As permitted by State
law, the City is permitted to enact licensing requirements for massage establishments
consistent with the provisions of SB 731.
In response to SB 731, the City Council adopted Urgency Ordinance No. 1368 on
August 4, 2009, which established interim regulations for massage establishments and
massage therapists that were consistent with State law. The City Council extended
Urgency Ordinance No. 1368 by adopting Urgency Ordinance No. 1371 on September
15, 2009. Urgency Ordinance No. 1371 will expire on August 4, 2010.
The City Attorney, in coordination with Community Development Department staff, has
prepared Code Amendment 10-003 to establish codified massage regulations that are
consistent with State law and that protect the health, safety, and welfare of massage
owners, operators, and technicians, employees, clients, and the general public.
City Council Report
Ordinance No. 1380
Page 3
Proposed Ordinance No. 1380 would require all massage therapists and practitioners in
the City of Tustin to be certified by the California Massage Therapy Council. Massage
therapists and practitioners who have valid, City of Tustin massage technician permits
on the effective date of Ordinance No. 1380 would be given a grace period until January
31, 2011, to allow them a reasonable amount of time to secure their certifications from
the California Massage Therapy Council. Owners and operators of massage
establishments who have valid City of Tustin massage operator permits would be
granted the same grace period. However, under the proposed ordinance, existing
massage owners and operators would be required to apply for and obtain new massage
establishment permits from the City. These establishment permits would be required to
be renewed annually.
In accordance with State law, proposed Ordinance No. 1380 would also amend the
City's Zoning Code to allow massage establishments as an outright permitted use,
rather than a conditionally permitted use, in the City's Retail Commercial (C-1), Central
Commercial (C-2), and Commercial General (CG) zoning districts. State law prohibits a
city from requiring a conditional use permit of a massage establishment that employs or
uses only State certified massage therapists and/or practitioners unless a conditional
use permit were also uniformly required of other professional or personal services
businesses.
Detailed findings in support of proposed Ordinance No. 1380 are contained within the
proposed ordinance.
ENVIRONMENTAL ANALYSIS
Proposed Code Amendment 10-003 (Ordinance No. 1380) is exempt from
environmental review under CEQA pursuant to Section 15061(b)(3) of the State CEQA
Guidelines. This section provides that a project is exempt from environmental review
where it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment. If approved, the proposed code
amendment would require all massage therapists and practitioners in the City of Tustin
to be certified by the California Massage Therapy Council and would also amend the
City's Zoning Code to allow massage establishments as an outright permitted use in
several commercial zoning districts.
PROPOSED MASSAGE LEGISLATION
The City Council should be made aware that changes in the regulation of massage
establishments are being considered by the State legislature at this time. Assembly Bill
(AB) No. 1822 is proposed urgency legislation introduced on February 11, 2010, that
would transfer final approval authority of massage applications and other specified
duties from the CAMTC to local law enforcement agencies. Staff will continue to
monitor AB 1822 as it makes its way through the legislature. If AB 1822 becomes law,
staff may need to bring forward to the Planning Commission and City Council a code
amendment which addresses any new requirements it may impose.
City Council Report
Ordinance No. 1380
Page 4
PUBLIC NOTICE, CHAMBER OF COMMERCE REVIEW
A public notice was published in the Tustin News on May 20, 2010, informing the public
of proposed Code Amendment 10-003. Also, notices were mailed to all individuals
holding valid City of Tustin massage technician and massage operator permits. Copies
of the staff report and proposed Code Amendment 10-003 were forwarded to the
Chamber of Commerce prior to the City Council's hearing on the matter.
Scott Reekstin Elizabeth A. Binsack
Senior Planner Director of Community Development
Attachments: A. Ordinance No. 1380 (Code Amendment 10-003)
B. Senate Bill No. 731
C. Planning Commission Resolution No. 4146
S:\Cdd\CCREPORT\2010\CA 10-003 (Massage Ordinance 1380).doc
ATTACHMENT A
ORDINANCE NO. 1380
(CODE AMENDMENT 10-003)
ORDINANCE NO. 1380
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, REPEALING
PART 2 OF CHAPTER 6 OF ARTICLE 3 OF THE
TUSTIN CITY CODE, ADDING PART 6 OF
CHAPTER 6 OF ARTICLE 3 OF THE TUSTIN CITY
CODE, AND AMENDING ARTICLE 3 AND
ARTICLE 9 OF THE TUSTIN CITY CODE
RELATING TO REGULATION OF MASSAGE
ESTABLISHMENTS AND MASSAGE THERAPISTS
AND PRACTITIONERS
City Attorney Summary
This ordinance updates the City's existing City Code
regulations regarding massage establishments and
massage therapists and massage practitioners in order to
conform with recently enacted changes in State law. This
ordinance also requires all massage therapists and
massage practitioners to have massage therapist or
massage practitioner certificates issued by the Massage
Therapy Organization and eliminates the City s local
massage technician permit process. Owners and operators
of massage establishments are required to maintain City
massage establishment permits.
The City Council of the City of Tustin finds and declares as follows:
WHEREAS, the permit requirements and restrictions imposed by this Ordinance
are reasonably necessary to protect the health, safety and welfare of the citizens of the
City;
WHEREAS, the City is authorized pursuant to Government Code section 51031
to regulate massage and massage establishments. However, the State legislature has
adopted SB 731 (Chapter 384, 2008 Statutes), Business and Professions Code sections
4600 et seq., which establishes statewide standards and certification procedures for
massage practitioners and therapists engaging in massage therapy. Accordingly, this
Ordinance is intended to be implemented consistent with SB 731;
WHEREAS, when properly operated by trained personnel in accordance with the
laws of the State and the ordinances of the City, massage establishments provide
beneficial therapeutic services to the benefit of many residents of the City and
surrounding communities. However, in the absence of regulation or effective
enforcement, massage establishments have permitted crimes such as prostitution and the
use and sale of illegal drugs. Such illegal activity has been documented by police reports
in several cities in Orange County. The establishment of reasonable standards for
issuance of massage establishment permits and restrictions on operations reduces the
risks of illegal activity;
WHEREAS, pursuant to Business and Professions Code section 4612(a)(3),
municipalities are authorized to enact licensing requirements for massage establishments
consistent with the provisions of SB 731. The restrictions and requirements contained in
this Ordinance reduce the burdens on the City's police personnel and permit the
deployment of police personnel such that more serious crimes may be prevented;
WHEREAS, the regulations and restrictions contained in this Ordinance tend to
discourage massage establishments from degenerating into houses of prostitution or sites
for illegal drug use and sales, and the means utilized in this Ordinance bear a reasonable
and rational relationship to the goals sought to be achieved;
WHEREAS, on May 11, 2010, the Planning Commission conducted a noticed
public hearing to consider the amendments proposed in this Ordinance, including
proposed amendments to the Zoning Code, regarding massage establishments, and
recommended that the City Council approve Code Amendment 10-003;
WHEREAS, on June 1, 2010, the City Council proceeded with the first reading of
this Ordinance and conducted a public hearing regarding the proposed Ordinance,
including proposed zoning code amendments;
WHEREAS, in order to comply with the requirements of SB 731, Section I of this
Ordinance repeals existing provisions in Part 2 of Chapter 6 of Article 3 of the Tustin
City Code regarding massage establishments and massage technicians, and Section II of
this Ordinance replaces those provisions with a new Part 6 of Chapter 6 of Article 3 of
the Tustin City Code entitled "Massage Establishments";
WHEREAS, Sections III, N and VII of this Ordinance make related changes to
apply throughout Article 3 (Sections 3121, 3141, 3712, 3713, and 3714);
WHEREAS, Sections V and VI of this Ordinance make amendments to the
zoning code provisions of the Tustin City Code and its Definitions (Section 9297) to
conform to the requirements of SB 731 [California Business and Professions Code
Section 4612(b)(4)] that zoning requirements applicable to massage establishments are
"no different than the requirements that are uniformly applied to other professional or
personal services businesses", and other conforming changes;
WHEREAS, the provisions in this Ordinance shall take effect on the 31St day after
adoption;
WHEREAS, the City will cease issuance of massage technician permits under the
repealed provisions of the Tustin City Code on the effective date of this Ordinance, and
thereafter all massage therapists and massage practitioners will be required to obtain and
maintain certification by the statewide Massage Therapy Organization certification
process established under SB 731;
WHEREAS, massage technicians who have valid, existing massage technician
permits issued by the City under the provisions of the Tustin City Code on the effective
date of this Ordinance shall have a grace period until January 31, 2011, to allow them
reasonable time to secure their MTO certifications;
WHEREAS, the owners and operators of massage establishments that are
operated pursuant to existing, valid massage operator permits under the provisions of the
Tustin City Code on the effective date of this Ordinance shall have a grace period until
January 31, 2011 to apply for and obtain from the City their new massage establishment
permits required hereunder;
THEREFORE, the City Council of the City of Tustin hereby ordains as
follows:
SECTION I. Part 2 of Chapter 6 of Article 3 of the Tustin City Code, entitled
"Massage Establishments and Massage Technicians" shall be repealed in its entirety, on
the effective date of this Ordinance.
SECTION II. Part 6 of Chapter 6 of Article 3 of the Tustin City Code entitled
"Massage Establishments" is hereby adopted, as of the effective date of this Ordinance,
to read in its entirety as follows:
PART 6 MASSAGE ESTABLISHMENTS
3661 Purpose and intent.
It is the purpose and intent of this Part to regulate the operation of massage
establishments in the City for the protection of the health, safety and welfare of its
operators, massage therapists and massage practitioners, employees, clients, and the
general public.
3662 Definitions .
'The definitions set forth in Section 3141 of the Tustin City Code shall apply in
this Chapter. In addition, 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 the following words and phrases used in this
chapter.
"Certified" shall refer to one who has been issued a valid certificate in accordance
with Sections 4600 through 4620 of the California Business and Professions Code.
