For the purpose of this chapter, certain words and phrases shall be construed herein as set forth in this section, unless it is apparent that a different meaning is intended:

"Employee" means any person working for the operator of a massage parlor or outcall massage service;

"Massage" means and includes the method of treating the superficial parts of the human body for medical or hygienic purposes by rubbing, pounding, tapping, pressing, stroking, kneading, vibrating or stimulating with hands or any instrument;

"Massage parlor" includes any premises where massage is given either as a primary or secondary function;

"Masseur" means any person, male or female, who administers to another person a massage; but it does not apply to cosmetologists, barbers or to persons licensed to practice any healing art under the provisions of Division 2 (commencing with Section 500) of the Business and Professions Code when engaged in such practice within the scope of his or her license;

"Operate" and "operator" refer to operating, conducting, maintaining or allowing a massage parlor or outcall massage service, or employing a masseur to serve others;

"Outcall massage service" means a massage given other than in the massage parlor;

"Client" includes a customer or prospective client of a massage parlor;

"Permit" means a permit required and issued pursuant to the provisions of this chapter.

(Ord. 910 C.S. § 1 (part), 1979: Ord. 528 C.S. § 1 (part), 1975; prior code § 3525.)

5.58.020 - Permit—Required.

It is unlawful for any person to conduct, or allow the conduct of such business in any premises, or an outcall massage service, within the City, as owner, operator, employee or otherwise, without first obtaining a permit therefor, in the manner hereinafter set forth, notwithstanding the provisions contained in these sections, the owner/operator shall, unless exempt therefrom, procure a business license pursuant to Title 5 of this Code. An employee or otherwise shall make application for a permit in the same manner as required of the owner/operator.

(Ord. 528 C.S. § 1 (part), 1975: prior code § 3525.1.)

5.58.030 - Permit—Application—Contents.

An applicant for a permit shall submit his application under oath to the Chief of Police. The application shall include:

The true name, address of each and every person financially interested or employed in the business including each and every person's residence address and telephone number;

Name and address of the massage parlor or the outcall massage service;

The names and addresses of any and all previous massage establishments where the applicant has either owned or been employed;

The criminal record, if any, of the applicant;

Whether any license or permit to engage in the practice of massage as a masseur or otherwise has previously been denied the applicant or revoked from him and, if so, the circumstances of such denial or revocation;

The furnishing of recent photographs together with a complete set of fingerprints of the applicant and of all persons financially interested in the business. Fingerprints are to be taken by the Chief of Police or his agent;

Applicant's birth certificate or true copy thereof;

Applicant's residence for the five years preceding date of application;

A certificate from a medical doctor stating that the applicant has, within 30 days immediately prior to filing his application herein, been examined and found to be free from any contagious and communicable disease;

Applicant must furnish a diploma or certificate of graduation from a recognized school wherein the method, profession and work of massage techniques is taught. The term "recognized" means any school or institution of learning has been approved pursuant to Section 29007.5 of the Education Code of the State, and which has for its purpose the teaching of the theory, ethics and practice, methods, profession or work of massage technicians, and which school or institution of learning requires a resident massage technician be furnished with a diploma or certificate of graduation from such school or institution of learning showing successful completion of such course of study already approved by the California State Department of Education. Schools offering correspondence courses not requiring actual attendance at class, or courses of a massage technician not approved by the California State Department of Education shall not be deemed "recognized schools."

Notwithstanding the provisions of this subsection, any applicant who has been gainfully employed in the City as a masseur on the effective date of this chapter shall be excused from complying with the requirements of this subsection;

owner/operator shall furnish a statement of the nature and character of the business;

Owner/operator shall submit an application fee of $50.00 payable to the City. The fee of $50.00 shall be payable annually on a calendar year basis and submitted with each subsequent permit renewal.

(Ord. 910 C.S. § 1 (part), 1979: Ord. 832 C.S. § 1, 1976; Ord. 831 C.S. § 1 (part), 1975; prior code § 3525.2.)

5.58.040 - Permit—Application—Investigation.

The Chief of Police, upon receipt of a written application for a permit, shall conduct an investigation to determine whether the permit should be issued in accordance with the provisions of this chapter as hereinafter set forth. Permits shall be issued on a calendar year basis. The Chief of Police shall consider any relevant factual material relative to such application. The Chief of Police shall issue an annual massage parlor or outcall massage service permit required by this chapter only if he finds that:

A written application form therefor has been filed;

The required filing fee therefor has been paid; and

As a result of his investigation that all applicable provisions of this chapter, with regard to such permit application have, or will be, met.

