08 Staff Report - Regulates Massage Therapy Practitioners and TherapistsOw N OF
COUNCIL AGENDA REPORT
Og GAO
DATE: September 15, 2009
MEETING DATE: 09/21/09
ITEM NO: 13
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: INTRODUCTION OF AN ORDINANCE REVISING TOWN CODE SECTION
14.110.015 REGARDING THE PASSAGE OF SENATE BILL 731 WHICH
REGULATES MASSAGE THERAPY PRACTITIONERS AND THERAPISTS
RECOMMENDATION:
1. Take public comment.
2. Direct the Clerk Administrator to read the title of the ordinance (no motion required).
3. Move to waive the reading of the ordinance (motion required).
4. Introduce the ordinance to effectuate the Zoning Code amendment (motion required).
5. Direct the Clerk Administrator to publish the ordinance within 15 days after adoption
{no motion required).
BACKGROUND:
The ordinance regulating massage therapists was written in 1977 and revised in 2007. The Town
Council received evaluation updates on the ordinance on June 16, 2008 and January 20, 2009.
DISCUSSION:
In 2005, the Governor signed into law Senate Bill 731 which amends the Business and
Professions Code regulating massage therapists and practitioners. This new law, which takes
affect September 1, 2009 supersedes local permitting/licensing for those who obtain state
certification.
PREPARED BY: Scott R. Seaman, Chief of Police,
0AMASTEMCOUNCU'rown Council Report Format.doc
Reviewed by: Assistant Town Manager Town Attorney
Clerk Administrator _~Finance ommunity Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: AMENDMENT TO MASSAGE ORDINANCE
September 15, 2009
DISCUSSION:
The California Massage Therapy Council (CAMTC) is the non-profit governing board which
regulates this certification process. This is a voluntary certification. However, massage therapists
and practitioners must be state certified or continue to be regulated by the Town. The CAMTC
has made significant efforts to include local law enforcement in the development of the
certification process by the formation of a Public Policy and Local Government Committee.
Captain Alana Forrest has served on this committee for the past 6 months.
The massage ordinance will reflect the addition of state law certification language, consistency in
the use of the contemporary teen of "therapist" and elimination of the massage establishment
and managing employee application process. Staff did not have the capacity to regulate either
establishments or identify and permit managing employees due to the complexity and time
required to permit and renew over 100 massage therapists. No changes were made to the
regulatory sections on operating requirements, prohibited acts, criminal penalties, sanitation
requirements, or inspections. Finally, the new state law does not preclude jurisdictions from
requiring a business license tax from therapists. Attached, for reference, is a copy of the "draft"
ordinance with notations on what changes were made to the ordinance (Attachment 1).
CONCLUSION:
The effect of the state law will allow massage therapists and practitioners to be state certified in
lieu of a Town permit, therefore relieving staff from regulating this process. However, therapists
who do not wish to become state certified will still be required to obtain a permit from the Police
Department and pay the required fee. Staff recommends the Town Council approve the revised
ordinance.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA and no further action is required.
FISCAL IMPACT:
It is anticipated that over the next fiscal year, most, if not all, of the massage therapists in Town
will become certified with the state. Staff recommended massage permit revenue for FY 09-10 to
be $1000, which has already been surpassed by over $1300 due to renewals in July and August.
However, as the CAMTC continues to market the state certification program, more therapists
will probably become certified, thus reducing revenue for the Town. Staff will monitor the
revenue and make appropriate recommendations for the FYI 0-11 budget.
Attachments:
1. Draft ordinance with notated proposed changes
2. Final copy of ordinance to be introduced
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 14 OF
THE LOS GATOS TOWN CODE REGARDING THE REGULATION OF
MASSAGE THERAPISTS - Deleted: PY ESTABLISHMENTS
AND MASSAGE THERAPY
PRACTITIONERS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN
AS FOLLOWS:
SECTION I
Chapter 14 of the Los Gatos Town Code is amended to read as follows:
Sec. 14.110.015. Purpose and intent.
(a) Purpose.
(1) In enacting these regulations, the Town of Los Gatos Town Council
(hereafter referred to as "Town Council") recognizes that massage is a viable
professional healing art offering the public valuable health and therapeutic
services.
(2) It is the purpose and intent of the Town Council that the operation of
Massage Establishments and persons offering massage be regulated in the
interests of public health, safety, and welfare by providing minimum building,
sanitation, and health standards and to ensure that persons offering massage
shall possess the minimum qualifications necessary to operate such businesses
and to perform such services offered.
(3) It is the purpose and intent of this Article XI to articulate regulations to
ensure that persons offering massage services are qualified and trained and can
be expected to conduct their work in a lawful and professional manner.
(b) Conflicts with other provisions of this Code. In the event of any conflicts or
inconsistencies between the provisions of this Article Xi and the remaining
provisions of this Chapter 14 or with the provisions of any other chapter(s) of the
Town Code, the provisions of this Article XI shall control, unless to do so would
be inconsistent with the stated purpose of this Article XI. Any massage
establishment is further regulated pursuant to Chapter 29 of this Code.
(c) Responsibility for enforcement. The primary responsibility for enforcement
of the provisions of this Article XI shall be vested in the Chief of Police.
ATTACHMENT I
Sec. 14.110.015. Definitions.
For purposes of this Article X1, the following words, terms and phrases are
defined as follows:
California Massage Therapy Council (CAMM The governing non-profit board , - Formatted. rota: ttal€c
that is authorized to evaluate qualifications of massage therapists and issue
certification in the State of California. There are two levels of certification: CMT
Certified Massage Therapist) and CMP Certified Massa a Practitioner).
,Massage _means any method of treating the external-parts or surfaces of the -
human body by bathing, rubbing, pressing, stroking, pounding, kneading,
tapping, vibrating, or touching or stimulating with the hands or any part of the
body, or any instrument.
Massage establishment means any establishment, having a fixed place of
business where any person, firm, association, partnership, corporation, joint
venture or a combination of individuals engages in, conducts, carries on or
permits to be engaged in, conducted or carried on for consideration, massages
or health treatments in the Town in which massages are given in return for
compensation of any type; including but not limited to any hot tub/sauna
establishment, personal fitness training center, spa, gymnasium, athletic facility,
health club or office in which massage services are made available to clients.
Deleted: Managing
employee means any employee of a
Massage Establishment who has
been designated by the holder of the
Massage Establishment permit to
manage the business In h€slher
absence. The Managing Employee
may perform massages at the
business only if he/she obtains and
maintains in effect a Massage
Practitioner permit. ¶
n
Massage therapist who performs massage in return for compensation of any
- - - - - - - - - - - - - - - - - - - - -
Deleted: means any peon,
- - - - -
type and who has completed a minimum of three hundred or more
(300)
including anon-medical Massage
Practitioner or a certified massage
verifiable hours in a resident course of study from a recognized school on the
therapist,
theory, ethics, history, practice, methods, profession or work of massage,
including the study of anatomy and physiology and hygiene, with at least
seventy-five (75) hours of the required three hundred (300) hours in the areas of
demonstration and practice of massage techniques from a recognized school,
that which provides a diploma or certificate of completion upon successful
completion of such resident course of study. T
_ -
Deleted: The terms "massage
"
massage
technic€an° and
practitioner' are included within the
Massage therapist trainee means any person who is defined in "massage
definition for purposes of this chapter.
therapist" above, and who has written proof he/she is currently enrolled in a
recognized school of massage and has completed a minimum of fifty (50) hours
of instruction from said recognized school and will be working under the direct
supervision of a lawfully permitted massage therapist as provided in this Article
Xl, and will only be conducting massage therapy on staff or permitted therapists
of that establishment, and not members of the public.
Out-call massage service means any therapist who provides massage services
at a location designated by the customer or client or the Massage Therapist or - Deleted: Practitioner
the out-call massage service, other than at the designated approved massage
establishment.
2
Person means any individual, partnership, firm, association, corporation, joint
venture or any other combination of individuals for the purpose of doing
business.
Police chief means the Los Gatos/Monte Sereno Police Chief or his or her
designee.
Recognized school means any school or institution of higher learning which
has been approved pursuant to California Education Code Section 94300 et seq.
or other applicable state law or regulations of California or another state, or other
country which requires a resident course of study on the theory, ethics, history,
practice, methods, profession or work of massage, including the study of
anatomy and physiology and hygiene, and which provides a diploma or certificate
of completion upon successful completion of such course of study. At least
seventy-five (75) hours of the required three hundred (300) hours shall be in the
areas of demonstration and practice of massage techniques, Schools offering
correspondence course(s) not requiring actual attendance of class shall not be
deemed a recognized school. The Town shall have the right to confirm the fact
that the applicant has actually attended classes in a recognized school for the
aforementioned minimum time period.
Stage Certificate Holder means a person who holds a current and valid - Formatted: Font: Bold, Italic
California state certificate from the CAMTC as a massage practitioner or
massage therapist, per Business and Professions Code sections 4600-4620.
Sec. 14.110.020 Exemptions.
The provisions of this chapter shall not apply to:
(a) Physicians, surgeons, chiropractors, acupuncturists, osteopaths,
registered nurses, physical therapists-pr other health professionals who are duly_ - Deleted:
licensed to practice their respective professions under the laws of the State of
California.
b Persons who hold a current and valid CAMTC state certification and
who are practicing consistent with the qualifications and requirements of such
certificate.
(a_ Barbers or cosmetologists_who are dilly licensed under the law_s_o_f_ Deleted: b)
the State of California while performing massage within the scope of their
licenses.
{c _ Persons administering massages or health treatments involving . -D td-, c
massage to other persons who are participating in a recreational or special event
3
that has been approved by the Town, provided that the following conditions are
met:
(1) The massage services are made available equally to all participants
in the event;
(2) The event is open to participation by the general public or a significant
segment of the public;
(3) The massage services are provided during the event in an open
environment at the site of the event;
(4) The sponsors of the event have approved the provision of massage services
at the event; and
(5) The persons providing the massage services are in compliance with all
applicable Town Codes and other laws.
:
51'+
e,
Sec. 14.110.025 Perm it/Certification requirements for Massage
Establishments,,assage Therapists
J .
No person shall establish, operate or
(a) Massage Establishments,
rr
_
maintain a Massage Establishment within Town limits without ensuring that _each
massage practitioner/therapist (whether an employee or independent contractor)
1 f
working within the establishment has a current and valid state certification
through CAMTC or as obtained a current and valid massage permit from the
Police Department.
J
r'
(b Massage_Theraapisf permit. tIo_pfn rson shall practice. massage or give
r
massages in return for compensation of any type within Town limits without a
„
current and valid state certification from the CAMTC OR absent such certificate
obtaining from the Police Chief and maintaining in effect a Massage Therapist-
;
permit- It is unlawful for any person to practice massage or give massages in
return for compensation while his/her Massage Thera is permit or state
certification has been suspended or revoked, or has expired..-
Sec. 14.110.030 Educational requirements for Massage Thera lists,
(a) General educational requirements. Except as indicated below, all
applicants for a Massage Thera is permit must meet the following educational
standards in order to qualify for such permit, at the discretion of the Chief of
Police:
(1) Possession of a diploma or certificate of completion from a
recognized school which shows satisfactory completion of a resident course of
study of a minimum of three hundred (300) verifiable hours on the theory, ethics,
Deleted:
Deleted: Managing Employees and
Deleted: M
"r
Deleted: Practitioners
Deleted:.