"Operator" means the individual who actively manages the massage
establishment. Evidence of active management includes but is not limited to evidence
that the individual has power to direct or hire, schedule, and dismiss employees and
independent contractors, control hours of operation, and create policy or rules. An
operator may also be an owner, however, an owner is only the "operator" for purposes of
this Part if the owner actively manages and is regularly present at the location of the
massage establishment more hours per week than any other individual who participates in
the management of the massage establishment. If more than one person is a manager of a
massage establishment, the "Operator" is the individual who actively manages and is
regularly present at the location of the massage establishment more hours per week than
any other individual manager. For purposes of enforcement of the requirements of this
Part, "Operator" refers to the individual identified as the operator in the most recently
issued massage establishment permit.
"Owner" means the person(s) who owns the massage establishment as identified
on the City of Tustin massage establishment permit.
3663 Massage certification required; Massage establishment aermit required.
(a) It shall be unlawful for any person to engage in, conduct or carry on, permit to
engage in, in or upon any premises within the City of Tustin the business of providing
massages in exchange for compensation unless the person providing massages is
currently certified as a massage practitioner or massage therapist by the California
Massage Therapy Organization.
(1) Any person who possesses a "Massage Technician Permit" issued
by the City of Tustin that is current and valid as of the effective date of this Ordinance,
shall be exempt from the requirements of subsection (a) of this Section until January 31,
2011. Thereafter, all such persons shall be certified as required in subsection (a).
(b) It shall be unlawful to commence or to continue to operate a massage
establishment in or upon any premises within the City of Tustin without having a valid
massage establishment permit issued pursuant to this Part. It shall be unlawful to operate
a massage establishment at any time while a massage establishment permit is expired,
cancelled, suspended or otherwise invalid.
(1) Massage establishments holding a valid Tustin massage
establishment permit as of the effective date of this Ordinance shall be exempt from the
requirements of subsection (b) of this Section until January 31, 2011. Thereafter, all such
persons shall be required to comply with subsection (b).
(c) No massage establishment permit maybe sold, transferred, or assigned by
a permittee, or by operation of law, to any other person or persons. Any such sale,
transfer, or assignment, or attempted sale, transfer, or assignment shall be deemed to
constitute a voluntary surrender of such permit and such permit shall thereafter be null
and void; provided and excepting, however, that if the permittee is a partnership and one
or more of the partners should die, one or more of the surviving partners may acquire, by
purchase or otherwise, the interest of the deceased partner or partners without effecting a
surrender or termination of such permit, and in such case, the permit, upon notification to
the Director, shall be placed in the name of the surviving partner(s). A massage
establishment permit issued to a corporation shall be deemed terminated and void when
either any outstanding stock of the corporation is sold, transferred, or assigned after the
issuance of a permit, or any stock authorized but not issued at the time of the granting of
a permit is thereafter issued or sold, transferred, or assigned. Except as expressly
provided herein, a massage establishment may not be operated under a new owner or new
operator until a new massage establishment permit is issued by the City of Tustin
identifying both the new owner and new operator.
(d) The operator identified in a massage establishment permit may become the
owner and operator thereunder, and without the issuance of a new massage establishment
permit, by notifying the City in writing of the change in ownership.
3664 Massase establishment or services - Massage Establishment Permit
Application Requirements.
(a) Prior to commencing operation of a massage establishment, the owner and
operator desiring to operate the massage establishment shall apply for and obtain a
massage establishment permit. The permit shall be valid for the period of time set forth
for massage establishment permits in Section 3713. The application for the massage
establishment permit for each massage establishment shall be made jointly by, and shall
be signed by, both the owner and operator of that massage establishment.
(b) All applicants for massage establishment permits shall provide the following
relevant information about the owner, operator and establishment:
(1) Information regarding the type of ownership of the business, i.e.,
whether the business is owned by individual, partnership, limited liability
company (LLC), corporation, or otherwise:
a. If the establishment is owned by a corporation, the name of
the corporation shall be set forth exactly as shown in its articles of
incorporation together with the state and date of incorporation and the
name and residence address of each of its current officers and directors,
and of each stockholder holding more than five (5) percent of the stock of
that corporation.
b. If the establishment is owned by a partnership or limited
partnership, the application shall set forth the name and residence address
of each of the partners, including limited partners, if any. In addition, if
the establishment is owned by a limited partnership, it shall furnish a copy
of its certificate of limited partnership filed with the Secretary of State. In
addition, if one (1) or more of the partners is a corporation or LLC, the
provisions of this subsection pertaining to corporations and LLCs shall
apply.
c. If the establishment is owned by an LLC, the application
shall set forth the name and residence address of each manager and of
each member. In addition, if the establishment is owned by an LLC, it
shall furnish a copy of its articles of organization filed with the State. In
addition, if one (1) or more of the members is a corporation or limited
partnership, the provisions of this subsection pertaining to corporations
and partnership shall apply.
d. If the establishment is owned by an individual, the
application shall set forth the full name and residence address of the
owner, including all aliases.
(2) If the establishment is owned by a corporation, partnership, LLC,
or other entity (other than individual ownership), that entity shall designate one of
its officers (in the case of a corporation), general partners (in the case of
partnerships) or managers (in the case of an LLP) to act as its responsible
managing officer. Such responsible managing officer shall complete and sign all
application forms required for an individual applicant under this Part.
(3) The precise name under which the massage establishment is to be
conducted.
(4) The complete address and telephone numbers of the massage
establishment.
(5) A complete current list of the names, all aliases, and current
residence addresses of:
a. the operator;
b. all massage therapists and massage practitioners who will
perform massages at the massage establishment, whether as employees or
independent contractors of the massage establishment;
c. all other proposed employees in the massage establishment;
d. if the massage establishment will be managed in part by
individuals other than the owner or operator, then the list shall include the
name and residence address(es) of all such manager(s). A manager is the
person(s) designated by the operator of the massage establishment to act
as the representative and agent of the operator in managing day-to-day
operations of the massage establishment. (See definition of "Operator" in
section 3662.)
Owners and operators identified in the massage establishment
permit shall be responsible for the actions of all managers, massage
therapists, massage practitioners, employees and independent contractors
who are operating at, or in connection with, the massage establishment,
whether or not the owner or operator is aware of the actions. (See sections
3669 - 3669.2 regarding enforcement in the event of violations of this
Part.)
(6) For each massage therapist and massage practitioner who will
perform massage services at the massage establishment:
a. a copy of the massage therapist's or massage practitioner's
MTO certification; and
b, a color passport-size photograph of the certificate holder.
(7) The name and address of the owner and lessor of the real property
upon or in which the business is to be conducted. If the applicant is not the legal
owner of the property, the application must be accompanied by a copy of the lease
and a signed acknowledgment from the owner of the property that a massage
establishment will be located on his/her property.
(8) If the massage establishment is owned by a corporation, LLC,
partnership or other entity (other than an individual), the application shall include
a description of any other business owned or operated by the owner, whether
located on the same premises, or elsewhere within the State of California.
(9) If the owner of the massage establishment is an individual who is
not certified by the MTO, the application shall include all of the following
information: (individual owners who are certified by the MTO are required to
obtain a massage establishment permit but are not required to provide the
information required in subsections (a) through (k) below):
a. Full complete name and all aliases used by the owner;
b. All residential addresses for eight (8) years immediately
preceding the date of the application;
c. A description (including name, type of business, address
and phone numbers) of any other business owned or operated by the
owner, whether located on the same premises, or elsewhere within the
State of California;
d. Proof of the owner's date of birth;
e. Height, weight, color of hair and eyes, and sex of the
owner;
f. Two (2) front-facing portrait color photographs at least two
(2) inches by two (2) inches in size;
g. 'The owner's complete business, occupation, and
employment history for eight (8) years preceding the date of application:
h. The complete massage permit history of the owner;
whether the owner has ever had any permit or license issued by any
agency, board, city, county, territory, or state; the date of issuance of such
a permit or license, whether the permit or license was denied, revoked, or
suspended; or if a vocational professional license or permit was denied,
revoked, or suspended; and the reason therefor;
i. All criminal convictions of the owner, including pleas of
nolo contendere, within the last five (5) years, and the date and place of
each such conviction and reason therefor, including those dismissed or
expunged pursuant to Penal Code Section 1203.4, but excluding minor
traffic violations;
j. Evidence that a complete set of fingerprints of the owner
was taken through the Livescan service;
k. the owner's Social Security Number; and
1. Authorization for the City, its agents and employees to seek
verification of the information contained in the application.
(1 O) If the operator of the massage establishment is an individual who is
not certified by the MTO, the application shall include all of the following
information (individual operators who are certified by the MTO are required to
obtain a massage establishment permit but are not required to provide the
information required in subsections (a) through (k) below):
a. Full complete name and all aliases used by the operator;
b. All residential addresses for eight (8) years immediately
preceding the date of the application;
c. A description (including name, type of business, address
and phone numbers) of any other business owned or operated by the
operator, whether located on the same premises, or elsewhere within the
State of California;
d. Proof of the operator's date of birth;
e. Height, weight, color of hair and eyes, and sex of the
operator;
f. Two (2) front-facing portrait color photographs at least two
(2) inches by two (2) inches in size;
g. The operator's complete business, occupation, and
employment history for eight (8) years preceding the date of application;
h. The complete massage permit history of the operator;
whether the operator has ever had any permit or license issued by any
agency, board, city, county, territory, or state; the date of issuance of such
a permit or license, whether the permit or license was denied, revoked, or
suspended; or if a vocational professional license or permit was denied,
revoked, or suspended; and the reason therefor;
i. All criminal convictions of the operator, including pleas of
nolo contendere, within the last five (5) years, and the date and place of
each such conviction and reason therefor, including those dismissed or
expunged pursuant to Penal Code Section 1203.4, but excluding minor
traffic violations;
j. Evidence that a complete set of fingerprints of the operator
was taken through the Livescan service;
k. The operator's Social Security Number; and
1. Authorization for the City, its agents and employees to seek
verification of the information contained in the application.
(c) The massage establishment permit application shall be accompanied with
an application fee in such amount as the City Council may establish by Resolution or
Ordinance.