(Ord. 831 C.S. § 1 (part), 1975: prior code § 3525.3.)

5.58.050 - Permit—Issuance.

The Chief of Police shall issue a permit, based upon his investigation within 30 days after the application has been filed, if he finds that:

The operation, as proposed by the owner/operator, if permitted would comply with all applicable laws, including but not limited to the City's building, zoning and health regulations;

The applicant has not been convicted of a violation of 266i, 315, 316, 318 or subdivision (b) of Section 647 of the Penal Code or is required to register under the provisions of Section 290 Penal Code or of any felony offense involving the sale of a controlled substance specified in Section 11054, 11055, 11056, 11057 or 11058 of the Health and Safety Code;

The applicant has not knowingly and with intent to deceive made any false, misleading or fraudulent statement of facts in the permit application, or any other document required by the City in conjunction therewith.

(Ord. 910 C.S. § 1 (part), 1979: Ord. 831 C.S. § 1 (part), 1975; prior code § 3525.4(a).)

5.58.060 - Permit—Conditional.

Permits may be issued conditionally, in order to insure compliance with the provisions hereof.

(Ord. 831 C.S. § 1 (part), 1975: prior code § 3525.4(b).)

5.58.070 - Permit—Denial.

If the Chief of Police finds any of the facts, as set forth in Section 5.58.050 hereof, are present, he shall decline to issue the permit as requested and return the application form with his reasons for denial set forth in writing.

(Ord. 831 C.S. § 1 (part), 1975: prior code § 3525.4(c).)

5.58.080 - Unlawful to Practice Massage Without Permit.

It is unlawful for any person to practice massage as a principal, employee or otherwise, unless he has a valid masseur's permit issued to him by the City pursuant to the provisions of this Chapter.

(Ord. 831 C.S. § 1 (part), 1975: prior code § 3525.3(d).)

5.58.100 - Sanitation Requirements.

All premises used by permittees hereunder shall be periodically inspected by the City for safety of the structure and the propriety of plumbing, ventilation and heating. One artificial white light of not less than 40 watts shall be provided in each room where a massage is being administered. The walls shall be clean and painted with washable mold resistant paint in all rooms where water or steam baths are given. Floors shall be free from any accumulation of dust, dirt or refuse. All equipment used in the massage operation shall be maintained in a clean and sanitary condition. Separate restrooms shall be provided for men and women;

Towels, sheets and linens of all types and items for personal use of operators and patients shall be clean and freshly laundered. Towels, cloths and sheets shall not be used for more than one person. Reuse of such linen is prohibited unless the same has first been laundered. Heavy white paper may be substituted for sheets provided that such paper is used once for every person and discarded;

Dressing and locker facilities shall be provided for patients. Lockers shall be separate for each patient and such lockers shall be capable of being locked for the protection of the clothing and valuables of the patient.

(Ord. 831 C.S. § l(part), 1975: prior code § 3525.6.)

5.58.110 - Inspection by Health Officer When—Permit Denial or Revocation for Health Violations.

The Chief of Police may call upon the City Health Officer from time to time to request assistance in conducting the City's investigation;

A masseur permit holder shall each 60 days after the issuance of a permit, furnish the Chief of Police with a certificate from a medical doctor certifying that the permittee was examined for contagious and communicable disease and the doctor's findings;

If the applicant for either a massage parlor, outcall massage service or a masseur's permit has a communicable or venereal disease, or if the applicant is in violation of any federal, state or local health law or regulation, then the respective application may be denied, or if a permit has already been issued, it may be revoked or suspended pursuant to the procedures set forth in this Code.

(Ord. 910 C.S. § 1 (part), 1979: Ord. 831 C.S. § 1 (part), 1975; prior code § 3525.7.)

5.58.120 - Permit Transfer.

No massage parlor or outcall massage service permit shall be transferable except with the written consent of the Chief of Police. An application for such a transfer shall be in writing and shall be accompanied by a filing and processing fee of $50.00. If the transfer is denied by the Chief of Police, the permittee or proposed transferee lay appeal such action to the City Council pursuant to procedures hereinafter enacted in this Chapter.

5.58.130 - Standards.

No massage parlor or outcall massage service shall perform a massage service prior to 8:00 A.M. and after 6:00 P.M. of any day;

No person under the age of 18 years shall be licensed to perform massages in a massage parlor or for a massage outcall service;

No foods or beverages shall be sold, furnished or available for consumption in any massage parlor;

No non-massage business shall be allowed on the premises that is licensed as a massage parlor.