Deleted: permits
r
Deleted: first obtaining from t
r.
Deleted: he Police Chief, and
maintaining In effect, a Massage
Establishment permit. It is unlawful to
e operate, establish or maintain a
Massage Establishment while the
Massage Establishment permit issued
for such business has been
suspended or revoked or has
expired.
Deleted: (b) Managing Employee
permit. No person shall act as the
Managing Employee for a Massage I
Establishment within Town limits
unless he/she has obtained a
Managing Employee permit from the
Police Chief. It is unlawful for any
person to act as the Managing i
EmplDyee of a Massage
Establishment while his/her Managing I
Employee permit has been
suspended or revoked, or has
expired. Q
Deleted. c
Deleted, Practitioner
` Deleted: Practitioner
Deleted: Practitioner
Deleted., A person who obtains a
Massage Establishment permit, or a
Managing Employee permit and plans
to personally give massages at the
business shall also apply for and
obtain a Massage Practitioner permit.
Deleted: Practitioners
Deleted
Deleted: and holders of Massage
Establishment permits, and
Managing Employee permits.1
Deleted: Establishment permit,
Managing Employee permit or
Massage
Deleted: Practitioner
4
history, practice, and/or methods of massage therapy, including the study of
anatomy, physiology and hygiene, with at least seventy-five (75) hours of the
required three hundred (300) hours in the areas of demonstration and practice of
massage techniques; or
(2) Possession of a diploma or certificate of completion from a
recognized school or public school showing satisfactory completion of a minimum
of three hundred (300) verifiable hours of a non-repetitive curriculum which
covers the subjects described in subsection 1 above, and a transcript or
transcripts from a college or junior or community college in the State of
California, or a college or junior or community college in another state from which
courses would be acceptable for transfer credit to any college in the California
State University and College System, which shows completion, with a passing
grade or better, of at least eight (8) quarter units or six (6) semester units of
courses in health theory, health care, anatomy, physiology, psychology, bio-
mechanics or kinesiology; or
(3) Degrees, certificates, diplomas, and course work received at other
institutions, American or foreign, shall be accepted only if such institution is
approved by an education agency in that state or country and the curriculum or
course of studies meets the criteria set out by this code. Course descriptions,
school catalogs or bulletins may be required by the department to substantiate
the curriculum.
(b) Exemptions from educational requirements. The following persons
are exempt from the educational requirements set forth in subsection (a) above:
(1) Holders of Massage Establishment business licenses and Massage
Therapists business licenses issued by the Town before the effective date of this
- Deleted: Practilsoner ;
- -
Article XI shall have a period of eighteen (18) months from the effective date of
this Article Xl to satisfy the educational requirements set forth in subsection (a)
above.
(2) At the end of 18 months from the effective date of this Article XI, any
therapist who does not have the required 300 hours of education will not be
permitted to practice in Los Gatos. However, consideration can be given by the
Chief of Police at his/her discretion, to those therapists who can prove through
documentation that they are currently enrolled in coursework associated with
massage therapy and compliance of the 300 hour requirement is expected in a
reasonable amount of time.
Deleted:
Sec. 14.110.035. Applications for Massage *Therapist permits.
- - - - -
Deleted: Establishment permits, i
Managing Employee permits, and
Massage
Deleted: Practitioner~
(a) Submission of application. All persons who wish to obtain apassage -
_ -
Deleted: Massage Establishment
Therapist permit from the Town shall file a written a - -lication with the Police
a_...--
permit, Managing Employee permit.
Chief on a form provided by the Town, which contains the following information.
; - _ Deleted: Practitioner
l
i
Deleted`
y or
n
(1) The full name, including any nicknames or other names used present
the past, and the present address and phone number of the applicant;
(2) The applicant's two (2) most recent addresses within the last seven (7)
years, and the dates of residence at each address;
(3) Proof the applicant is over eighteen (18) years of age;
(4) The applicant's height, weight and colors of eyes and hair;
(5) The applicant's driver's license and/or California I.D. number (if any) and
social security number;
(6) The applicant's two (2) most recent employers within the last seven (7)
years, including their names, addresses and phone numbers, and the position
held by the applicant;
(7) The names and addresses of any massage facility or other businesses
involving massage by which the applicant has been employed, or self-employed
within the past tenl101 years-
as a Massage Thera is
_ - Deleted: Practitioner €
- - _
-
(8) Any criminal conviction on the part of the applicant for offenses other than
traffic violations within the ten (10) years preceding the date of the application;
(9) Any criminal charges pending against the applicant at the time of the
application, other than traffic citations, the name and location of the court in
which the criminal charges are pending and the applicable case numbers;
(10) Whether the applicant has ever had a license, certificate or permit related
to the practice of massage, or the operation of a Massage Establishment, or
other business involving the practice of massage, suspended or revoked within
the ten (10) years preceding the date of the application, the dates and reasons
for any such suspensions or revocations, and the name and location of the
jurisdiction or public agency which suspended or revoked such license, permit or
certificate;
(11) Whether the applicant, as a member of a corporation or partnershlp, has
Deleted: including the Massage
ever operated or been employed at any business which has been the subject of
y ~
Establishment, Managing Employee
or Massage Practitioner permit
an abatement proceeding under the California Red Light Abatement Act
applicant,
(California Penal Code Sections 11225 through 11325) or any similar laws in
other jurisdictions. If the applicant has previously worked at such a business,
he/she should state on the application the name and address of the business, the
dates on which the applicant was employed at such business, the name and
location of the court in which the abatement action occurred, the applicable case
number and the outcome of the abatement action;
(12) Whether the applicant provided sufficient information to the Town's
satisfaction that they meet the educational requirements set forth in section
14.110.030
(13) Whether the applicant had previously applied to the Town for a Massage
Therapist permit, the date-of-the previous-application and any other name(s)_---
under which the application was made;
Deleted: Establishment permit,
Managing Employee permit, or
Massage Practitioner
6
14
The name and address of the owner of the real property upon or in which
-
Deleted: (14) In the case afar I
the business is to be conducted. In the event the applicant is not the legal Owner
application for a massage
Establishment permit or Managing
of the property, the application must be accompanied by a copy of the lease and
Employee permit, the proposed name
a notarized acknowledgment from the owner of the that a Massage
property
and address ofttre Massage I
Establishment, together with the
Establishment will be located on his/her property.
name and address of any other
1 Proof of malpractice insurance in the sum of not less than one hundred
( ~
massage business operated or
thousand dollars ($100,000.00) per massage therapist licensed, or to be
managed by the applicaniorin which
the applicant has or had a business
licensed, at the Massage Establishment up to a maximum of five hundred
interest, within the ten (10)years
pr
g
the date of the application;¶
ecedinecedin
thousand dollars ($500,000.00); this requirement can be satisfied by malpractice
i
b
i
id
d i
h
f i
d
id
l M
h
p
:
5
-
nsurance
e
ng prov
e
n t
e name o
n
iv
ua
assage T
erapist or
establishment
Deleted: s
.
16 Written authorization for the Town
its agents and employees
to seek
Deleted: Practitioner
,x
,
,
information and to conduct an investigation into the truth of the statements set
Deleted: (t7) In the case of an
forth in the application and into the background of the applicant _
application for a Massage
Establishment permit or Managing
(1 The applicant shall advise the Town in writing of any change of addressor
Employee permit, whether the
change in fact(s) represented to Town which may occur during the Towns
applicant intends to personally
provide massage services at the €
processing of the application! and
business;¶
A
t
t
t
d
lt
f
th
th
li
h
k
i
l
.
(
s
a
emen
un
er pena
y
o
perjury
at
e app
now
ng
y
cant
as not
; • .
_
_
and with the intent to deceive made an
false
misleadin
or fraudulent
Deleted:
8 '
y
g
,
statements or omissions of fact in his/her application or an other documents
any
Deleted: and the Managing I
Employee;
required by the Town to be submitted with the application.
5.
Deleted: 8
b Oth
d i
f
ti
A li
t
Th
i
t
t
it
Formatted: l omt: gold, Underline ;
er re uire
n
orma
on.
can
s Nassa e
erap
s
erml
s
( ) q pp
p m
s
-
-
- - -
shall also submit the following information to the Police Chief at the time of their
Deleted: for a Massage
Establishment permit
application:
Deleted: 20 ~
(1) A birth certificate or other legal documentation that verifies the identity of the
Deleted: for Massage Establishment
permits, Managing Employee permits
applicant and verifies that the applicant is over eighteen (18) years of age;
and 1
Deleted: Practitioner
(2) A diploma, certificate of completion, transcripts from each school or
Deleted: Practitioner
institution from which the Massage Therapist has obtained trainin
q or other
_
written proof acceptable to the Police Chief that the applicant has met the
Deleted: In the ease ofapprcations
for a Massage Establishment permit
educational requirements set forth in section 14.110.030. Diplomas, certificates
or Managing Employee permit only,
of completion and transcripts shall indicate the number of hours or training
the applicant may, if applicable,
submitto the Police chiefwitb his/her
received by the certificate holder.
application a written statement under
.
penalty of perjury that he/she will not
i
personally give massages at the
(3) Other related information requested by the Police Chief in order to evaluate
Massage Establlshment;q 1
the background and qualifications of the applicant for the permit sought. This
Deleted. Massage Establishment or
may include information or documentation to indicate whether the Massage
Deleted: Practitioner
,Therapist is affiliated with or a member of any reco nlzed national
or
state
Deleted: Massage Establishment
-
-
massage therapy association or organization
j
permit, Managing Employee permit or
.
Deleted: Practitioner
(c) Payment of permit fees. At the time of filing an original application for
Deleted: Massage Establishment
,
a Thera ist applicants shall a assa a Therapist permit fees
Passage
! ------permit, y~°pp
permit fees, Managing Employee
permit fees or
(as applicable) in an amount established by a resolution of the Town Council. All
Deleted: Practitioner's i
fees shall be non-refundable.
z _
_ _ - - -
Deleted: It an applicant for a ,
Massage Establishment permitr.-r
7
(d) Processing of application and investigation. Upon receipt of an
application for aIVlassa_ge Therapistpermit, the Police Chief shall review the_ Deleted. Massage Establishment
application and supplementary material. If it is clear from the face of the permit, Managing Employee permit or j
application and supplementary materials that the applicant is not qualified for a Deleted: Practitioner
permit, or the application is incomplete, the application may be denied without
further investigation. If it appears from the face of the application and
supplementary material that the applicant may be eligible for the permit sought,
the Police Chief shall verify the information submitted by the applicant and shall
further investigate the qualifications of the applicant as follows-
(1) Photographs/fingerprints/review of criminal history. The Police Chief shall
either require?. recent photograph of the ap12I.lcant. _ _ - Deleted: two (2) passport style
photog raphs and/or take
Applicant shall also be responsible for submitting fingerprints pursuant to
"Livescan" procedures and pay all costs associated with such submittal. The
applicant's fingerprints will then be submitted to the Department of Justice (DOJ)
and the Federal Bureau of Investigation (FBI) for evaluation. Upon receipt of the
report from the Department of Justice (DOJ) and the Federal Bureau of
Investigation (FBI), the police chief shall review the criminal history (if any) of the
applicant.