(d) In addition to a massage establishment permit, a massage establishment
shall maintain a City business license and pay any business license tax when due.
(e) The application for the massage business license does not authorize
operation of a massage establishment or performing massage services until the massage
establishment permit is issued.
(f) It shall be the responsibility of each massage business owner and operator to
file copies or provide other evidence of the certificates held by the persons who are
providing massage services at the business.
(g) It shall be the responsibility of each massage business owner and operator to
provide written notification to the City at least fourteen (14) calendar days prior to
renaming, changing management, or conveying the massage establishment business (or
any portion thereof) to another person.
3665 Exemptions.
(a) This Part does not apply to MTO-certified massage therapists or massage
practitioners who perform chair massages on fully clothed persons in the view of the
public.
(b) Except as provided in subsection (c) below, the provisions of this Part
shall not apply to individuals within the following professional categories while engaged
in or performing the duties of their respective professions:
(1) Physicians, surgeons, chiropractors, osteopaths, acupuncturists,
and physical therapists, if duly licensed to practice in the State of California.
(2) Registered or licensed vocational nurses duly registered by the
State of California.
(3) Licensed employees of hospitals, nursing homes, or other health
care facilities duly licensed by the State of California when acting within the
scope of their licenses.
(4) Barbers and beauticians who are duly licensed under the laws of
the State of California, while engaging in practices within the scope of their
licenses.
(5) Coaches and trainers employed by accredited high schools and
colleges, therein while acting within the scope of their employment.
(6) Trainers of any amateur, semi-professional or professional athlete
or athletic team.
(7) Physical therapist students, and massage therapist and massage
practitioner students earning practical hours for school/education, and who are
currently enrolled in a licensed program for physical therapy or massage therapy
through a recognized schooUeducation center, provided such students work under
the direct supervision of an exempted professional as defined in this section.
Direct supervision means that an exempted professional, as defined in this
section, must be present at all times when a student is performing massages.
(c) An exempted professional listed in subsection (b) above may
himself/herself perform massages without an MTO certification or massage
establishment permit. However, it shall be unlawful for any employee or independent
contractor of an exempted professional listed in subsection (b) above to perform
massages unless either:
(1) all such employees and independent contractors performing
massages are independently exempt professionals pursuant to subsection (b)
above (in which event no massage establishment permit is required); or
(2) if any one or more of the employees or independent contractors
performing massages is not an exempt professional listed in subsection (b), the
establishment is operated subject to a valid massage establishment permit issued
pursuant to this Part. If a massage establishment permit is required under this
paragraph, then the applicant for the massage establishment permit shall provide,
as to each individual who performs massage services at the establishment, either
of the following:
i. the documents and information required by Section
3664(b)(6), or
ii. documentary evidence that such individual is an exempted
professional listed in subsection (b) above.
3666 Massage establishment--Facilities.
Every massage establishment shall maintain facilities meeting the following
requirements:
(a) Ski -subject to applicable provisions of the City's Codes, a recognizable and
legible sign shall be posted at the main entrance identifying the business as a massage
establishment.
(b) Li tin -minimum lighting shall be provided in accordance with the
Electrical Code adopted by the City and, in addition, at least one artificial light of not less
than forty (40) watts shall be provided in each room or enclosure where massage services
are performed on patrons and shall be activated at all times while a patron is in such room
or enclosure.
(c) Equipment -adequate equipment for disinfecting and sterilizing instruments
used in performing the acts of massage shall be provided.
(d) Water -hot and cold running water shall be provided at all times.
(e) Linen storage -closed cabinets shall be provided and utilized for storage of
clean linens, and approved receptacles shall be provided for the deposit of soiled linen.
(f) Separation of sexes - if male and female patrons are to be served
simultaneously at the massage establishment, a separate massage room or rooms and
separate dressing, bathing and toilet facilities (if provided) shall be provided and utilized
for male and female patrons. Each separate facility or room shall be clearly marked as
such.
(g) Massage table pads -pads used on massage tables shall be covered in a
professional manner with durable, washable plastic or other waterproof material
acceptable to Orange County Health Care Agency.
(h) Steam rooms and sauna facilities -Where steam rooms or sauna baths are
provided, if male and female patrons are to be served simultaneously, separate steam
rooms or sauna rooms shall be provided for male and female patrons.
3667 Massage establishment oueration.
Every massage establishment shall comply with the following operating requirements:
(a) Each person acting as a massage therapist or massage practitioner shall
have a valid certificate issued by the Massage Therapy Organization, a clearly legible
copy of which shall be conspicuously posted in the room or location where massage
services will be provided.
(b) It is unlawful for the owner, operator, responsible managing employee,
manager or certificate holder in charge of or in control of the massage establishment to
employ or permit a person to act as a massage therapist or massage practitioner who does
not possess a valid massage therapist or massage practitioner certificate issued by the
Massage Therapy Organization.
(c) No business, except those exempted under section 3665 herein, may
employ anyone to provide massage or allow anyone to massage unless the massage
provider possesses a valid massage certificate issued by the Massage Therapy
Organization.
(d) Massage operations shall be carried on and the premises shall be open
only between the hours of 6 a.m. and 10 p.m. A massage begun any time before 10 p.m.
must nevertheless terminate at 10 p.m. No person, whether certified or not, may provide
massage in exchange for compensation after 10:00 p.m.
(e) A list of services shall be posted in an open, public place on the premises,
and shall be described in readily understood language. No owner, operator, responsible
managing employee, manager, or certificate holder shall permit, and no massage therapist
or massage practitioner shall offer to perform any services other than those posted.
(f) Any massage establishment or business shall maintain on its premises
evidence for review by local authorities that demonstrates that all persons providing
massage services are certified by the Massage Therapy Organization.
(g) Each massage therapist and massage practitioner shall wear a name tag
displaying the name specified on their certificate while administering a massage and
which shall be worn on outer clothing and be clearly visible. The massage therapist and
massage practitioner shall not use any name other than specified on their certificate and
name tag while on duty.
(h) Massage therapists and massage practitioners shall be fully clothed at all
times while in the presence of any other individual within the massage establishment.
Clothing shall be of a fully opaque, non-transparent material and provide the complete
covering from mid-thigh to three (3) inches below the collar bone.
(i) Areas where massages are to be performed shall be separated by a non-
lockable door unless there is no staff available to assure security for clients and massage
staff who are behind closed doors. Said door shall not be equipped with a "peep hole" or
any other device that allows anyone to see into or out of this room when the door is
closed.
(j) Towels and linens shall not be used on more than one (1) patron unless
they have first been laundered and disinfected. Disposable towels and coverings shall not
be used on more than one (1) patron. Separate closed cabinets or containers shall be
provided for the storage of clean and soiled linen and shall be plainly marked: "clean
linen," "soiled linen."
(k) Wet and dry heat rooms, steam or vapor rooms or cabinets, shower rooms
and compartments, toilet rooms and pools shall be thoroughly cleaned and disinfected as
needed, and at least once each day the premises are open, with a disinfectant approved by
the Health Department. Bathtubs shall be thoroughly cleaned after each use. All walls,
ceilings, floors, and other physical facilities for the establishment must be in good repair
and maintained in a clean and sanitary condition.
(1) Instruments utilized in performing massage shall not be used on more than
one (1) patron unless they have been sterilized using approved sterilizing methods.
Adequate equipment for disinfecting and sterilizing instruments used in performing the
acts of massage shall be provided which are approved by the department or agency
designated by the City Manager to make inspections for compliance with health
standards.
(m) Where a covering is furnished by the massage establishment, it shall not
be used by more than one (1) patron until it has first been laundered and disinfected.
(n) The owner or operator of the massage establishment shall keep a complete
and current list of the names and residence addresses of all massage therapists, massage
practitioners and employees of the massage establishment, and the name and residence
addresses of the manager or managing employee purported to be principally in charge of
the operation of the massage establishment. This roster shall be kept at the premises and
be available for inspection by officials charged with enforcement of this Part.
(o) Every massage establishment shall keep a written record of the date and
hour of each treatment administered, the name and address of each patron, the name of
the massage therapist or massage practitioner administering treatment, and the type of
treatment administered, to be recorded on a patron release form. Such written record shall
be open to inspection by officials charged with enforcement of this Part. Such records
shall be kept on the premises of the massage establishment for a period of two (2) years.
In the event the massage establishment relocates, the records shall be retained at the new
location.
(p) No part of the massage establishment shall be used for residential or
sleeping purposes.
(q) No person shall enter, be, or remain in any part of a massage
establishment while in the possession of, consuming, or using any alcoholic beverage or
illegal drug. Legal over-the-counter drugs and prescription drugs are permitted, provided
the individual in possession of the prescription drug is the individual identified on the
prescription label. The responsible owner, operator, managing employee, manager or
permittee shall not permit any person in possession of illegal drugs to enter or remain
upon such premises.
(r) Every massage establishment shall be open at all times during hours
during which massage is being provided for inspection by any officer of the City of
Tustin.
(s) All doors leading into a massage establishment or area where massages
are being performed shall remain unlocked during business hours unless there is no staff
available to assure security for clients and massage staff who are behind closed doors.
(t) No massage establishment shall simultaneously operate as a school of
massage, or share facilities with a school of massage.
(u) An owner, operator or manager shall be at the massage establishment at all
times when massages are being performed.
3668 Prohibited conduct .
(a) A massage therapist or massage practitioner shall not violate the
provisions of Sections 647(x) and (b) of the California Penal Code, or any other state law
involving a crime of moral turpitude, and such practices shall not be allowed or permitted
by anyone.
(b) A massage therapist or massage practitioner shall be fully clothed at all
times while in the presence of any other individuals in the massage establishment and
shall not expose his or her genitals, pubic area, buttocks, or in the case of female
therapists or practitioners, her breasts, and such practices shall not be allowed or
permitted by anyone.
(c) Except as expressly permitted herein, a massage therapist or massage
practitioner shall not massage a patron of one sex within the view of a patron of the
opposite sex, and such practices shall not be allowed or permitted by anyone unless all
parties expressly consent to the treatment, location, and presence of the patron of the
opposite sex.