(Ord. 910 C.S. § 1 (part), 1979: Ord. 831 C.S. § 1 (part), 1975; prior code § 3525.9.)

5.58.140 - Immoral Practices Prohibited.

It is unlawful for any person to massage a patient with the intent or purpose of arousing, appealing to or gratifying the sexual desires of the patient, or prospective client to request, solicit or encourage such immoral practice;

No masseur shall, while massaging a client or while in a room where massage is conducted, expose genitalia including breasts.

(Ord. 910 C.S. § 1 (part), 1979: Ord. 831 C.S. § 1 (part), 1975; prior code § 3526.)

5.58.150 - Permit Display.

The owner or operator shall display the massage parlor permit and the permit of each and every masseur employed in the establishment in an open and conspicuous place on the premises of the massage business.

(Ord. 831 C.S. § 1 (part), 1975: prior code § 3526.1.)

5.58.170 - Identification Required.

Every person practicing massages under this chapter in any massage parlor shall post his permit in a conspicuous place in the room where massages are conducted;

Any masseur performing an outcall massage service shall wear a badge on his person which shall contain his name and a recent photograph of him. The badge shall be readily identifiable by the client.

(Ord. 910 C.S. § 1 (part), 1979: Ord. 831 C.S. § 1 (part), 1975; prior code § 3527.1.)

5.58.180 - Notification of Ownership, Employee or Address Change.

Every massage business owner or operator shall report immediately to the Chief of Police any and all changes of address or ownership of the massage establishment, and any changes or transfers of masseurs employed in the business or practice.

(Ord. 831 C.S. § 1 (part), 1975: prior code § 3527.2.)

5.58.190 - Permit—Denial—Hearing.

If a permit for a massage parlor, outcall massage service or a masseur is denied, an applicant may, within seven days after such action is taken, request a hearing before the Chief of Police at which time evidence will be received for the purpose of determining whether the action of the Chief of Police in denying the issuance of an annual permit should be reversed. The Chief of Police shall render his decision within seven days after the hearing has been concluded.

(Ord. 831 C.S. § 1 (part), 1975: prior code § 3527.3.)

5.58.200 - Permit—Denial—Appeal.

If the Chief of Police does not reverse his action in denying the permit under Sections 5.58.040 or 5.58.050 through 5.55.080, the applicant may within seven days after the rendition of the decision by the Chief of Police appeal such action to the City Council.

(Ord. 831 C.S. § 1 (part), 1975: prior code § 3527.4.)

5.58.210 - Permit—Revocation or Suspension—Grounds.

Any massage parlor or masseur's permit issued under this chapter shall be subject to suspension or revocation for violation of any provision of this Chapter, or for any grounds that would warrant the denial of the issuance of such permit in the first place.

(Ord. 831 C.S. § 1 (part), 1975: prior code § 3527.5.)

5.58.220 - Permit—Revocation or Suspension—Hearing.

Prior to the suspension or revocation of any permit issued under this Chapter, the permittee shall be entitled to a hearing before the Chief of Police, at which time evidence will be received for the purpose of determining whether or not such permit shall be suspended or revoked, or whether the permit may be retained. The Chief of Police shall render his decision within seven days after the hearing has been concluded.

(Ord. 831 C.S. § 1 (part), 1975: prior code § 3527.6.)

5.58.230 - Permit—Revocation or Suspension—Appeal.

Within seven days after any action has been taken by the Chief of Police pursuant to Section 5.58.210, the permittee, or interested persons, may appeal such action to the City Council.

(Ord. 831 C.S. § 1 (part), 1975: prior code § 3527.7.)

5.58.240 - Masseur's Permit—Fee—Nontransferability.

The permit fee for masseurs shall be $10.00 annually with a new application to be submitted each year. Masseur permits are not transferable.

(Ord. 910 C.S. § 1 (part), 1979: Ord, 831 C.S. § 1 (part), 1975; prior code § 3527.8)

5.58.250 - Exemptions.

The provisions of this chapter shall not apply to physiotherapy establishments nor to any practice of business which would be covered by the licensing provisions of the state where a city has been preempted from regulating such business.

City of Martinez Regulations

CHAPTER 5.58 - MASSAGE PARLORS AND MASSEURS

You need to be a member of The CMT-LBW Coalition Of California to add comments!