(2) Investigation of location and premises of Massage Establishment-- - Deleted: or permit.
Upon receipt of an application for a new Massage Establishment the Police _ - - - Deleted:
Chief shall refer the application to the Town's applicable department's which shall - Deleted: permit
review the application and, if necessary, inspect the premises to ensure that the
operation of the business at the designated site will comply with the provisions of
this Article Xl and the Town's zoning, building and fire safety standards, and any
other applicable Town codes. If a use permit is required for the Massage
Establishment the applicant shall comply with the Town's zoning code.
No home occupation permit shall be issued for a massage establishment or
massage activities.
(3) Additional investigation. The Police Chief may conduct additional
investigation in a manner authorized by law when necessary to determine
whether the applicant meets the qualifications for a permit pursuant to this Article
Xl.
Sec. 94.110.040 Grant or denial of application for MAE ale Therata st _ -
permit.
(a) Time for grantor denial of applications., The Police Chief shall grant------
or deny the application for aMassage Thera is permit within thirty (30)--calendar
days of the applicant's submission of the application and all required `
supplementary material. When necessary to conduct a complete investigation of
an application, the Police Chief may extend this time to a maximum of sixty (60)
Deleted: Massage Establishment i
permit, Managing Employee f
permit,
Deleted: Practitioner
Deleted:
Deleted: Massage Establishment
permit, Managing Employee permit or
Deleted: Practitioner
8
calendar days. Granting of a permit requires the massage establishment and/or
therapist to be in compliance with Chapter 29 of this Code.
(b) Grounds for denial ofXassage;Therapist permit. The Police Chief_
- Deleted. Massage Establishment i
shall deny an application for a Massage Establishment, Managing Employee
i
permit, Managing Employee permit 43r
permit or Massage Practitioner permit if any of the following circumstances exist:
Deleted: Practitioner
(1) The application is incomplete and/or required supplementary materials are
not submitted on a timely basis;
(2) The applicant does not have the required educational qualifications, unless
the applicant is exempted from these requirements pursuant to section
14.110.030 (b);
(3) The applicant has previously had apassag~e. hers ist permit or similar
Deleted; Massage Establishment I
license, certificate or permit revoked by the Town or any other public agency in
permit, Managing Employee permit,
any state or country, within five (5) years. Any revocation beyond five (5) years
Deleted: Practitioner ;
will be reviewed, and discretion for approval given by, the Chief of Police.
(4) The applicant has made a false, misleading or fraudulent statement or
omission of fact in his/her application or other materials submitted with the
application;
(5) The applicant, including applicant as a corporation or partnership, or former
employer of the applicant while the applicant was so employed, has been
successfully prosecuted in an abatement proceeding under the California Red
Light Abatement Act (Penal Code sections 11225 through 11325) or any other
similar laws in another jurisdiction;
(6) The applicant has been convicted of:
(a) An offense which requires registration pursuant to California Penal
Code section 290; or a violation of sections 266(h), 266(1), 311 through 311.7,
314, 315, 316, 318 or 647(b), 647(d), 647(f) 647.1 of the California Penal Code,
or equivalent offenses under the laws of another jurisdiction, including any other
State or Country.
(b) A prior offense which involves violation of California Health and Safety
Code sections 11351 through 11354, 11358 through 11363, 11378 through
11380, or the sale of controlled substances specified in California Health and
Safety Code sections 11054, 11056, 11057 or 11058, or equivalent offenses
under the laws of another jurisdiction, including any other state or country.
(c) Any offense involving dishonesty, fraud, deceit or the use of force or
violence upon another person in the last 10 years; or
(d) Any offense involving sexual misconduct - - - - - - _ - - - - . - - - Deleted: with children
(e) For purposes of this section, a plea of "nolo contenders" may also
serve as the basis for the denial of aJVlassage Therapist permit because the Deleted: Massage Establishment
-
permit, Massage Practitioner permit I
above-fisted underlying offenses bear a substantial relationship to the or Managing Employee
qualifications, functions or duties of a Massage Therapist or Establishment.
(7) The operation of the Massage Establishment would violate the Town's
zoning, building or fire regulations, or other provisions of law or the Town Code.
(c) Notice to applicant of grant or denial of application. The Police Chief
shall give written notice to the applicant of the grant or denial of the application
for a permit by certified mail or by personal service. If the application is denied,
the notice shall advise the applicant of the reasons for the denial and of his/her
right to appeal the decision to the Town Manager through the procedures set
forth in subsection (d) below.
(d) Appeal of denial ofMassage Therapist permit to the Town Manager. Upon
the denial of an application for a fVlassage jrherapist permit by the Police Chie,
the applicant may appeal to the Town Manager through the following
procedures:
(1) Request for appeal hearing. The applicant shall file a written request for an
appeal hearing, which states the specific grounds on which the decision of the
Police Chief to deny the permit is contested, with the Town Manager's office
within ten (10) calendar days of the personal service of the Police Chiefs
decision to the applicant at the most recent home or business address on file
with the police department, or within ten (10) calendar days of service of the
Police Chiefs decision in the United States mail by certified mail.
(2) Notice of time and place of hearing. Upon receipt of a timely request for an
appeal hearing, the Town Manager's office shall notify the applicant in writing of
the date, time and place of the hearing before the Town Manager or designee,
which shall not be less than ten (10) calendar days after the service of such
written notice on the applicant by in-person delivery at the most recent home or
business address on file with the Town or ten (10) calendar days after the
deposit of the notice in an envelope addressed to the applicant in the United
States mail by certified mail.
Deleted: Massage Establishment
permit, Managing Employee permit or
Deleted: Practitioner
Deleted: Massage Establishment
permit, Managing Employee permit or
a
Deleted: Practitioner
(3) Hearing before the Town Manager or designee. At the hearing, both the
applicant and the Police Chief shall have the right to appear and be represented
by counsel, and to present evidence and arguments relevant to the grounds on
which the decision to deny the application is appealed. The burden of proof shall
be on the applicant to demonstrate that he/she meets the qualifications fora Deleted: Massage Establishment
Massage Therapist permit and is entitled to the issuance of suchpermit permit, Managing Employee permit,
- - - - - - - - T Deleted: Practitioner
10
(4) Decision of the Town Manager or designee. Within ten (10) calendar days
of the hearing, the Town Manager or designee shall issue a written decision,
which states whether the decision of the Police Chief to deny the application is
upheld or reversed, and the reasons for this determination.
The decision shall be served upon the applicant by personal service or by
certified mail. The decision of the Town Manager or designee shall be final.
Sec. 14.110.045. Business license.
It is unlawful for any person, whether an employee or independent contractor of a
massage establishment, to open or operate a Massage Establishment or self
employment of massage therapy without obtaining and maintaining in effect a
Town business license and paying a business license tax.
Sec. 14.110.050 Operating requirements for Massage Establishments.
Unless otherwise specified herein, all Massage Establishments shall comply with
the following operating requirements.
(a) Exterior signs. A recognizable and legible sign should be posted at
the main entrance identifying the business and which clearly identifies the
establishment to foot and/or automobile traffic. An additional "Massage" sign
need not be in addition to the primary business sign. The sign shall be in
compliance with Chapter 29 of this Code.
LW_ Display of Massage ,Therapist permit.. Every Massage Practitioner
employed by the Massage Establishment shall hold a valid CAMTC certification
or Massage Therapist permit issued by the, police department. Each state
-
certified Massage therapist/practitioner or Police Departmen#.permit holder shall
be issued a photo identification car from the police department. The Massage
Thera is permit holder shall dis_ play the identification car on his/her person---
during business hours, or have the identification car displayed in plain view.
(f) Dressing/massage room. Clients of the Massage Establishment shall
be furnished with a dressing/massage room, or private area for changing clothes.
(g) Payment/tips. All massage services shall be paid for in the reception
;
area, and all tips, if any, shall be paid for in the reception area. Massage
Establishments may utilize a system where tip envelopes are in the
Deleted: (b) Posting of Massage
Establishment permit. A copy of the
Massage Establishment permit shall
be posted in a conspicuous place in
such a manner that it can easily be
seen by persons entering the
Massage Establishment. ¶
c) Designation of Managing
Employee. If the holder of the permit
will not personally manage the
business during all hours of
operation, he/she shall designate one
(1) or more Managing Employees
who shall be in charge of the
operation ofthe business during
h€slher absence. If the Managing
Employee(s) will personally give
massages at the business, he/she
must also obtain a Massage
Practitioner permit. ¶
9
(d) Display of Managing Employee
permit. If the holder of the permit has
designated a Managing Employee,
the Managing Employee permit
issued to this employee shall be
displayed in a conspicuous place on
the promises of the Massage
Establishment. Each Managing
Employee permit holder shall be
issued a photo identification badge
from the Police Department. ¶
4
Deleted: e
` .1 Deleted: Practitioner
treatment rooms to be utilized and deposited by the client in the reception area. Deteted: Pracitionor
(h) Alcohol prohibited. No alcoholic beverages may be possessed or Deleted: Praciitiener
consumed on the premises of the Massage Establishment. Deleted: p
Deleted: badge
De[eted: Practitioner
Deleted: badge
Deleted: badge
11
(i) No condoms. No condoms shall be kept at the Massage
Establishment unless they are the personal property of persons on-site, and they
are for the individual's personal use outside the business premises.
0) Standard of dress. The holder of the Nassage Therapist permit or
u
-
Deleted: Massage Establishment
state certification, and all other employees of the Massage Establishment shall
permit, Managing Employee,
clothed at all times while on the premises of the Massage
remain full
Deleted: Practitioners
y
Establishment. At a minimum, such clothing shall be made of a non-transparent
material and shall not expose the buttocks, genital area or breasts of any
employee or the holder of the permit. Bikini swimsuits and halter tops shall not
be acceptable.
(k) Operating hours. All Massage Establishments shall be closed for
business by no later than 10:00 p.m. and shall open for business no earlier than
6:00 a.m. A Massage Establishment operating under a Conditional Use Permit
(CUP) approved prior to the enactment of this ordinance may continue to operate
under the hours permitted in the use permit. The Town may set the specific
operating hours for each Massage Establishment through the conditional use
permit process. It shall be unlawful for any Massage 1grapist, or other
Deleted: Practitioner
employee of a Massage Establishment, to give or practice massage during the
hours when the Massage Establishment is closed.
(1) List of services. A list of services available and the cost of such
services shall available in an open public place within the premises, and they
shall be described in readily understandable language. Nothing in this section
shall preclude the list of services to be printed in another language other than
English. No owner, operator, manager, and/or responsible, ,(3f a Massagt?
- Da[eted: Managing Employee
Establishment shall permit, and no Massage Thera is shall offer or perform,-any
Deleted: Practitione
service other than those posted.