1. This subsection shall not apply if all involved patrons are fully
clothed, excluding socks or stockings.
2. No more than one male and one female may consent to be
massaged in the same treatment room.
3. No person under the age of 18 may consent to a massage in the
presence of another unless the other patron present is the minor's parent or legal
guardian, and the parent or legal guardian consents.
(d) No more than two members of the same sex may consent to be massaged
in the same treatment room unless all involved patrons are fully clothed, excluding socks
or stockings.
(e) A massage therapist or massage practitioner shall not massage, fondle, or
otherwise have intentional contact with the genitals or anus of any patron, or the breasts
of a female patron and such practices shall not be allowed or permitted by anyone.
(f) A massage therapist or massage practitioner shall not give a massage
unless the breasts of female patrons are covered and the genitals of all patrons are
covered, and such practices shall not be allowed or permitted by anyone.
(g) It shall be unlawful for a massage therapist or massage practitioner or any
other person to perform, or to offer to perform, a massage for compensation in any
private residence (including the private residence of a massage therapist or massage
practitioner) or in a hotel or motel room.
3669 Responsibility .
Pursuant to Business and Professions Code section 4612(c), the owner and
operator of a massage business or establishment shall be responsible for the conduct of all
employees and independent contractors working on the premises of the business.
Accordingly, any massage establishment permit maybe suspended or revoked based also
upon violations of this Part committed by the permittee's employees or independent
contractors, whether or not such violations occur without the actual knowledge of the
owner or operator.
3669.1 Violation-Penal
In addition to any other penalty or remedy set forth in the Tustin City Code (including all
remedies available under Chapter 1 of Article 1 of the Tustin City Code) or set forth
under State or Federal law, any person violating this chapter shall be guilty of a
misdemeanor, punishable by a fine of one-thousand dollars ($1,000) per violation or by
imprisonment in the county jail for a period not to exceed six (6) months, or by both such
fine and imprisonment. Each day or portion thereof that a person permits a violation of
this Chapter to continue shall constitute a separate and subsequent offense.
3669.2 Unlawful operation declared nuisance .
Any massage establishment operated, conducted or maintained contrary to the provisions
of this chapter shall be and the same is hereby declared to be unlawful and a public
nuisance. The City Attorney may, in addition to, or in lieu of prosecuting a criminal
action hereunder, commence an action or actions, proceeding or proceedings for
abatement, removal or enjoinment thereof, in the manner provided by law. The City
Attorney shall take such other steps and shall apply to such court or courts as may have
jurisdiction to grant such relief as shall abate or remove such massage establishment and
restrain and enjoin any person from operating, conducting or maintaining a massage
establishment contrary to the provisions of this Part.
SECTION III. Sections 3712, 3713 and 3714 of Article 3 of the Tustin City
Code are hereby amended to read in their entirety as follows:
3712 -DENIAL
An application for a permit, including renewal of a permit, maybe denied for any
of the following reasons:
(1) The applicant has made material misrepresentations of fact or omitted
material information required by the application;
(2) The applicant does not meet the prerequisites for a permit as specified
in this Article. The Director or the Planning Commission has the
discretion to evaluate information presented to satisfy prerequisites and to
determine its credibility or reliability;
(3) In the case of a renewal, the permit maybe also denied if the permittee
has failed to abide by the operational regulations specified in this code or
the conditions of the permit. The proposed denial of the renewal of a
permit for these reasons shall be heard and decided by the Director or the
Planning Commission.
(4) In the case of an adult entertainment booking agency, massage
establishment, or mobile ice cream vendor, if the applicant or any of
his/her managers, supervisors, or employees have been convicted within
the last five (5) years of any offense classified by the State of California as
an offense involving sexual crimes against children, sexual abuse, rape,
kidnapping, distribution of obscene material or material harmful to
minors, prostitution or pandering, including, but not necessarily limited to,
the violation of any crime requiring registration under California Penal
Code Section 290, or any violation of Penal Code sections 243.4, 261,
261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288,
288a, 311 through 311.10, inclusive, 314, 315, 316, or 647, or any offense
outside the State of California that would constitute any of the above-
described offenses if committed within the State of California, or if the
applicant or any of his/her agents, managers, supervisors, employees, or
independent contractors have been convicted within the five (5) years
immediately preceding the application of any offense involving the sale of
a controlled substance specified in Health and Safety Code Sections
11054, 11055, 11056, 11057 or 11058, or the possession for sale and/or
possession of a controlled substance, as specified above, or been subjected
to a permanent injunction against the conducting or maintaining of
nuisance pursuant to Sections 11225 through 11235 of the California
Penal Code, or any similar provisions of law in a jurisdiction outside the
state.
(5) Any applicant has engaged in conduct in the City or in another
jurisdiction which, if it had occurred within the City, would constitute
grounds for denial, suspension, or revocation under any Part under this
Article.
(6) Any applicant has been convicted within the five (5) years
immediately preceding the application of an act involving dishonesty,
fraud, deceit or an act of violence, which act or acts are related to the
qualifications, functions, or duties of the permiee.
(7) The application does not contain all of the information required by the
Part applicable to the permit application.
(8) In the case of a massage establishment:
(a) the applicant has had a massage establishment permit, MTO
certificate, massage technician permit or other similar license or permit
denied, suspended, revoked, or refused to be renewed for cause by a
permitting authority or by any city, county, or state; or
(b) the massage establishment as proposed by the applicant does
not comply with all applicable laws, including, but not limited to, health,
zoning, fire and safety requirements and standards; or
(c) the applicant, or any of the applicant's employees or
independent contractors, has violated a provision of Business and
Professions Code sections 4600-4613.
Denial of permits, including renewals of permits, may be appealed in accordance
with Part 3 of this Chapter.
3713 -TERM
Unless a different term is specified in this Article, permits shall be valid from the
date of issuance until revoked or abandoned. Massage establishment permits shall
be valid from the date of approval by the City until January 31 of the following
calendar year, and shall be renewed annually on or before January 31
I 3714 -ANNUAL UPDATE
Information required on the application for the original permit shall be updated
and corrected by the applicant as appropriate on an annual basis, or as otherwise
required by conditions of the permit.
SECTION IV. Section 3141 of the Tustin City Code is amended to add the
following definitions shown with underscored text and to delete the following definitions
shown with strikeout text:
omnensation. The payment. loan. advance. donation. contribution. depo it. or
gift of money or anvthin~ of value.
> ,
> >
a ~ ~ p ~ s~pl e~ ~ ~ ~ --~
" ass a~e" o r "massase therapy" means any method o f pressure on or friction
~uains t or stroking kneading
rubbing
t
i di
ib
ti
stimul
atins t .
he external .
.
p
ns.
darts of the human body with th poun
ng. v
ra
ng. or
e hands ~r with the a;r~ of
any mechan ical or el ectrical apparatus or ~nlian ce or with or without
e menta rv aids suc h as rubbins alcohol. li imen t_ anti eptic, oil. powder.
cream , ointm ent, or othe r similar preparations co mo l v used in this practice
• ~ ,
Massage establishment. Anv establishment havns a fixed place of business
where any person or combination of persons. ensases_ in. conducts. carries on or
nermit~to be encased in, conducted or carried on. m safe or he th treatments
involvins massase.
Massage operator.
. See definition of "Operator" in section ~fi62
assage practit ioner. A person who is certified by t he Massage Therapy
r~anization un der Subd ivision (bl of Secti on 4601 of th e California Business
Professional s Code. a nd who ad ministers ma aEe for co mpensation.
~~ ~~ ~~ ~~
Massag e therabist. A per son who _s__ _certified by the Massage Theranv
~aniz ation under Subdivi sion (cl of Se ction 4601 of the Califo is Busine
and Pro fessions Cod e. and w ho administer s massage for compensation.
MTO or Massage Theranv Organization The Massage Therapy Organization
described in Subdivision (cl of Section 4601 of the California Business and
Professions Code.
n_..,....,.,.t....,. r~. .:_.,. a..:4,. inn ~ .~..r ~ _ ~ ~ ~ ~~ ~ n~
> > >
Person. An individual person. ioint
venture, association. partnership 1' ited_liability comna`n_v. corporation or other
itv
SECTION V. Article 9 of the Tustin City Code is amended as follows:
Section 9232.a.2 is hereby repealed and replaced in its entirety as follows:
2. Service businesses, exemplified by the following list, including any retail
sales incidental thereto, when conducted within a building:
(a) Banks, financial institutions and savings and loans (including those
providing drive-thru service)
(b) Barber shops
(c) Beauty parlors
(d) Dance studios
(e) Dry-cleaning or laundry agencies (pick-up and delivery only)
(f) Equipment rental business conducted within a building (light
materials i.e. party supplies, household appliances, small household
tools, medical equipment, etc.)
(g) Laundromats or other self-service laundering facilities
(h) Locksmiths
(i) Martial Arts studios
(j) Massage Establishments
(k) Recycling facilities or reverse vending machines (as defined in
Section 9297 and subject to the provisions set forth in Section
9271bb)
(1) Reprographics
(m) Restaurants (not including drive-ins/drive-thru, take-out or walk-up)
(n) Seamstress or millinery shops
(o) Shoe or luggage repair shops
(p) Smog check stations with service bays in conjunction with approved
service station
(q) Tailor shops
(r) Travel agencies
(s) Tutoring facilities
Section 9232.b.18 is deleted.
SECTION VI. The definition of "Massage establishment" in Section 9297
of the Tustin City Code is hereby deleted and replaced in its entirety to read as follows:
"Massage Establis ent" hall be defined as set forth in Section ~ 141 of the Tnct;n C';tv
Code•
SECTION VII. Section 3121 of the Tustin City Code is hereby repealed
and replaced in its entirety as follows:
3121 -SCOPE/APPLICABILITY
The business regulations in this Article shall apply to those businesses operating within
the City and identified in this Article. Whenever the applicability of this Article to a
particular business is subject to varying interpretation, the City Council shall be the final
appeal body and final decision maker as to the scope of this Article and its application to
a particular business.
All businesses operating within the City of Tustin shall comply with the requirements of
Article 3 regardless of when they began operating within the City.
SECTION VIII. This Ordinance shall take effect on the 31St day after its
adoption. The City Clerk or his or her duly appointed deputy shall certify to the adoption
of this Ordinance and shall cause this Ordinance to be published as required by law.
Urgency Ordinance No. 1371 shall be repealed as of the effective date of this
Ordinance.
SECTION IX. The City Council finds that this Ordinance is not subject to
the California Environmental Quality Act pursuant to Sections 15060(c)(2) (the activity
will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, Cal. Code of Regs, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
SECTION X. If any section, subsection, subdivision, sentence, clause, phrase,
or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Ordinance. The City Council hereby declares
that it would have adopted this Ordinance and each section, subsection, subdivision,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more
section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared
invalid or unconstitutional.
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin
on this _ day of 2010.
JERRY AMANTE, MAYOR
PAMELA STOKER, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
CERTIFICATION OF ORDINANCE NO.
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the
City of Tustin, California, does hereby certify that the whole number of the members of
the City Council of the City of Tustin is five; that the above and foregoing Ordinance No.
1380 was duly and regularly introduced and read at the regular meeting of the City
Council held on the 1 S` day of June, 2010, and was given its second reading, passed and
adopted at a regular meeting of the City Council held on the _ day of 2010, by
the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
PAMELA STOKER, City Clerk
Published:
ATTACHMENT B
SENATE BILL NO. 731
w,vs n ~;a„~
BILL 21~l8Dtt 3H 731 QiAPT~ 09/17/05
Clil1PTl:it 3t0
PILSD HITS 81<CRETAAY 01 3T7-T3 88PTSM8>vt
ApPROVBD HY t3OV3R2/0R SSpTSNHSit 17, 100•
PA88SD THS 8S2i11T3 AUOUBT 19, 1000
PA881~ TSS A88S1~LY ~~ 13, 1005
A~D® 221 1188SN8LY AUORTHT 8, 1005
AMQ~iDtp Ili A888N8LY JULY 9, 2007
AMR21D® IDl A881~LY JUNS 15, 1007
AMiR1D®~ 8SW1T8 M71Y 8, 1007
A-IQID=D IN 981111T3 APRIL 16, 1007
AMi21D® IN SS~TS APRIL 19, 1007
AM>D1D><D ~ 8SI1J1T3 APRIL 16, 1007
I2iTRODU® HY senator Oropesa
F88RU11itY 13, 1007
17, 100•
An eat to add and repeal Chaptes 10.5 (c~eaaiag Mitb 8eation
4600) o! Division 1 of the Husineas and prolessia~ns Code, relating to
massage therapy.
LS(iI8Li1TIV8 COUl18SL ~ 8 DI02s8T
3s 731, Oropesa. Massage therapy,
Sxisting law provides for the regulation of various healing art•
professionals, including physicians and surgsaais, chi
physical therapists, and aaupuacturists. Sxisting laMrau~thorises the
legislative body o! a aity or county to enact ordinances pravidiag
for the licensing and regulation of the busiaes• o! massage rhea
carried on within the aity or county,
Thi• bill mould, covmeaciag Beptes~er 1, 1009, provide for the
certification of massage practitioners and massage thsrapist• by the
Massage Therapy Organisation, Mhiah Mould be a nonprofit arganiuhioa
meeting specified requiresisnts, and could impose certain duties oa
the organisation. The bill Mould require applicants !or certitigtioa
to be ie years of age. or olds, to meet spsailied educational
criteria, to psvvide to the organisation and update certain
iss~osmatioa, to provide li~erprint• far subsission to the Department
of Jwtice for a criminal background check, sad to pay tees
by the organisation. The bill Mould require the required
Justice to rwieM speaitiad intorsatiaa sad to DeWrtmsnt o!
organisation fitness detersinatioeis arai certainpo her ialoz~stioa.
The bill Mould allay the organisation to take certain disciplinary
action against certificate holders and Mould require the organizatiaa
to talcs certain action Mith regard to euepe~ag or revakiag a
certificate if the certificate holder has been arrested for, and
charged with, specified crimes. The bill Mould mske it as unfair
business practice for a person to state, advertise, or represent that
he or she i• certified or licensed by s gavezmaental agency as a
massage therapist or practitioner, or to make other false
representations, as specified, The bill Mould prohibit a city,
county, or city and county free enacting certain ordinances
regulating the practice o! massage by a certificate holder, a•
specified. Tha bill Mould make its provisions subject to review by
the Joint Comittee oa Hoards, Co~issioas, and Consueer Brotectian.
ht~J/wrvw•1e~nfoca.~av/cgibnn//>~tupe~y
~a~e i of iz
1Q134r2OO8
WAI3 Docsanant Retr~val
The bill would repeal there provisions oa January 1, 2016.
THB PEOPLS 01 THB ST11TS Oy C11LIpOR~iIA DO BNkCf 118 FOLLOMB:
SECTIODi i. it i• the intent of this act to create a voluntary
certification for the massage therapy profession that will enable
consunsezs to easily identify credible certified massage therapistst
assure that certified massage therapist• haw completed sufficient
training at approved schools phap in increased education and
Graining standards rnnsistent with other stataei assure that massage
therapy can ao longer be used as a subterfuge'to Violate subdivision
(a) or Ib) o! Section 647 of the Penal Co~1 and to provide a
self-funded nonprofit oversight body to approve certification and
education requiraeents for massage therapists.
SEC. Z. Chapter 10.5 (coawencing with Section 4600) is added to
Division Z of the Business and Professions Code, to reads
CH71PTDt 10 . S . M718871a1 T1DZR11PIST8
4600. 11s used in this chapter, the following terms shall haw the
following meanings
(a) "1pproved school• or 'approved massage school• means a
facility that meets minimum standards for training and curriculum in
massage and related subjects and that is approved by nay of the
following:
(1) The Bureau foe Private Postsecondary and Vocational Education
pursuant to forest Section 94739 of the Education Code prior to July
1, 1007, sad as of the date on which as applicant met the
requiresisate o! paragraph (Z) of subdivision (b) or subparagraph (11)
o! paragraph (1) of subdivision (c) o! Section 4601.
(~) The Department of Consumer 1lffairs.
(3) 11n institution aaasedited by the 1lccrediting Comsiissioe for
Senior Colleges and Universities or the 1lacrediting Comaissioa for
Community and ~71~aior Colleges of the Nesters 1lssociation of Schools
and Colleges and that is one of the following
(1-) 11 public institutive.
(B) 11n institution incorporated and lawfully operating as s
nonprofit publio benefit corporation pursuant to Part ~ (cos~sncing
with eeatian 5110) of Division Z of Title 1 of the Corporations Code,
and that i^ not managed by nay entity for profit.
lC) Afor-profit institutive.
(D) 11n institutions that does not meet all of the criteria in
subparsgrapb (8) that is inc;orporatad sad lawfully operating as a
nonprofit public benefit corporation pursuant to Part 9 (ca~asencing
with Section 5110) of Division 4 of Title 1 of the Corporations Code,
that has bees is contiauaus operation since lspsil 15, 1999, sad that
is not managed by nay entity for profit.
(4) 1- college or university of the state higher education system,
as defined is Section 100950 of the Education Code.
(5) 11 school of equal or greater training that is approved by the
corresponding agency is another state or accredited by as agency
recognised by the United states Department of Education.
(b) •Compeasatian• means the payment, loan, advance, donation,
contribution, deposit, or gift o! money or anything of value,
(c) •Massage therapist,• •bodyworker,• ^bodywork therapist,• or
"massage and bodywork therapist• means a persons who is certified by
the Massage Therapy Organisation under subdivision (c) of 9ectian
4601 and rho administers massage for compensation.
(d) "Massage practitianer,• •bodywork practitioaer,• or "message
Page 2 of 12
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WAI3 Document R~riaval
and bodywork practitioner' mesas n person Mho i• certified by the
Massage Therapy Orgaaisatioa under subdivision (b) of Section 4601
and rho admiaistars mnssage for compensation.
(e) •Organisatian• means the Massage Therapy Orgaaisatian created
pursuant to this chapter, rhich shall be a nonprofit organisation
exempt from taxation under 9ectioa 501(c)(3) o! Title Z6 of the
United states Code. The organisation may commsace activities a•
authorised by this section Dace it has submitted a request to the
internal Rweaue service seeking this exemption.
(f) 'Registered school' means a facility that meats minimum
standards for training and curriculum in massage and related subjects
and that either Mas recognised by the Hureau for privets
Postsecondary sad Vocational 8ducation pursuant to Section 94931 of
the Education Code prior to July 1, 2007, sad as of the date oa rhich
an applicant met the requirements of paragraph (9) of subdivision
(b) or subparagraph (11) of paragraph (Z) of subdivision (c) of
section 4601, or is recognised by the Depsstmsnt of Coaswssr 1lffairs,
by as institution accredited by the senioz commission or the junior
coe~sissioa o! the Mestesa nssociatioa o! Schools and Colleges as
defined in paragraph (9) of subdivision (a) o! Section 4s00, by a
college os university of the state higher educations systes as defined
in Section 100150 of the Education Code, or by a school of equal or
greater training that is approved by the corresponding agency in
another ^tate.
(g) Fox purposes of this chapter, ehs terms •massage' and
bodywork shall haw the same meaning.