Deleted: r
(m) Records. Every Massage Establishment shall keep a written record
of the date and hour of each service provided; the first and last name of each
patron and the service received; and the first and last name of the Massage
Thera is administering the service. Said records shall be open to inspection by
r - Deleted: Practitioner
Town officials, limited to sworn members of the Police Department, Town code
compliance officer and the Town Attorney, who is charged with enforcement of
this Article XI. A valid subpoena should be obtained by these specific officials
prior to inspection of records. These records may not be used by the Massage
Establishment for any other purpose than as records of service provided, and
unless otherwise required by law, they shall not be provided to third parties by
the Massage Establishment. Said records shall be retained on the premises of
the Massage Establishment business office for a period of not less than three (3)
years.
Sec. 14.110.055 Sanitation requirementsicondition of premises.
12
(a) Required maintenance of Massage Establishments. All premises and
facilities of the Massage Establishments shall be maintained in a clean and
sanitary condition and shall be thoroughly cleaned after each day of operation.
The premises and facilities shall meet applicable Code requirements of the
Town, including but not limited to those related to the safety of the structure,
adequacy of the plumbing, heating, ventilating and waterproofing of rooms in
which showers, water or steam baths are used.
(b) linens. All Massage Establishments shall provide clean, laundered
sheets, towels, and other linens in sufficient quantity for use by their clients.
Such linens shall be laundered after each use and stored in a sanitary manner.
No common use of linens or towels shall be permitted. Heavy white paper may
be substituted for sheets on massage tables, so long as such paper is used only
once for each client and is then discarded into a sanitary receptacle. Sanitary
receptacles shall be provided for the storage of all soiled linens.
(c) Privacy standards for massage rooms, dressing rooms and rest
rooms. The Massage Establishment shall provide doors on all of its dressing
rooms and massage rooms. Non-transparent draw drapes, curtain enclosures or
accordion-pleated enclosures are acceptable in lieu of doors for dressing and
massage rooms.
(d) No residential use. No part of the Massage Establishment shall be
used for residential or sleeping purposes. No cooking or food preparation will be
allowed on the premises unless it is within an employee only designated kitchen
area.
Sec. 14.110.060. Prohibited acts.
(a) Touching of sexual and genital parts of client during massage. No
jVlassage them is or any other employee of a Massage Establishment shall Deleted: holder of a Massage
lace either his/her hand or hands upon, or touch with any part of his/her bod a Establishment permit, Managing
place Y P Y. Employee,
sexual or genital part of any other person in the course of a massage, or Deleted; Pracrdioner
massage a sexual or genital part of any other person.
Sexual and genital parts shall include the genitals, pubic area, anus or
perineum of any person or the vulva or breast of a female. In the case of breast
massage, female clients shall sign a written consent form, provided by the
establishment and/or practitioner prior to providing breast massage.
(b) Uncovering and exposure of sexual and genital parts before, during
or after massage. No/lassage Therapist, or other employee of a Massage Deleted: No holder of a Massage
Establishment shall uncover and expose the sexual or genital parts, as defined in Establishment permit, Managing E
Employee,
subsection (a), above, of a client or themselves in the course of giving a Deleted: Practitioner
massage, or before or after a massage. This subsection does not prohibit a - -
client from turning over in the course of a massage, so long as the Massage
13
Thera is holds a towel, sheet, blanket or other drape over the client to protect Deleted: Practitioner
his/her genital and sexual-parts from exposure.
-
(c) Violation of provisions of this section may be charged separately as a
felony as permitted by state law.
Sec. 14.110.065. Out-call massage services.
Any massage therapist who has complied with all applicable provisions of this
Article XI may provide out-call massage services to clients within the Town of Los
Gatos. Such Massage Therapis shall maintain their ppermits upon their persons, Deleted: Practitioners
_ -
or within their immediate reach, at all times while performing massage in the
Town and shall display these upon the request of any client, police officer or
code compliance officer.
Sec. 14.110.070. Transfer of Massage Thera is permit.
No Passage Thera is _permit issued pursuant to this Article XI shall be
transferred, altered in name, or assigned in anymanner, whether by operation of
law or otherwise, from location to location or from person to person, except that
any person possessing a valid Massage Thera is permit shall be able to mov_e_-
from one employer to another without filing a new application or paying a new
fee, so long as the permit holder notifies the police chief of the change in his/her
employment within five (5) business days of their move date to the new location.
Deleted: Massage Establishment
permit, Managing Employee
permit,
Deleted: Practitioner
Deleted: Massage Establishment
permit, Managing Employee permit or
Deleted: Practitioner
Deleted: Practitioner
Sec. 14.110.075. Expiration and renewal of JVtassage
Thera is permit;
-
Deleted: Massage Establishment
.
payment of renewal fee.
permits, Managing Employee
permits, and
Deleted: Practitioner
(a) All Massage -Therapist permits shall expire annually on the date of
their issuance, unless revoked sooner by the Police Chief.
Deleted: Establishment permits,
Managing Employee permits, and
Applications for renewal of a permit must be submitted to the Police Chief by r
Massage Practitioner
later than sixty (60) calendar days before the expiration of such permit on a form
provided by the police department, which shall require the applicant for renewal
to update the information contained in his/her original application. The applicant
must pay the Town a non-refundable renewal fee, in the amount established by
resolution of the Town Council, at the time of filing his/her application for renewal.
After investigating the application for renewal, the Police Chief may renew the, Deleted: Massage Establishment
permit, Managing Employee permit or
permit if the applicant continues to meet the standards for the issuance of a Massage practitioner
permit, and none of the grounds for denial of a permit set forth in section
14.110.040 (b) exist. The Police Chief shall give the applicant for renewal written
notice of his/her decision within sixty (60) calendar days of the submission of the
application for renewal to the police department by personal service of the
decision to the applicant at his/her most recent home or business address on file
with the police department or deposit of the decision in the United States mail by
certified mail. If the application is denied, the notice shall state the specific
14
grounds for the denial and that the applicant may appeal to the Town Manager
through the procedures set forth in section 14.110.040 (7) (d).
(b) If the holder of a Massage Thenapistp rnit does not file a timely - - - Deleted: Establishment permit,
application for renewal sixty (60) calendar days before expiration of the permit 1 Massage l1, Managing Employeapermitora
Pr
he/she shall be required to file an application for a new permit pursuant to section Deleted: actitioner
14.110.025 and to pay the applicable fees.
Sec. 14.110.080 Suspension and revocation of Massage- Therapist permit,
(a) Grounds for suspension or revocation of Massage Therapist permit.
The Police Chief may suspend for a period of up to nine (9) months or revoke a
Massage Therapist permit, according toprocedures set forth in subsection (c)
below, if there is probable cause to believe that:
(1) The permit holder has operated or managed the Massage Establishment in
a manner which violates any provision of this Article XI, or other applicable Town
Code provisions, state or federal law;
Deleted: Massage Est.bll.hment
permits, Managing Employee
permits and i
Deleted: Practitioner
Deleted: s
Deleted: Establishment permit or l
Managing Employee i
Deleted: Establishment permit, or
Managing Employee
(2) The permit holder has committed any offense involving lewdness, indecent
exposure, prostitution, human trafficking or any other offense which would be
rounds for denial pursuant to section 14.110.040 or employees of the Massage Deleted: of an application fora
g 'p----------------------------'-g--- Massage Establishment permit or
Establishment have committed such offenses in the course of their employment Managing Employee permit
and the permit holder has permitted them to do so or has failed to prevent them
from doing so;
(3) Has made a false or misleading statement or omission of fact on his/her
application for a2ermitjor for-renewal of the permit, or in an _supplementary Deleted: Massage Establishment p
materials submitted with the application; or - Deleted: Managing Employee
permit j
(4) Is operating or managing the Massage Establishment in a manner which
poses a danger to the health and safety of clients and/or the public, or without
due regard for proper sanitation or hygiene.
(b) Grounds for revocation or suspension of Massage FTherapist permit. - Deleted: Practitioner
The Police Chief may suspend for a period of up to nine (9) months or revoke a
Massage Thera is permit according to the procedures set forth in subsection Deleted: Practitioner
,(c), below, if there _isprobable_cause to believe that: a - Deleted:
` t=armatted: ]ndent: First line: D"
(1) The Massage Thera is has violated any provision of this Article XI, or other Deleted: Practitioner
applicable provisions of the Town Code;
(2) The Massage Thera is has committed any violation of_law related to _ - - -Leleted: Practitioner
lewdness, indecent exposure, prostitution, human trafficking or any offense which
would be grounds for denial of an application for a Massage Therapist permit - Deleted: Practitioner
pursuant to section 14.110.040;
15
(3) The Massag The~_ grapiist has made a false or misleading statement or Deleted: Practitioner
omission of fact on his/her application for a permit or for renewal of a permit or in
any supplementary materials submitted with such applications; or
(4) The Massage Thera is has practiced massage in a manner which.,poses a__ Deleted: Practitioner
danger to the health and safety of clients or the public, or without due regard for
proper sanitation or hygiene.
(d) Procedure for revocation or suspension of,Massage Thera is
permit.
J Deleted: Massage Establishment
permit, Managing Employee permit or
Deleted: Practitione
(1) Notice to holder of permit. Whenever the Police Chief has probable cause Deleted: r
to believe that grounds for the suspension or revocation of a Massage _Therapist_ - Deleted: Establishment permit,
permit exist, he/she shall give the holder of the permit written notice of the date, Managing Employee permit or
Massage Practitioner
time and place of a hearing to be held before the Police Chief on whether the
permit should be suspended or revoked. The notice shall state the alleged
grounds for the proposed revocation or suspension of the permit, and the notice
shall be served on the holder of the permit personally at the most recent home or
business address on file with the police department or by deposit of the notice in
the United States mail by certified mall.,Said notice shall also state that if no _ _ _ _ _ _ - - Deleted: 9
written request for a hearing is timely received, the applicant shall be deemed to
waive its rights to a hearing.
(2) Hearing before Police Chief. The hearing on the revocation or suspension
of the permit shall be held before the Police Chief or his/her designee no less
than ten (10) calendar days after the personal service of the notice to the holder
of the permit at the most recent home or business address on file with the police
department, or no less than ten (10) calendar days after deposit of the notice,
addressed to the holder of the permit or certificate, in the United States mail by
certified mail. At the hearing, the holder of the permit and a representative of the
Town shall have the right to appear and to be represented by counsel, and to
present evidence and arguments which are relevant to a determination of
whether grounds for suspension or revocation of the permit or certificate exist.
(3) Decision of Police Chief. Within ten (10) calendar days after the hearing, the
Police Chief shall issue a written decision which states whether the permit is
suspended or revoked, the length of any suspension, and the factual basis for
the decision, and that the holder of the permit may appeal any suspension or
revocation to the Town Manager through the procedures set forth in paragraph
(4), below. The decision of the Police Chief shall be served on the holder of the
permit by personal service at the most recent home or business address on file
with the police department or deposit of the notice, addressed to the holder of the
permit, in the United States mail by certified mail. Said notice shall also state
that if no written request for an appeal hearing is timely received, the applicant
shall be deemed to waive its rights to an appeal hearing.