4600.5. (a) ]- Massage Therapy Orgsnisatioa, as defined in
subdivision (e) of section 4600, shall be created and shall haw the
rssponsibilitias and duties set forth in this chapter, The
organisation may take any rusonable nations to carry out the
responsibilities and duties set forth is this chapter, iaaluding, but
not limited to, hiring staf! and entering into contracts,
(b) (1) The organisations shall bs governed by s board of directors
made up o! two representatives selected by each protessional
society, association, or other entity, whose membership is coeiprised
o! massage therapists and that chooses to participate is the
organisstiaa. To qualify, a professional society, association, or
other entity shall haw adues-paying mssibership ~ California o! at
Iust 1,000 individuals !os the last three years, sad shall haw
bylaw that require its members to caaply Mich a code of sthias. The
board of directors shall also include each o! the following persoase
(1U One member selected by each stateride association of private
postsecondary schools iavosporatsd an or before Jaauasy 1, 2010,
chose mswber schools haw together had at least 1,000 graduates in
each o! the previous three years from massage therapy progras~
meeting the approval ^taadards set forth in subdivision (a) of
seatian 4600, except troy those qualifying associations that choose
not to exercise this right of selection.
(H) One member selected by the League of California Cities, unless
tJut entity chooses not to exercise this right of selections.
(C) One member selected by tlse California state llssoaiaticas of
Counties, unless that entity chooses not to exercise this right of
selection.
(D) One member selected by the Director of Consumer 1lffairs,
unless that entity chooses not to exercise this right of selection.
(S) One member appointed by the California Comsunity College
Chasscellor~s Ofiice, unless that entity chooses not to exercise this
right of selection. The person appointed, if say, shall not be part
of air massage therapy certificate or degree prograis.
The orgaaiaation~s bylaw shall establish a process for appointing
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other professional directors as determined by the board.
(1) The initial board of directors shall establieh the
organs utioa, initiate the request for tax-exsspt status Eras the
Internal Revenue Service, and solicit input from the massa~
community concerning the operations of the orgaaizati~. The initial
board of directors, in its discretion, may immediately undertake to
issue the certificates authorised by this clsapter after adopting the
necessary bylars or other rules, or may establish by adoption of
bylars the permanent governing structure prior to issuing
certificates.
!c) The board of directors shall establish fees re:soaably related
to the cost of providing services and carrying out its ongoing
responsibilities and duties. Initi:l and raneral fees shall be
established by the board of directors annually.
(d) The seetiage o! the orgsaisatian shall ~ subject to the rules
of the Bagleytieene Open trleetings Act (Article 9 (cosmeacing rich
Section 11110) of Chapter 1 of Part 1 of Divisicn 3 of Title 1 of the
c3overasient Code) .
4601. (a) The orgaaisatioa shall issue a certificate under this
chapter to an applicant rho utisfies the requirements of this
chapter.
(b) (1) is order to obtain certification as a massage
practitioner, as applicant shall submit a rrittea applicatia~n and
provide the organs:atian rith satisfactory evidence that he or she
meets all of the follorinq requirements,
(]-) The applicant is 18 years of age or older.
(B) The applicant has successfully completed, 'at a single approved
school, curricula. in massage and related subjects totaling a minimum
of 150 hours that incorporates appropsiate school assessment of
student kno,rledge and skills. Included .in the hours shall be
instruction addressing anataay sad physiology, cantraindicatians,
health and hygiene, and business and ethics, rith at least 100 hours
of the sequired miaisaas 150 hourr devoted to these curriculus areas.
(C) All fees required by the organiutioa have been paid.
(1) Nor certificates shall not be issued pursuant to this
subdivision after Deca~ebes 31, 1015. Cestificates issued pursuant to
this section or subdivision (a) or (c) of Section 4604 oa or before
December 31, 1015, stall, after Deceeber 31, 1015, be reaetnd rithant
nay additional educatiaul requirements, provided that the
certificate holdes continues to be qualified pursuaat.to this
chapter.
(c) is order to obtain certification as a massaq~ therapist, as
applicant shall rubsit a rrittea application sad provide the
organisation rith satisfactory evidence that he or she meets all of
the folloring requirements,
(1) The applicant is 19 yeass of age or older.
(1) The applicant satisfies at least one of the folloring
requiresents:
(A) He or she has euccesrfully completed'the curricula in masrage
and related subjects totaling a miairius o! 500 hours. df this 500
hours, a minimum of 150 hours shall be iron approved schools. The
remaining 750 hours required may be secured either from approved or
registered schools, or fros contimiing education providers approved
by, or registered rith, the organization or the Department o!
Conrumar Affairr. After December 31, 1015, applicants msy Daly
satisfy the curricula in musage sad related subjects Eras approved
schools.
(8) The applicant has psss~d a massae~s and bodyrork competency
assessment exasiaation that meets generally recognised prychos~etric
principles and standards, and flat is approved by the board, The
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successlul completion of thin exasination may have been accomplished
before the date the organization is authorized by this chapter to
begin issuing certificates.
(3) 1111 fees required by the organisation have been paid.
(d) The organisation shall issue a certificat• to an applicant who
meets the other qualifications of this chapter and holds a current
and valid registration, certification, or licence iron nay other
etat• whose liceasure requirements meet or exceed those defined
within this chapter. The osganization shall haw diacrstion to give
credit for comparable acade+aic Mork completed by an applicant in a
program outside of California.
(e) Aa.applicant applying for a massages therapist or massage
practitioner certificat• shall Tile Mith the organization a Mritten
application provided by the organisation, showing to the satisfaction
of the organisation that he or she meets all o! the requirements of
thi^ chapter.
(f) P-ny certification issued under this chapter shall be subject
to renewal very two years in a mcaaer precasibed by the
organisation, and shall aspire unless renewed is that manner, The
organization may provide Lor the late renewei of a license.
(g) (i) The organization shall have the responsibility to
determine that the school or schools frow which as applicant has
obtained the education required by thi^ chapter meet the requirements
o! this chapter. if the organisation has any reason to question
whether or not the applicant received the education that i• required
by this chapter fran the school or schools that the applicant i^
claiming, the organization shall imestigat• the facts to determine
that the applicant received the required education prior to issuing a
cart i f irate. .
(3) Por purposes of paragraph ti) and nay other provision of this
chapter for which the organization is authorised to receive factual
inforaiatioa ac a condition of taking any action, the organisation
shall haw the authority to cau~dnet ore], iaterviers o! the applicant
and others or to make nay iavestigatiao deemed necessary to establish
that the information received i• accurate and satisfies nay criteria
established by this chapter.
4601.2. No certificates shall be issued by the organisation
pursuant to this chapter prior to September i, 1009.
4601.3. ta) Prior to issuing a certificate to the applicant or
designating a cnatodiaa of reoords, the organization aball require
the applicant os the custodian of records candidate to subait
tiagesprint images is a fos'~t caasisteat with the rsgniremsnts of this
section. The os+gsai:;tioa shall cubit the fingerprint images sad
related information to the Department of Jbstiae for the purpose of
obtaining informstion as to the existence sad nature o! a record of
state and federal level convictions and of state and federal level
arrests for which the Departms~st of J'ustics establishes that the
applicant or candidate was released oa bail or as his or her orn
recognizance pending trial. Requests !or federal level criminal
offender record infosmstioa received by the Department of Justice
pursuant to this section shall b• forwarded to the 8ederal Bureau of
imrestigatio~n by the Department of Jbatice. The Department of Justice
shall review the informattian returned Erna the 8ederal Bureau of
imrestigatian, and shall compile sad dissesinate a fitness
deter~sinatian regarding the applicant or candidate to the
organisation.
(b1 The Department of Justice shall provide•inforsiatioa to the
organization pursuant to subdivision (p) of 3ectian 11106 of the
Penal Cods.
(c) The Depaztasxst o! Jtiutice and the organisation shall charge a
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tee sufficient to crnrar the cost of processing the regwst for state
and federal level criminal otfeades record iafor~aatiaa.
(d) The organs:atioa shell request subsegwnt arrest notification
aervics frow the Depastmsnt of Justice, s• pzrnridad under Section
11105.1 of the Penal Code, for all applicants for liceasure or
custodian of records candidates for rho4 fingerprint images and
related information are submdtted to conduct a search far state and
federal level criminal offender record information.
(e) This section shall become operative 9eptssiber 1, 1009.
4601.4. Organisation directors, employees, or volunteer
individuals may undergo the background investigation process
delineated is Section 4601.3.
4601. (a) The organization may discipline a certificate holder by
any, or a coa~biaation, o! the folloriag methads~
(1) Placing the certificate holder as probation.
(1) Suspending the certificate cad the rights conferred by this
chapter oa a certificate holder !or a period not to asrceed one year.
(3) Revoking the certificate.
(4) 9uspe~adirsg ar staying the disciplinary order, ar portions of
it, rich os rithout cassditions.
(5) Taking other action as the organisation, as authors:ed by this
chapter or its bylarn, deesu proper.
(b) The orgaaisatloa may issue as initial certificate an
probation, with specific terms and conditions, to nay applicant.
(c) (1) Notrithstaadiag any other provision o! tar, if the
organization receives notice that a certificate holder has been
arrested and charges have been tiled by the appropriate prosecuting
agency against t)u certificate holder alleging a violation of
subdivision (b) o! 8eatioa 647 of the penal Code or nay other offense
described in subdivision (h) of 8ectioa 4603, the organization shall
take all of the folloring actions:
(1-) imsediately suspend, ors as iaterisl basis, the certificate of
that certificate holder.
(B) Notify the certificate holder rithin 10 days at the address
last tiled rith the orgaaizatiaen that the certificate has been
suspended, and the reason for the suspension.
(C) Notify nay bwines^ rithia 10 days that the arganizatioa has
is its retards as employing the certificate holder that the
certificate hu been suspended.
• (1) Upon aotiw to the organization that the charges described is
psragrap~t (i) haw resulted is a cxnvictian, the suspended
certificate shall becums subieot to permsa~t revocation. The
organization shall provide notice to the certificate Colder within 10
days that it has evidence o! a valid record of conviction cad that
the certificate rill be revoked uales^ the certificate holder
provides evidence rithia iS days that the coavictioa is either
invalid or that the iafostinatioa is otherriee erroneous.
(3) Upon notice that the charges haw resulted is as acquittal, or
haw otherwise been dismissed p~riar to coavictian, the certificate
shall be imsadiately reinstated and the certificate holder and any
business that received notice pursuant to subparagzaph (C) of
paragraph (1) shall b• notified of the rsiaseatessat rithia 10 days.