16
(4) Request for appeal hearing before the Town Manager. The holder of the
permit may appeal the decision of the Police Chief by filing a written request for
an appeal hearing, which states the specific grounds on which the decision of the
police chief is contested, with the Town Manager's office within ten (10) calendar
days of the personal service to the holder of the permit of the Police Chiefs
decision at the most recent home or business address on file with the police
department, or within ten (10) calendar days of service of the decision by deposit
of the notice, addressed to the holder of the permit, in the United States mail by
certified mail.
(5) Appeal hearing before the Town Manager. Upon receipt of a timely request
for an appeal hearing, the Town Manager's office shall notify the permit holder in
writing of the date, time and place of the hearing before the Town Manager or
designee which shall not be less than ten (10) calendar days after service of
such written notice on the permit holder by personal service at the most recent
home or business address on file with the police department, or ten (10) calendar
days after service of the notice by deposit of the notice, addressed to the holder
of the permit or certificate, in the United States mail by certified mail.
At the hearing, both the holder of the permit and the Police Chief shall have the
right to appear and be represented by counsel and to present evidence and
arguments which are relevant to the grounds for the appeal, as stated in the
request for an appeal hearing. Within ten (10) calendar days of the hearing, the
Town Manager or designee shall issue a written decision that states whether the
decision of the Police Chief is upheld, modified or reversed, and the length of any
suspension. The decision shall be served on the holder of the permit by in-
person delivery or by certified mail. The decision of the Town Manager or
designee shall be final.
(6) Effective date of revocation or suspension. Any suspension or revocation of
a permit shall become effective immediately upon the personal service of the
written decision of the Police Chief, or, in the event of an appeal, the Town
Manager or designee, to the holder of the permit at the most recent home or
business address on file with the city, or within five (5) calendar days of the
deposit of such decision addressed to the holder of the permit into the United
States mail by certified mail.
(7) Surrender of suspended or revoked Massage Theragist permit to Police
Deleted: Establishment permit,
Chief. Upon a written decision by the Police Chief, or in the event of an appeal,
Managing Employee permit, or
Massage Practitioner 3
by the Town Manager or designee, which suspends or revokes a Passage
-
-
Deleted: Massage Establishment
Thera is permit, the permit shall immediately be surrendered to the Police Chief.
permit, Managing Employee permit.
-
In the case of a suspension, the Police Chief shall return the permit after the
or
period of suspension has ended.
Deleted: Practitioner ;
17
Sec. 14.110.085. Criminal penalties.
Except as specified in section 14.110.060, a violation of any provision of this
Article is a misdemeanor and may be prosecuted by the Town in the name of the
people of the State of California. The maximum fine or penalty for any violation of
this Article XI shall be one thousand dollars ($1000.00), or a term of
imprisonment in the county jail for a period not exceeding six (6) months.
Except as otherwise provided, every such person shall be guilty of a separate
offense for each and every day during any portion of which any violation is
committed, continued or permitted by such person, and shall be punishable
accordingly.
Sec 14.110.090_dnspection by officials..
_ _ _ _ _ _ _ _ - Deleted:
Any sworn investigating official of the Police Department, Town of Los Gatos
Code Compliance Officer, Town Attorney or County Fire Department officials
charged with investigating and enforcing compliance with this Article XI, shall
have the right to enter the Massage Establishment from time to time during
regular business hours for the purpose of making reasonable inspections to
observe and enforce compliance with applicable regulations, laws, codes and the
provisions of this Article XI.
Sec. 14.110.095 Massage Establishment operated in violation of this Article
XI deemed a public nuisance.
Any Massage Establlshment which is opened, operated or maintained contrary to
the provisions of this Article XI shall be deemed a public nuisance. In addition to,
or in lieu of any other available legal remedies, the Town Attorney or District
Attorney of Santa Clara County may commence a civil legal action or actions in a
court of competent jurisdiction to abate such nuisance and to enjoin the
continued operation and maintenance of the Massage Establishment in a manner
prohibited by this Article XI.
Sec. 14.110.100 Application of this Article XI to preexisting Massage
Establishments and persons holding valid Massage Thera is business Deleted: Practitione
licenses before effective date of this chapterione-year time period for Dented:
holders of preexisting business licenses to meet new educational
requirements.
(a) Except as otherwise provided herein, the provisions of this chapter
shall become applicable to Massage Establishments which lawfully existed in the
Town prior to the effective date of this chapter, and to persons who held valid
Massage Therapist business license issued by_the Town prior to the effective Deleted: Practitioner
date of this chapter, upon the expiration of such preexisting Massage
18
Establishment business license and/or Massage Therapist business license - Deleted: Practitioner ;
and/or pursuant to section 14.110.075. In order to renew such preexisting
Massage Establishment business license, the holder of the business license
must file an application for a new permit pursuant to section 14.110.025, pay all
applicable fees and must demonstrate, to the satisfaction of the Police Chief, that
he/she meets all requirements of this chapter, except that holders of preexisting
Massage Establishment business license shall have a period of eighteen (18)
months from the effective date of this chapter to meet the new educational
requirements set forth in sections 14.110.025 and 14.110.30, respectively.
SECTION II
In the event that any part of this ordinance is held to be invalid, the invalid
part or parts shall be severed from the remaining portions which shall remain in
full force and effect, Deleted: T
SECTION III
This ordinance was introduced at a regular meeting of the Town Council of
the Town of Los Gatos on , 20 and adopted by the
following vote as an ordinance of the Town of Los Gatos at a regular meeting of
the Town Council of the Town of Los Gatos on , 20_. This
ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS.
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA Rev: 6/2/04
19
Pig . [1j Deleted::.; AForresC . 8/3f2009:10 g3 00 AM-.
If an applicant for a Massage Establishment permit or Managing
Employee permit is simultaneously applying for a Massage Practitioner permit
because he/she intends to give massages at his/her business, the Town shall not
charge any additional fees related to the Massage Practitioner permit.
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING ARTICLE XI OF CHAPTER 14 OF THE LOS GATOS TOWN CODE
REGARDING THE REGULATION OF MASSAGE THERAPISTS
WHEREAS, Article XI of Chapter 14 of the Town Code was enacted in 2007
(Ordinance No. 2155) for the purpose of regulating massage therapy establishments and massage
therapy practitioners to better ensure that such valuable health and therapeutic services are
provided consistent with the public health, safety and welfare, and
WHEREAS, in 2008, State Senate Bill 731 ("SB 731") was adopted into law amending
the California Business and Professions Code to establish a voluntary statewide regulatory and
certification process for massage therapists and practitioners, which process would supersede
existing local regulation in cases where practitioners elect to become certified pursuant to SB
731, and
WHEREAS, Article XI of Chapter 14 of the Town Code must be amended to ensure that
its provisions only apply in situations that are not superseded by SB 731, specifically where
massage therapists and practitioners are not certified by and operating in accordance with the
statewide regulatory protocol established under SB 731, and
WHEREAS, additional non-substantial amendments to Article XI of Chapter 14 of the
Town Code are appropriate to further clarify its meaning and application.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS;
SECTION I
Sections 14.110.015 through and including 14.110.100 of Article XI of Chapter 14 of the Los
Gatos Town Code are hereby repealed in their entirety and replaced with the following:
Sec. 14.110.015. Purpose and Intent.
(a) Purpose.
(1) In enacting these regulations, the Town of Los Gatos Town Council
(hereafter referred to as "Town Council") recognizes that massage is a viable
professional healing art offering the public valuable health and therapeutic
services.
(2) It is the purpose and intent of the Town Council that the operation of
Massage Establishments and persons offering massage be regulated in the
interests of public health, safety, and welfare by providing minimum building,
sanitation, and health standards and to ensure that persons offering massage shall
Page 1 of 19 ATTACHMENT 2
possess the minimum qualifications necessary to operate such businesses and to
perform such services offered.
(3) It is the purpose and intent of this Article XI to articulate regulations
to ensure that persons offering massage services are qualified and trained and can
be expected to conduct their work in a lawful and professional manner.
(b) Conflicts with other provisions of this Code. In the event of any conflicts or
inconsistencies between the provisions of this Article XI and the remaining provisions of this
Chapter 14 or with the provisions of any other chapter(s) of the Town Code, the provisions of
this Article XI shall control, unless to do so would be inconsistent with the stated purpose of this
Article XI. Any massage establishment is further regulated pursuant to Chapter 29 of this Code.
(c) Responsibility for enforcement. The primary responsibility for enforcement of the
provisions of this Article XI shall be vested in the Chief of Police.
Sec. 14.110.015. Definitions.
For purposes of this Article XI, the following words, terms and phrases are defined as
follows:
California Massage Therapy Council (CAMTC) The governing non-profit board that is
authorized to evaluate qualifications of massage therapists and issue certification in the State of
California. There are two levels of certification: CMT (Certified Massage Therapist) and CMP
(Certified Massage Practitioner).
Massage means any method of treating the external parts or surfaces of the human body
by bathing, rubbing, pressing, stroking, pounding, kneading, tapping, vibrating, or touching or
stimulating with the hands or any part of the body, or any instrument.
Massage establishment means any establishment, having a fixed place of business where
any person, firm, association, partnership, corporation, joint venture or a combination of
individuals engages in, conducts, carries on or permits to be engaged in, conducted or carried on
for consideration, massages or health treatments in the Town in which massages are given in
return for compensation of any type; including but not limited to any hot tub/sauna
establishment, personal fitness training center, spa, gymnasium, athletic facility, health club or
office in which massage services are made available to clients.
Massage therapist who performs massage in return for compensation of any type and
who has completed a minimum of three hundred (300) or more verifiable hours in a resident
course of study from a recognized school on the theory, ethics, history, practice, methods,
profession or work of massage, including the study of anatomy and physiology and hygiene, with
at least seventy-five (75) hours of the required three hundred (300) hours in the areas of
demonstration and practice of massage techniques from a recognized school, that which provides
a diploma or certificate of completion upon successful completion of such resident course of
study.
Page 2 of 19
Massage therapist trainee means any person who is defined in "massage therapist" above,
and who has written proof he/she is currently enrolled in a recognized school of massage and has
completed a minimum of fifty (50) hours of instruction from said recognized school and will be
working under the direct supervision of a lawfully permitted massage therapist as provided in
this Article XI, and will only be conducting massage therapy on staff or permitted therapists of
that establishment, and not members of the public.
Out-call massage service means any therapist who provides massage services at a
location designated by the customer or client or the Massage Therapist or the out-call massage
service, other than at the designated approved massage establishment.
Person means any individual, partnership, firm, association, corporation, joint venture or
any other combination of individuals for the purpose of doing business.
Police chief means the Los Gatos/Monte Sereno Police Chief or his or her designee.
Recognized school means any school or institution of higher learning which has been
approved pursuant to California Education Code Section 94300 et seq. or other applicable state
law or regulations of California or another state, or other country which requires a resident
course of study on the theory, ethics, history, practice, methods, profession or work of massage,
including the study of anatomy and physiology and hygiene, and which provides a diploma or
certificate of completion upon successful completion of such course of study. At least seventy-
five (75) hours of the required three hundred (300) hours shall be in the areas of demonstration
and practice of massage techniques, Schools offering correspondence course(s) not requiring
actual attendance of class shall not be deemed a recognized school. The Town shall have the
right to confirm the fact that the applicant has actually attended classes in a recognized school for
the aforementioned minimum time period.
State Certificate Holder means a person who holds a current and valid California state
certificate from the CAMTC as a massage practitioner or massage therapist, per Business and
Professions Code sections 4600-4620.
See. 14.110.020 Exemptions.
The provisions of this chapter shall not apply to:
(a) Physicians, surgeons, chiropractors, acupuncturists, osteopaths, registered nurses,
physical therapists or other health professionals who are duly licensed to practice their respective
professions under the laws of the State of California.
(b) Persons who hold a current and valid CAMTC state certification and who are
practicing consistent with the qualifications and requirements of such certificate.
(c) Barbers or cosmetologists who are duly licensed under the laws of the State of
California while performing massage within the scope of their licenses.
Page 3 of 19
(d) Persons administering massages or health treatments involving massage to other
persons who are participating in a recreational or special event that has been approved by the
Town, provided that the following conditions are met:
(1) The massage services are made available equally to all participants in the
event;
(2) The event is open to participation by the general public or a significant
segment of the public;
(3) The massage services are provided during the event in an open environment
at the site of the event;
(4) The sponsors of the event have approved the provision of massage services at
the event; and
(5) The persons providing the massage services are in compliance with all
applicable Town Codes and other laws.
Sec. 14.110.025 Permit/Certification Requirements for Massage Establishments Massa e
Thera ip Sts.
(a) Massage Establishments. No person shall establish, operate or maintain a Massage
Establishment within Town limits without ensuring that each massage practitioner/therapist
(whether an employee or independent contractor) working within the establishment has a current
and valid state certification through CAMTC or has obtained a current and valid massage permit
from the Police Department.
(b) Massage Therapist permit. No person shall practice massage or give massages in
return for compensation of any type within Town limits without a current and valid state
certification from the CAMTC OR absent such certificate, obtaining from the Police Chief and
maintaining in effect a Massage Therapist permit. It is unlawful for any person to practice
massage or give massages in return for compensation while his/her Massage Therapist permit or
state certification has been suspended or revoked, or has expired.
Sec. 14.110.030 Educational Requirements for Massage Therapists.
(a) General educational requirements. Except as indicated below, all applicants for a
Massage Therapist permit must meet the following educational standards in order to qualify for
such permit, at the discretion of the Chief of Police:
(1) Possession of a diploma or certificate of completion from a
recognized school which shows satisfactory completion of a resident course of
study of a minimum of three hundred (300) verifiable hours on the theory, ethics,
history, practice, and/or methods of massage therapy, including the study of
anatomy, physiology and hygiene, with at least seventy-five (75) hours of the
required threc hundred (300) hours in the areas of demonstration and practice of
massage techniques; or
Page 4of19
(2) Possession of a diploma or certificate of completion from a
recognized school or public school showing satisfactory completion of a
minimum of three hundred (300) verifiable hours of a non-repetitive curriculum
which covers the subjects described in subsection 1 above, and a transcript or
transcripts from a college or junior or community college in the State of
California, or a college or junior or community college in another state from
which courses would be acceptable for transfer credit to any college in the
California State University and College System, which shows completion, with a
passing grade or better, of at least eight (8) quarter units or six (6) semester units
of courses in health theory, health care, anatomy, physiology, psychology, bio-
mechanics or kinesiology; or
(3) Degrees, certificates, diplomas, and course work received at other
institutions, American or foreign, shall be accepted only if such institution is
approved by an education agency in that state or country and the curriculum br
course of studies meets the criteria set out by this code. Course descriptions,
school catalogs or bulletins may be required by the department to substantiate the
curriculum.
(b) Exemptions from educational requirements. The following persons are exempt
from the educational requirements set forth in subsection (a) above:
(1) Holders of Massage Establishment business licenses and Massage
Therapists business licenses issued by the Town before the effective date of this
Article XI shall have a period of eighteen (18) months from the effective date of
this Article XI to satisfy the educational requirements set forth in subsection (a)
above.
(2) At the end of 18 months from the effective date of this Article XI, any
therapist who does not have the required 300 hours of education will not be
permitted to practice in Los Gatos However, consideration can be given by the
Chief of Police at his/her discretion, to those therapists who can prove through
documentation that they are currently enrolled in coursework associated with
massage therapy and compliance of the 300 hour requirement is expected in a
reasonable amount of time.
Sec. 14.110.035. Applications for Massage Therapist Permits.
(a) Submission of application. All persons who wish to obtain a Massage Therapist
permit from the Town shall file a written application with the Police Chief on a form provided by
the Town, which contains the following information:
(1) The full name, including any nicknames or other names used presently or in
the past, and the present address and phone number of the applicant;
(2) The applicant's two (2) most recent addresses within the last seven (7) years,
and the dates of residence at each address;
Page 5of19
(3) Proof the applicant is over eighteen. (18) years of age;
(4) The applicant's height, weight and colors of eyes and hair;
(5) The applicant's driver's license and/or California I.D. number (if any) and
social security number;
(6) The applicant's two (2) most recent employers within the last seven (7) years,
including their names, addresses and phone numbers, and the position held by the
applicant;
(7) The names and addresses of any massage facility or other businesses
involving massage by which the applicant has been employed, or self-employed
as a Massage Therapist, within the past ten (10) years;
(S) Any criminal conviction on the part of the applicant for offenses other than
traffic violations within the ten (10) years preceding the date of the application;
(9) Any criminal charges pending against the applicant at the time of the
application, other than traffic citations, the name and location of the court in
which the criminal charges are pending and the applicable case numbers;
(10) Whether the applicant has ever had a license, certificate or permit related to
the practice of massage, or the operation of a Massage Establishment, or other
business involving the practice of massage, suspended or revoked within the ten
(10) years preceding the date of the application, the dates and reasons for any
such suspensions or revocations, and the name and location of the jurisdiction or
public agency which suspended or revoked such license, permit or certificate;
(11) Whether the applicant, as a member of a corporation or partnership, has
ever operated or been employed at any business which has been the subject of an
abatement proceeding under the California Red Light Abatement Act (California
Penal Code Sections 11225 through 11325) or any similar laws in other
jurisdictions. If the applicant has previously worked at such a business, he/she
should state on the application the name and address of the business, the dates on
which the applicant was employed at such business, the name and location of the
court in which the abatement action occurred, the applicable case number and the
outcome of the abatement action;
(12) Whether the applicant provided sufficient information to the Town's
satisfaction that they meet the educational requirements set forth in section
14.110.030.
(13) Whether the applicant had previously applied to the Town for a Massage
Therapist permit, the date of the previous application and any other name(s) under
which the application was made;
(14) The name and address of the owner of the real property upon or in which
the business is to be conducted. In the event the applicant is not the legal owner of
the property,. the application must be accompanied by a copy of the lease and a
notarized acknowledgment from the owner of the property that a Massage
Establishment will be located on his/her property.
(15) Proof of malpractice insurance in the sum of not less than one hundred
thousand dollars ($100,000.00) per massage therapist licensed, or to be licensed,
at the Massage Establishment up to a maximum of five hundred thousand dollars
($500,000.00); this requirement can be satisfied by malpractice insurance being
provided in the name of individual Massage Therapist or establishment.
Page 6 of 19
16) Written authorization for the Town, its agents and employees, to seek
information and to conduct an investigation into the truth of the statements set
forth in the application and into the background of the applicant.
(17) The applicant shall advise the Town in writing of any change of address or
change in fact(s) represented to Town which may occur during the Town's
processing of the application; and
(18) A statement under penalty of perjury that the applicant has not knowingly
and with the intent to deceive made any false, misleading or fraudulent statements
or omissions of fact in his/her application or any other documents required by the
Town to be submitted with the application.
(b) Other required information. Applicants Massage Therapist permits shall also submit
the following information to the Police Chief at the time of their application:
(1) A birth certificate or other legal documentation that verifies the identity of
the applicant and verifies that the applicant is over eighteen (18) years of age;
(2) A diploma, certificate of completion, transcripts from each school or
institution from which the Massage Therapist has obtained training or other
written proof acceptable to the Police Chief that the applicant has met the
educational requirements set forth in section 14.110.030. Diplomas, certificates of
completion and transcripts shall indicate the number of hours or training received
by the certificate holder.
(3) Other related information requested by the Police Chief in order to evaluate .
the background and qualifications of the applicant for the permit sought. This may
include information or documentation to indicate whether the Massage Therapist
is affiliated with or a member of any recognized national or state massage therapy
association or organization.
(c) Payment of permit fees. At the time of filing an original application for a Massage
Therapist permit, applicants shall pay Massage Therapist permit fees (as applicable) in an
amount established by a resolution of the Town Council. All fees shall be non-refundable.
(d) Processing of application and investigation. Upon receipt of an application for a
Massage Therapist permit, the Police Chief shall review the application and supplementary
material. If it is clear from the face of the application and supplementary materials that the
applicant is not qualified for a permit, or the application is incomplete, the application may be
denied without further investigation. If it appears from the face of the application and
supplementary material that the applicant may be eligible for the permit sought, the Police Chief
shall verify the information submitted by the applicant and shall further investigate the
qualifications of the applicant as follows:
(1) Photographs/fingerprints/review of criminal history. The Police Chief shall
either require a recent photograph of the applicant.
Page 7 of 19
Applicant shall also be responsible for submitting fingerprints pursuant to
"Livescan" procedures and pay all costs associated with such submittal. The
applicant's fingerprints will then be submitted to the Department of Justice (DOJ)
and the Federal Bureau of Investigation (FBI) for evaluation. Upon receipt of the
report from the Department of Justice (DOJ) and the Federal Bureau of
Investigation (FBI), the police chief shall review the criminal history (if any) of
the applicant.
(2) Investigation of location and premises of Massage Establishment.
Upon receipt of an application for a new Massage Establishment, the Police Chief
shall refer the application to the Town's applicable department's which shall
review the application and, if necessary, inspect the premises to ensure that the
operation of the business at the designated site will comply with the provisions of
this Article XI and the Town's zoning, building and fire safety standards, and any
other applicable Town codes. If a use permit is required for the Massage
Establishment the applicant shall comply with the Town's zoning code.
No home occupation permit shall be issued for a massage establishment or
massage activities.
(3) Additional investigation. The Police Chief may conduct additional
investigation in a manner authorized by law when necessary to determine whether
the applicant meets the qualifications for a permit pursuant to this Article XI.
Sec. 14.110.040 Grant or Denial of Application for Massage Therapist Permit.
(a) Time for grant or denial of applications. The Police Chief shall grant or deny the
application for a Massage Therapist permit within thirty (30) calendar days of the applicant's
submission of the application and all required supplementary material. When necessary to
conduct a complete investigation of an application, the Police Chief may extend this time to a
maximum of sixty (60) calendar days. Granting of a permit requires the massage establishment
and/or therapist to be in compliance with Chapter 29 of this Code.