4601.5. (a) Upon the request of nay tar safarcemeat agency or nay
other repreaentatiw of a local government ageaay with
responsibility for regulating, or adsinistaring a local ordinance
relating to, massage or massage businesses, the organizati~s shall
provide information concerning a certificate holder, including, but
not limited to, the current status of the certificate, nay history of
disciplinary actions taken against the certificate holder, the home
and work addresus of the certificate holder, and any other
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information in the organisations posseasioa that i• necessary to
verify !acts relevant to administering the local ordinance,
(b) The organisation shall accept informative provided by any lar
enforcesstat agency or any other representative of a local govermasat
agency rith responsibility for regulating, or ad4lnistering s local
ordinance relating to, massage or massage businesses. The
organization shall haw the resp~ssibility to ravier say information
received and to take any actions authorized by this chapter that are
warranted by that information.
4603. it is a violation of thin ahaptsr for a certificate holder
to coss+it, and the organization may deny an application for a
certificate oz discipline a certificate holder for, say of the
folloring~
(a) Unproteasional conduct, including, but not limited to, denial
of liceasure, revocation, suspension, restricti~, or any other
disaiplinsry action agaisut a certificate holder by another state or
territory of the ihsited States, by say other gowrsmsat
another Glifarnia health care sge~' °r ~
certified aopy of the decisioa,~der~i~ l licensing board. ]-
coaclusiw evidence of these actives. jud9msat shall be
(b) Procuring a certificate by fraud, misrepresentation, or
mistake.
(c) Violating or attempting to Violate, directly or indirectly, or
assisting in os abetting the violation of, or conspiring to violate,
any provision or tern of thin chapter or anS- rule or bylar adopted
by the orgaai:atioa.
td) Caan~-ictioa of say felony, or conviction of a misdemeanor that
is substantially related to the qualifications or duties of s
certificate holder, in rhicb event the record of the conviction shall
be conclusive srideace of the crime.
(e) Impersonating as applicant or acting as a prosy for an
applicant is any sxaminatiaai referred to under this chapter for the
issuance o! s certificate.
(f) Ispersanating a certified practitioner or therapist, or
permitting or alluring an uncertified person to uses a certificate.
(g) Cam~itting any fraudulent, dishonest, or corzuipt act that is
substantially elated to the qualitications or duties of a
certificate holder.
(h) Cos~itting say act punishable as a seswlly related crime.
4603.1. (s) No certificate holder or certificate applicant may be
disciplined os denied a certificate pursuant to section 4603 excerpt
according to procedures satisfying the r!quiremsnts of this section.
A denial os discipline sot is scaord rith thin section os subdivision.
(c) of Section 4603 shall be void sad rithout effect.
(b) 11ny certificate applicant denial or certificate holder
discipline shall be dens is good faith and in a fair and reasonable
"~r• ~Y pracedute that conforms to the requiree~ts of
subdivision (c) is fair and reasonable, but s coact may also find
other procedures to be fair and reasonable rhea the lull
circumstances of the certificate denial or certificate holder
discipline are considered.
(c) ]~ procedure is fair sad raascaable rhea the procedures is
subdivision (c) of Section 4603 are follored, or if ell of the
folloring apply:
(i) The provisions of the procedure haw been set forth in the
articles or bylaw, or copies of those provisions are sent annually
to all the msaibers as required by the arMcles or bylaw.
(~) It provides the giving of 15 days prior notice of the
certificate denial or certificate holder discipline and the reasons
therefor.
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(3) It provides as opportunity for the certificate applicant or
cartificat• holder to be heard, orally or is rriting, not less thaw
five days before the effective date of the certificat• denial or
cartiticat• holder discipline by a person or body authorized to
decide tlut the proposed certificate denial or certificate holder
discipline not take place.
(d) 71ny notice required under thi• section may be given by any
method reasonably calculated to provide actual notice. Any notice
given by mail moat be given by first-claw or certified mail seat to
the last address of the certificate applicant or, certificate holder
shorn on the organisation's records.
(e) Any action challenging a certificate denial or certificate
holder discipline, including arty claim alleging defective notice,
shall be carseacsd rithin one year after the dat• of the certificate
denial or certificat• holder discipline. It the action i^ successful,
the coast may order any relief, including reinstatement, that it
finds equitable uncles the circumstances.
(t) Thi• section governs Daly the procedures !os certificate
denial or certificate holder discipline sad not the substantive
grounds therefor. A certificate denial or certificate holder
discipline based apses eubstaatiw grounds tlsat violates contractual
or other rights of the member or 1s othesrise unlarfisl i• not made
valid by cospliaace with thi^ section.
(g) A certificate applicant or certificate holder rho. i• denied or
disciplined shall be liable for say charges incurred, services os
benefits actually rendered, dues, assessments, or fees incurred
before the certificate denial or certificate holder discipline or
arising Eros contract or otherrise.
4603.5. It shall be the responsibility of any certificate holder
to notify the orgarsisatioaa of his or her home address, as wll a• the
address of say business establishment There h• oz she regularly
works as a sassage therapist os massage practitioner, rhether as as
employee or a• as indepeadeat contractor. A certificate holder shall
notify the orgaai:atioa rithia 30 days of changing either his or her
home address or the address of the bwiaesa establishmsrst there he or
she regularly rorka as a massage therapist or massage practitioner.
4604. (a) Notrithstaading Section 4601, the organisation may
great a sassage practitioner certificate to any person vrho applies an
or before Jassuasy 1, ZOiZ, rith one of the tolloringr
(1) A current valid massage pewit or license free a California
city, county, or city and county and documentatiaa evidencing that
the person has coegleted at least a 100-hour course is ss~ssage at a
Mate-approved or registered school, or out-of-state school
recrogaisad by the organisation as providing comparable education, has
bears practicing for at leant three years, and has provided at least
1,000 hours of massage to members of the public for compensation.
(Z) Docuaentatiaa evidencing that the parson has caapleted at
least a 100-hour course in massage aC a ^tats-approved or registered
school, or out-of-stets school recognised by the orgaaisstiaa a•
providing comparable education, has base practicing for at least
three years, and has pzowidsd at least 1,750 hours of massage to
members o! the public for caepeasatian. Fos purposes of this
subdivision, evidence o! practice shall include either of the
fol lorirsg r
(A) A N-Z fors or esplayer'• affidavit containing the dates of the
applicant' • ee~ploy+asat.
(H) Tax returns indicating eel!-employseat ae a massage
practitioner or massage therapist or air other title that may
demonstrate experience in the field of massage,
(3) Docureantation evidencing that t2u person holds a current valid
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certificate o! authorisation as as instructor at an approved massage
school, or holds the position o! a massage instructor at a school
accredited by as agency recognised by the United 9tatae Department o!
6ducatioa, or colleges and universities of the state higher
education systaw, as defined in Section 100650 of the Education Coda.
(b) (i) ]-fter revieriag the information sulsaitted under
subdivision (a), the organisation may require additional information
necessary to enable it to determine rhether to issue a certificate.
(2) It an applicant under paragraph (1) of subdivision (a) or
paragraph (1) of subdivision (c) has not complied rith Section
4601.3, or its equivalent, rhea obtaining a license or permit from
the city, county, or city and county, the organisation shall require
the applicant to comply rich Section 4601.3 prior to issuing a
certificate pursuant to this section.
(c) (1) 1- person applying for a musage practitioner certificate
on or before January i, 2012, rho meets the educational requirements
o! either paragraph (1) or (2) of subdivision (a), but rho has not
completed the required number of practice hours prior to subaitting
as application pursuant to this section, may apply for a conditional
certiticats.
(2) 11a applicant for a conditional certificate shall, rithia five
years of being issued the conditional certificate, be required to
complete at least 30 hours of additional education per year from
schools or courses described in paragraph (5) until ha or she has
completed a total of at least 250 hours of education, rhich may
include massage education hours prwiously completed in a massage
course described is either paragraph (i) or (Z) of subdivision (a).
(3) Upon successful co~apletion o! the requirements o! this
subdivision, the organisation shall issue a certificate to the person
that is not conditional.
(4) The organisation shall immediately revoke the ewsditional
certiticate issued to say person pursuant to this subdivision if the
time period speaifiad in paragraph (2) expires rithout proof o!
completion o! the
requiresents having been filed rith the organization.
(5) MY additional educatiaa required by this section may be
completed through caursee provided by any of the folloriag~
(JU J1n approved school.
(e) l1 registered school.
(CI 11 provider approved by, or registered rith, the o
or the Departmsnt of Consuear 1lttairs. rganisation
(D) 71 provider that establishes to the satisfaction o! the
organisation that its course os courses are appropriate educational
P='ograms for this purpose.
(d) l~othiag in this section shall preclude the organs:anon from
euercising say porer or authority conferred by this chapter rith
respect to a conditions) certificate holder.
4605. It is as unfair business practice for auy person to state
or advertise or put out any sign or card or other device, or to
represent to the public through air print or electronic media, that
hs or she is certified, registered, or licensed by a 9aR-eramecstal
agency as a massage therapist or msasa~ practitioner.
4606. It is an unfair business practice for any person to hold
oneself out or use the title of "certified massage therapist' or
.certified massage practitioner. or say other term such as
•licensed,. .registered.' os •CMt,• that implies or suggests that the
person is certified as a sassage therapist or practitioner rithout
msetiag the requiramsats of Section 4601 or 4604.
4607. The superior court is and tar the county in rhich any
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person act/ as a maasag~ practitiooner or massage therapist in
violation of the provisions o! this chapter, may, upon a petition by
any person, issue as injunction or other appropriate order
restzaiainq the conduct. The proceedings under this paragraph shall
be governed by Chapter 3 (commencing with 9sction 5Z5) o! Title 7 of
Part 9 of the Code of Civil Procedure.
~60~. Nothing in thin chapter is iatande8 to limit or prohibit a
person who obtains a certification pursuant to this chapter Eros
providing services pursuant to, and is compliance with, Sections
10S3.S and 7053.6.