(b) Grounds for denial of Massage Therapist permit. The Police Chief shall deny an
application for a Massage Establishment, Managing Employee permit or Massage Practitioner
permit if any of the following circumstances exist:
(1) The application is incomplete and/or required supplementary materials are
not submitted on a timely basis;
(2) The applicant does not have the required educational qualifications, unless
the applicant is exempted from these requirements pursuant to section 14.110.030
(b);
(3) The applicant has previously had a Massage therapist permit or similar
license, certificate or permit revoked by the Town or any other public agency in
Page 8of19
any state or country, within five (5) years. Any revocation beyond five (5) years
will be reviewed, and discretion for approval given by, the Chief of Police.
(4) The applicant has made a false, misleading or fraudulent statement or
omission of fact in his/her application or other materials submitted with the
application;
(5) The applicant, including applicant as a corporation or partnership, or former
employer of the applicant while the applicant was so employed, has been
successfully prosecuted in an abatement proceeding under the California Red
Light Abatement Act (Penal Code sections 11225 through 11325) or any other
similar laws in another jurisdiction;
(6) The applicant has been convicted of:
(a) An offense which requires registration pursuant to California Penal
Code section 290; or a violation of sections 266(h), 266(1), 311 through 311.7,
314, 315, 316, 318 or 647(b), 647(d), 647(f) 647.1 of the California Penal Code,
or equivalent offenses under the laws of another jurisdiction, including any other
State or Country.
(b) A prior offense which involves violation of California Health and
Safety Code sections 11351 through 11354, 11358 through 11363, 11378 through
11380, or the sale of controlled substances specified in California Health and
Safety Code sections 11054, 11056, 11057 or 11058, or equivalent offenses under
the laws of another jurisdiction, including any other state or country.
(c) Any offense involving dishonesty, fraud, deceit or the use of force or
violence upon another person in the last 10 years; or
(d) Any offense involving sexual misconduct.
(e) For purposes of this section, a plea of "nolo contendere" may also
serve as the basis for the denial of a Massage Therapist permit because the above-
listed underlying offenses bear a substantial relationship to the qualifications,
functions or duties of a Massage Therapist or Establishment.
(7) The operation of the Massage Establishment would violate the Town's zoning,
building or fire regulations, or other provisions of law or the Town Code.
(a) Notice to applicant of grant or denial of application. The Police Chief
shall give written notice to the applicant of the grant or denial of the application
for a permit by certified mail or by personal service. If the application is denied,
the notice shall advise the applicant of the reasons for the denial and of his/her
right to appeal the decision to the Town Manager through the procedures set forth
in subsection (d) below.
Page 9 of 19
(b) Appeal of denial of Massage Therapist permit to the Town Manager.
Upon the denial of an application for a Massage Therapist permit by the Police
Chief, the applicant may appeal to the Town Manager through the following
procedures:
(1) Request for appeal hearing. The applicant shall file a written
request for an appeal hearing, which states the specific grounds on
which the decision of the Police Chief to deny the permit is
contested, with the Town Manager's office within ten (10)
calendar days of the personal service of the Police Chiefs decision
to the applicant at the most recent home or business address on file
with the police department, or within ten (10) calendar ddys of
service of the Police Chiefs decision in the United States mail by
certified mail.
(2) Notice of time and place of hearing. Upon receipt of a timely
request for an appeal hearing, the Town Manager's office shall
notify the applicant in writing of the date, time and place of the
hearing before the Town Manager or designee, which shall not be
less than ten (10) calendar clays after the service of such written
notice on the applicant by in-person delivery at the most recent
home or business address on file with the Town or ten (10)
calendar days after the deposit of the notice in an envelope
addressed to the applicant in the United States mail by certified
mail.
(3) Hearing before the Town Manager or designee. At the
hearing, both the applicant and the Police Chief shall have the right
to appear and be represented by counsel, and to present evidence
and arguments relevant to the grounds on which the decision to
deny the application is appealed. The burden of proof shall be on
the applicant to demonstrate that he/she meets the qualifications
for a Massage Therapist permit and is entitled to the issuance of
such pen-nit.
(4) Decision of the Town Manager or designee. Within ten (10)
calendar days of the hearing, the Town Manager or designee shall'
issue a written decision, which states whether the decision of the
Police Chief to deny the application is upheld or reversed, and the
reasons for this determination.
The decision shall be served upon the applicant by personal service
or by certified mail. The decision of the Town Manager or
designee shall be final.
Page 10 of 19
Sec. 14.110.045. Business License.
It is unlawful for any person, whether an employee or independent contractor of a
massage establishment, to open or operate a Massage Establishment or self employment of
massage therapy without obtaining and maintaining in effect a Town business license and paying
a business license tax.
Sec. 14.110.050 Operating Re uirements for Massage Establishments.
Unless otherwise specified herein, all Massage Establishments shall comply with the
following operating requirements.
(a) Exterior signs. A recognizable and legible sign should be posted at the main
entrance identifying the business and which clearly identifies the establishment to foot and/or
automobile traffic. An additional "Massage" sign need not be in addition to the primary business
sign. The sign shall be in compliance with Chapter 29 of this Code.
(b) Display of Massage Therapist permit. Every Massage Practitioner employed by.the
Massage Establishment shall hold a valid CAMTC certification or Massage Therapist permit
issued by the police department. Each state certified Massage therapist/practitioner or Police
Department permit holder shall be issued a photo identification card from the police department.
The Massage Therapist permit holder shall display the identification card on his/her person
during business hours, or have the identification card displayed in plain view.
(c) Dressing/massage room. Clients of the Massage Establishment shall be furnished
with a dressing/massage room, or private area for changing clothes.
(d) Payment/tips. All massage services shall be paid for in the reception area, and all
tips, if any, shall be paid for in the reception area. Massage Establishments may utilize a system
where tip envelopes are provided in the treatment rooms to be utilized and deposited by the client
in the reception area.
(e) Alcohol prohibited. No alcoholic beverages may be possessed or consumed on the
premises of the Massage Establishment.
(f) No condoms. No condoms shall be kept at the Massage Establishment unless they
are the personal property of persons on-site, and they are for the individual's personal use outside
the business premises.
(g) Standard of dress. The holder of the Massage Therapist permit or state certification,
and all other employees of the Massage Establishment shall remain fully clothed at all times
while on the premises of the Massage Establishment. At a minimum, such clothing shall be
made of a non-transparent material and shall not expose the buttocks, genital area or breasts of
any employee or the holder of the permit. Bikini swimsuits and halter tops shall not be
acceptable.
Page 11 of 19
(h) Operating hours. All Massage Establishments shall be closed for business by no
later than 10:00 p.m, and shall open for business no earlier than 6:00 a.m. A Massage
Establishinent operating under a Conditional Use Permit (CUP) approved prior to the enactment
of this ordinance may continue to operate under the hours permitted in the use permit. The Town
may set the specific operating hours for each Massage Establishment through the conditional use
permit process. It shall be unlawful for any Massage Therapist, or other employee of a Massage
Establishment, to give or practice massage during the hours when the Massage Establishment is
closed.
(i) List of services. A list of services available and the cost of such services shall
available in an open public place within the premises, and they shall be described in readily
understandable language. Nothing in this section shall preclude the list of services to be printed
in another language other than English. No owner, operator, manager, and/or responsible, of a
Massage Establishment shall permit, and no Massage Therapist shall offer or perform, any
service other than those posted.
0) Records. Every Massage Establishment shall keep a written record of the date and
hour of each service provided; the first and last name of each patron and the service received;
and the first and last name of the Massage Therapist administering the service. Said records
shall be open to inspection by Town officials, limited to sworn members of the Police
Department, Town code compliance officer and the Town Attorney, who is charged with
enforcement of this Article XI. A valid subpoena should be obtained by these specific officials
prior to inspection of records. These records may not be used by the Massage Establishment for
any other purpose than as records of service provided, and unless otherwise required by law, they
shall not be provided to third parties by the Massage Establishment. Said records shall be
retained on the premises of the Massage Establishment business office for a period of not less
than three (3) years.
Sec. 14.110.055 Sanitation Requirements/Condition of Premises.
(a) Required maintenance of Massage Establishments. All premises and facilities of the
Massage Establishments shall be maintained in a clean and sanitary condition and shall be
thoroughly cleaned after each day of operation.
The premises and facilities shall meet applicable Code requirements of the Town, including but
not limited to those related to the safety of the structure, adequacy of the plumbing, heating,
ventilating and waterproofing of rooms in which showers, water or steam baths are used.
(b) Linens. All Massage Establishments shall provide clean, laundered sheets, towels,
and other linens in sufficient quantity for use by their clients. Such linens shall be laundered
after each use and stored in a sanitary manner. No common use of linens or towels shall be
permitted. Heavy white paper may be substituted for sheets on massage tables, so long as such
paper is used only once for each client and is then discarded into a sanitary receptacle. Sanitary
receptacles shall be provided for the storage of all soiled linens.
(c) Privacy standards for massage rooms, dressing rooms and rest rooms. The Massage
Establishment shall provide doors on all of its dressing rooms and massage rooms. Non-
Page 12 of 19
transparent draw drapes, curtain enclosures or accordion-pleated enclosures are acceptable in lieu
of doors for dressing and massage rooms.
(d) No residential use. No part of the Massage Establishment shall be used for
residential or sleeping purposes. No cooking or food preparation will be allowed on the premises
unless it is within an employee only designated kitchen area.
Sec. 14.110.060. Prohibited Acts.
(a) Touching of sexual and genital parts of client during massage. No Massage
therapist, or any other employee of a Massage Establishment shall place either his/her hand or
hands upon, or touch with any part of his/her body, a sexual or genital part of any other person in
the course of a massage, or massage a sexual or genital part of any other person.
Sexual and genital parts shall include the genitals, pubic area, anus or perineum of any
person or the vulva or breast of a female. In the case of breast massage, female clients shall sign
a written consent form, provided by the establishment and/or practitioner prior to providing
breast massage.
(b) Uncovering and exposure of sexual and genital parts before, during or after
massage. No Massage Therapist, or other employee of a Massage Establishment shall uncover
and expose the sexual or genital parts, as defined in subsection (a), above, of a client or
themselves in the course of giving a massage, or before or after a massage. This subsection does
not prohibit a client from turning over in the course of a massage, so long as the Massage
Therapist holds a towel, sheet, blanket or other drape over the client to protect his/her genital and
sexual parts from exposure.
(c) Violation of provisions of this section may be charged separately as a felony as
permitted by state law. .
Sec. 14.110.065. Out-Call Massage Services.
Any massage therapist who has complied with all applicable provisions of this Article Xl
may provide out-call massage services to clients within the Town of Los Gatos. Such Massage
Therapist shall maintain their permits upon their persons; or within their immediate reach, at all
times while performing massage in the Town and shall display these upon the request of any
client, police officer or code compliance officer.
Sec. 14.110.070. Transfer of Massage Therapist Permit.