4619. (a) (1) The holder o! a certificate issued pursuant to this
chapter shall have the sight to practice massage, conaistaat with
this chapter and the qualifications established by his or her
certification, is any city, county, or city and county in thin state
and shall not be required to obtain nay other license, pes~si.t, or
other authorisation, e~ccapt as provided is thin section, to engage in
that psaatice.
(9) Notwitlutandiag any other prrnrision of lar, a city, county, or
city and county shall not enact as ordinance that regpisss a
license, persi.t, or other authorisation to practice massage by as
individual who is certified pursuant to thin chapter and who 1a
praaticiag consistent with the qualificatiaas established by his or
her certification. No provision of nay ordinance aaacted by a city,
county, or city and county that is in effect before the effective
date of thin clupter, and that requires a license, perait, or other
authorisation to practice massage, may be enforced against as
individual who is certified pursuant to thin chapter.
(3) Sucept as provided is subdivision (b), nothing in thin section
shall be interpreted to prevent a city, county, or city sad county
Eros.adopting or enforcing nay local ordinance gowsaiag soning,
business licensing, sad reaaoaable health sad safety requiresenta for
massage establishssnts or bwinessea. 9ubdiviaion (b) shall not
apply eo nay ssisaage establiahssat or business that employs or uses
persons to provide massage aesvices who are not certified pursuant to
thin chapter.
(b) (1) This subdivision shall apply only to massage
establisbmsata or businesses that are sole proprietorships, where t2u
solo psoprietor 1a certified pursuant to thin chapter, sad to
massage establiahsaats.os bwinesses that esiploY or use only persona
certified pursuant to thin chapter to provide ssisaage wrviaea, !or
purposes o! thin subdivision, a sole proprlstosship is a business
where the owner is the oalY p~s~ ~ploYed by .that business to
provide mieeage Nrvice/.
(~) UU ]1a~- massage establiahmsat oz business described in
paragraph (i) shall maintain an its premises evidence for swiss by
local authorities that demomatrates that all persoa~s providing
message services are certified.
(B) Nothing in this sactiaa shall preclude a city, county, or city
and county Eros including is a local ordinance a provision that
require/ a business described in paragraph (1) to file copies or
provide other evidence of the certificates held by the persons who
era providing message services at the business.
(3) A city, county, or city and county may charge a massage
business os establishment a business licensing fee sufficient to
cover the coats of the bwiness licensing activities established by a
local ordinance described in thi^ section.
(4) Nothing is this eaction shall prohibit a city, county, or city
sad county Eros adopting land use and soaiag raquiresisats applicable
to massage establishments or businesses, provided that them
requireseats shall be no different thaw the requiremsnta that are
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uniformly applied to other psofassional or personal services
bwinesses.
(s) Local building code or physical facility requirements
applicable to massage establishments or businesses shall not require
additional restsoam, shower, os other facilities that are not
uniformly applicable to other professional or personal service
businesses, nor shall building or facility requirements be adopted
that (11) require unlocked doors rhea there is no ^taff available to
assure security for clients and massage staff rho are behind closed
doors, or (B) require wiadors that provide a vier into massage rooms
that interfere with the privacy of clients of the massage business.
(6) 11 city, county, or city and county ,say adopt reasonable health
and safety requirements with respect to massage establishments or
businesses, including, but not limited to, requirements for
cleanliness o! massage rooms, fowls and linens, and reasonable
attire and persorul hygiene rsquisensnt^ for ~rsoas providing
massage services, provided that nothing 1n this paragraph shall be
intespreted to authorise adoption of local ordiaaaces that impose
additional qualilicatians, such as medical exaniaations, background
checks, or other criteria, upon any person certified pursuant to this
clsapter.
(7) Nothing is this section shall preclude a city, county, or city
and county troa~ doing say of the folloring~
(1-) Requiring as applicant for a business license to operate a
massage business or establishnsnt to fill out an application that
requests the applicant to provide relevant information.
(B) Malting reasonable inwstigatioas into the information so
provided.
(C) Denying or restricting a business license if the applicant
has provided eRSterially falp information.
(c) Aa owner os operator of a ss<suge business or establishment
subject to subdivision (b) shall be responsible for the pct of•
all employers os independent contractors working as the Prs+sises of
the bwiness. Nothing in this sectioat shall preclude a local
ordinance frost authorising suspension, revocation, or other
restriction of a license or pesu{t issued to a massage establishment
or business if violations of this chapter, or of the local ordinance,
occur on the business praaises.
(d) l~othiag is this section shall preclude s city, county, or city
and county !rata adopting a local ordinance that is applicable to
subdiwvisiotsi(b) sad thattdaes es i~taher olsth~i~lodil~ori~~i~ (2) of
(1) ProvidN that duly authorised officials of the city, county,
or city sad ccuaty have the sight to conduct ='easoaable inspections,
during regular business hours, to ensure compliance rith this
chapter, the local ordinance, or other applicable fire and health and
~:fety requirements.
(~) Requires as owner or operator to notify the city, county, or
city and county of any intention to rename, change ~a9enent, or
convey the bwiaess to another pessan.
4613. (a) Nothing in this chapter shall restrict or limit in any
ray the authority of a city, county, or city and county to adopt a
local ordinance goverainq say persaa rho is not certified
this clupter. pursuant to
(b) Nothing in this chapter is intended to affect t2u practice
rights of air person licensed by the state to practice or psrfont any
functions or sesvices pursuant to that license.
4615. This chapter shall b! subject to the revier required by
Division 1.1 (casimsaciag rich Section 473).
4620. This chapter shall rennin in effect c~aly until January 1,
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2016, and a~ o! that date i• repealed, unless a later emoted
statute, that i• enacted before Jaauary i, 1016, deletes or extends
that date.
Page 12 of 12
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ATTACHMENT C
PLANNING COMMISSION RESOLUTION NO. 4146
RESOLUTION NO. 4146
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL
APPROVE CODE AMENDMENT 10-003 (ORDINANCE NO. 1380)
REPEALING PART 2 OF CHAPTER 6 OF ARTICLE 3 OF THE TUSTIN
CITY CODE, ADDING PART 6 OF CHAPTER 6 OF ARTICLE 3 OF THE
TUSTIN CITY CODE, AND AMENDING ARTICLE 3 AND ARTICLE 9 OF
THE TUSTIN CITY CODE RELATING TO THE REGULATION OF
MASSAGE ESTABLISHMENTS AND MASSAGE THERAPISTS AND
PRACTITIONERS.
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. The City is authorized pursuant to Government Code Section 51031 to regulate
massage and massage establishments.
B. The State legislature has adopted Senate Bill 731 (Chapter 384, 2008 Statutes),
Business and Professions Code sections 4600 et seq., which establishes
statewide standards and certification procedures for massage practitioners and
therapists engaging in massage therapy.
r
C. When properly operated by trained personnel in accordance with the laws of the
State and the ordinances of the City, massage establishments provide beneficial
therapeutic services.
D. In the absence of regulation or effective enforcement, massage establishments
have permitted crimes such as prostitution and the use and sale of illegal drugs.
Such illegal activity has been documented by police reports in several cities in
Orange County. The establishment of reasonable standards for issuance of
massage establishment permits and restrictions on operations reduces the risks
of illegal activity.
E. Pursuant to Business and Professions Code section 4612(a)(3), municipalities
are authorized to enact licensing requirements for massage establishments
consistent with the provisions of SB 731. The restrictions and requirements
contained in Code Amendment 10-003 reduce the burdens on the City's police
personnel and permit the deployment of police personnel such that more serious
crimes may be prevented.
F. In response to SB 731, the Tustin City Council adopted Urgency Ordinance No.
1368 on August 4, 2009, which established interim regulations for massage
establishments and massage therapists that were consistent with State law.
G. The Tustin City Council extended Urgency Ordinance No. 1368 by adopting
Urgency Ordinance No. 1371 on September 15, 2009. Urgency Ordinance No.
1371 will expire on August 4, 2010.
Resolution No. 4146
Page 2
H. The permit requirements and restrictions imposed by Code Amendment 10-003
are reasonably necessary to protect the health, safety and welfare of the citizens
of the City.
I. The regulations and restrictions contained in Code Amendment 10-003 tend to
discourage massage establishments from degenerating into houses of
prostitution or sites for illegal drug use and sales, and the means utilized in Code
Amendment 10-003 bear a reasonable and rational relationship to the goals
sought to be achieved.
J. Code Amendment 10-003 has been prepared for Planning Commission
consideration and, upon the Planning Commission's supportive recommendation,
for adoption by the Tustin City Council.
K. Proposed Cade Amendment 10-003 (Ordinance No. 1380) is exempt from
environmental review under CEQA pursuant to Section 15061(b)(3) of the State
CEQA Guidelines. This section provides that a project is exempt from
environmental review where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the
environment. If approved, the proposed code amendment would require all
massage therapists and practitioners in the City of Tustin to be certified by the
California Massage Therapy Council and would also amend the City's Zoning
Code to allow massage establishments as an outright permitted use in several
commercial zoning districts. The proposed code amendment would not have a
significant direct or indirect effect on the environment.
L. That on April 29, 2010, the City gave public notice of the holding of a public
hearing at which Code Amendment 10-003 would be considered by publishing in
a newspaper of general circulation, and by posting a notice at City Hall.
M. That the Tustin Planning Commission held a duly noticed public hearing on Code
Amendment 10-003 on May 11, 2010.
II. The Planning Commission hereby recommends that the Tustin City Council approve
Ordinance No. 1380 (Code Amendment 10-003), as identified i n Attachment A.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
meeting on the 11'h day of May, 2010.
ELIZABETH A. BINSACK
Planning Commission Secretary
ELWIN A. L" RRAY
Chairpers n
Resolution No. 4146
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
City of Tustin )
I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California, that Resolution No. 4146 was
duly passed and adopted at a regular meeting of the Tustin Planning Commission, held
on the 11th day of May, 2010.
~~~ ~~~~
ELIZABETH A. BINSACK
Planning Commission Secretary