No Massage Therapist permit issued pursuant to this Article XI shall be transferred,
altered in name, or assigned in any manner, whether by operation of law or otherwise, from
location to location or from person to person, except that any person possessing a valid Massage
Therapist permit shall be able to move from one employer to another without filing a new
application or paying a new fee, so long as the permit holder notifies the police chief of the
change in his/her employment within five (5) business days of their move date to the new
location.
Page 13 of 19
Sec. 14.110,075. Expiration and Renewal of Massage Thcra ist Permit• Pa ent of Renewal
Fee.
(a) All Massage Therapist permits shall expire annually on the date of their issuance,
unless revoked sooner by the Police Chief
Applications for renewal of a permit must be submitted to the Police Chief by no later
than sixty (60) calendar days before the expiration of such permit on a form provided by the
police department, which shall require the applicant for renewal to update the information
contained in his/her original application. The applicant must pay the Town a non-refundable
renewal fee, in the amount established by resolution of the Town Council, at the time of filing
his/her application for renewal.
After investigating the application for renewal, the Police Chief may renew the permit if
the applicant continues to meet the standards for the issuance of a permit, and none of the
grounds for denial of a permit set forth in section 14.110.040 (b) exist. The Police Chief shall
give the applicant for renewal written notice of his/her decision within sixty (60) calendar days
of the submission of the application for renewal to the police department by personal service of
the decision to the applicant at his/her most recent home or business address on file with the
police department or deposit of the decision in the United States mail by certified mail. If the
application is denied, the notice shall state the specific grounds for the denial and that the
applicant may appeal to the Town Manager through the procedures set forth in section
14.110.040 (7) (d).
(b) If the holder of a Massage Therapist permit does not file a timely application for
renewal sixty (60) calendar days before expiration of the permit), he/she shall be required to file
an application for a new permit pursuant to section 14.110.025 and to pay the applicable fees.
Sec. 14.110.080 Suspension and Revocation of Massa a Therapist Permit.
(a) Grounds for suspension or revocation of Massage Therapist permit. The Police
Chief may suspend for a period of up to nine (9) months or revoke a Massage Therapist permit,
according to procedures set forth in subsection (c) below, if there is probable cause to believe
that:
(1) The permit holder has operated or managed the Massage Establishment in a
manner which violates any provision of this Article XI, or other applicable Town
Code provisions, state or federal law;
(2) . The permit holder has committed any offense involving lewdness, indecent
exposure, prostitution, human trafficking or any other offense which would be
grounds for denial pursuant to section 14.110.040 or employees of the Massage
Establishment have committed such offenses in the course of their employment
and the permit holder has permitted them to do so or has failed to prevent them
from doing so;
Page 14 of 19
(3) Has made a false or misleading statement or omission of fact on his/her
application for a permit, or for renewal of the permit, or in any supplementary
materials submitted with the application; or
(4) Is operating or managing the Massage Establishment in a manner which
poses a danger to the health and safety of clients and/or the public, or without due
regard for proper sanitation or hygiene.
(b) Grounds for revocation or suspension of Massage Therapist permit. The Police
Chief may suspend for a period of up to nine (9) months or revoke a Massage Therapist permit
according to the procedures set forth in subsection
(c) Below, if there is probable cause to believe that:
(1) The Massage Therapist has violated any provision of this
Article XI, or other applicable provisions of the Town Code;
(2) The Massage Therapist has committed any violation of law
related to lewdness, indecent exposure, prostitution, human
trafficking or any offense which would be grounds for denial of an
application for a Massage Therapist permit pursuant to section
14.110.040;
(3) The Massage Therapist has made a false or misleading
statement or omission of fact on his/her application for a permit or
for renewal of a permit or in any supplementary materials
submitted with such applications; or
(4) The Massage Therapist has practiced massage in a manner
which poses a danger to the health and safety of clients or the
public, or without due regard for proper sanitation or hygiene.
(d) Procedure for revocation or suspension of Massage Therapist permit:
(1) Notice to holder of pen-nit. Whenever the Police Chief has
probable cause to believe that grounds for the suspension or
revocation of a Massage Therapist permit exist, he/she shall give
the holder of the permit written notice of the date, time and place
of a hearing to be held before the Police Chief on whether the.
permit should be suspended or revoked. The notice shall state the
alleged grounds for the proposed revocation or suspension of the
permit, and the notice shall be served on the holder of the permit
personally at the most recent home or business address on file with
the police department or by deposit of the notice in the United
States mail by certified mail. Said notice shall also state that if no
Page 15 of 19
written request for a hearing is timely received, the applicant shall
be deemed to waive its rights to a hearing.
(2) Hearing before Police Chief. The hearing on the revocation or
suspension of the permit shall be held before the Police Chief or
his/her designee no less than ten (10) calendar days after the
personal service of the notice to the holder of the permit at the
most recent home or business address on file with the police
department, or no less than ten (10) calendar days after deposit of
the notice, addressed to the holder of the permit or certificate, in
the United States mail by certified mail. At the hearing, the holder
of the permit and a representative of the Town shall have the right
to appear and to be represented by counsel, and to present evidence
and arguments which are relevant`to a determination of whether
grounds for suspension or revocation of the permit or certificate
exist.
(3) Decision of Police Chief. Within ten (10) calendar days after
the hearing, the Police Chief shall issue a written decision which
states whether the permit is suspended or revoked, the length of
any suspension, and the factual basis for the decision, and that the
holder of the permit may appeal any suspension or revocation to
the Town Manager through the procedures set forth in paragraph
(4), below. The decision of the Police Chief shall be served on the
holder of the permit by personal service at the most recent home or
business address on file with the police department or deposit of
the notice, addressed to the holder of the permit, in the United
States mail by certified mail. Said notice shall also state that if no
written request for an appeal hearing is timely received, the
applicant shall be deemed to waive its rights to an appeal hearing.
(4) Request for appeal hearing before the Town Manager. The
holder of the permit may appeal the decision of the Police Chief by
filing a written request for an appeal hearing, which states the
specific grounds on which the decision of the police chief is
contested, with the Town Manager's office within ten (10)
calendar days of the personal service to the holder of the permit of
the Police Chiefs decision at the most recent home or business
address on file with the police department, or within ten (10)
calendar days of service of the decision by deposit of the notice,
addressed to the holder of the permit, in the United States mail by
certified mail.
(5) Appeal hearing before the Town Manager. Upon receipt of a
timely request for an appeal hearing, the Town Manager's office
shall notify the permit holder in writing of the date, time and place
Page l6of19
of the hearing before the Town Manager or designee which shall
not be less than ten (10) calendar days after service of such written
notice on the permit holder by personal service at the most recent
home or business address on file with the police department, or ten
(10) calendar days after service of the notice by deposit of the
notice, addressed to the holder of the perinit or certificate, in the
United States mail by certified mail.
At the hearing, both the holder of the permit and the Police Chief
shall have the right to appear and be represented by counsel and to
present evidence and arguments which are relevant to the grounds
for the appeal, as stated in the request for an appeal hearing.
Within ten (10) calendar days of the hearing, the Town Manager or
designee shall issue a written decision that states whether the
decision of the Police Chief is upheld, modified or reversed, and
the length of any suspension. The decision shall be served on the
holder of the permit by in-person delivery or by certified mail.
The decision of the Town Manager or designee shall be final.
(6) Effective date of revocation or suspension. Any suspension
or revocation of a permit shall become effective immediately upon
the personal service of the written decision of the Police Chief, or,
in the event of an appeal, the Town Manager or designee, to the
holder of the permit at the most recent home or business address on
file with the city, or within five (5) calendar days of the deposit of
such decision addressed to the holder of the permit into the United
States mail by certified mail.
(7) Surrender of suspended or revoked Massage Therapist permit
to Police Chief. Upon a written decision by the Police Chief, or in
the event of an appeal, by the Town Manager or designee, which
suspends or revokes a Massage Therapist permit, the permit shall
inimcdiately be surrendered to the Police Chief. In the case of a
suspension, the Police Chief shall return the permit after the period
of suspension has ended.
14.110.085. Criminal Penalties.
Except as specified in section 14.110.060, a violation of any provision of this Article is a
misdemeanor and may be prosecuted by the Town in the name of the people of the State of
California. The maximum fine or penalty for any violation of this Article XI shall be one
thousand dollars ($1000.00), or a term of imprisonment in the county jail for a period not
exceeding six (6) months.
Page 17 of 19
Except as otherwise provided, every such person shall be guilty of a separate offense for
each and every day during any portion of which any violation is committed, continued or
permitted by such person, and shall be punishable accordingly.
Sec 14.110.090 Inspection by officials.
Any sworn investigating official of the Police Department, Town of Los Gatos Code
Compliance Officer, Town Attorney or County Fire Department officials charged with
investigating and enforcing compliance with this Article XI, shall have the right to enter the
Massage Establishment from time to time during regular business hours for the purpose of
making reasonable inspections to observe and enforce compliance with applicable regulations,
laws, codes and the provisions of this Article XI.
Sec. 14.110.095 Massage Establishment Operated in Violation of this Article XI Deemed a
Public Nuisance.
Any Massage Establishment which is opened, operated or maintained contrary to the
provisions of this Article X1 shall be deemed a public nuisance. In addition to, or in lieu of any
other available legal remedies, the Town Attorney or District Attorney of Santa Clara County
may commence a civil legal action or actions in a court of competent jurisdiction to abate such
nuisance and to enjoin the continued operation and maintenance of the Massage Establishment in
a manner prohibited by this Article XI.
Sec. 14.110.100 Application of this Article XI to Pre-existing Massage Establishments and
Persons Holding Valid Massage Therapist Business Licenses Before Effective Date of This
ChM ter/One-Year Time Period for Holders of Pre-existing Business Licenses to Meet New
Educational Requirements.
(a) Except as otherwise provided herein, the provisions of this chapter shall become
applicable to Massage Establishments which lawfully existed in the Town prior to the effective
date of this chapter, and to persons who held valid Massage Therapist business license issued by
the Town prior to the effective date of this chapter, upon the expiration of such preexisting
Massage Establishment business license and/or Massage Therapist business license and/or
pursuant to section 14.110.075. In order to renew such preexisting Massage Establishment
business license, the holder of the business license must file an application for a new permit
pursuant to section 14.110.025, pay all applicable fees and must demonstrate, to the satisfaction
of the Police Chief, that he/she meets all requirements of this chapter, except that holders of
preexisting Massage Establishment business license shall have a period of eighteen (18) months
from the effective date of this chapter to meet the new educational requirements set forth in
sections 14.110.025 and 14.110.30, respectively.
SECTION 11
In the event that any part of this ordinance is held to be invalid, the invalid part or parts
shall be severed from the remaining portions which shall remain in full force and effect.
Page 18of19
SECTION III
This ordinance was introduced at a regular ineeting of the Town Council of the Town of
Los Gatos on , 20 and adopted by the following vote as an ordinance of the
Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on
, 20. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES :
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:VV1GR\AdminWorkFi1es12009 Council Repottsl9-21-09 Massage Ordinance.doe
Page 19 of 19