HomeMy WebLinkAboutStaff Report 4.D 12/3/2012 Age t,Itlww#4.D
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DATE: December 3, 2012
TO: Honorable Mayor and Members of the City Council through City Manager th
FROM: Patrick Williams, Police Chief ! ki")
SUBJECT: Introduction (First Reading) of an Ordinance Adding-Chapter 8.38, "Massage
Establislunents and Massage Workers", to the City of Petaluma Municipal Code
RECOMMENDATION
It is recommended that the City Council introduce an Ordinance Adding.Chapter 8.38, "Massage
Establishments and Massage Workers"to the City of Petaluma Municipal Code.
BACKGROUND
The Petaluma Police Department has received ongoing:complaints,-from neighbors, of
prostitution activity in businesses operating as a'massage therapyor,spa type businesses. The
local media also brought to the attention of law enforcement the;online reviews and costs of
illicit services being performed. As a consequence, the Police Department conducted a sting
operation which resulted in two arrests for prostitution and operating house of ill repute.
The zoning aspects of massage establishments as adult businesses is dealt with in Chapter 10 of
the Implementing Zoning Ordinance, but there is currently no regulatory ordinance governing
massage operations. This action, requesting introduction of an ordinance that will establish
licensing regulations for massage establishments and workers, is the first of actions that will
come before the City Council. The second action, anticipated to be presented for Council
consideration in early 2013, will deal with zoning regulations with respect to such businesses.
Those changes are being presented for Planning,Commission consideration in December. The
Petaluma Downtown Association raised these concerns at last year's Council goal setting and
indicated they wanted to restrict expansion of massage establishments in the downtown area.
The changes to the zoning code that will be considered by the Planning'.Commission this month
responds to that set of concerns.
DISCUSSION
The Petaluma Police Department has periodically investigated; and found valid,complaints of a
few massage parlors violating prostitution laws, as well as businesses being operated as fronts
for prostitution. To combat this issue, the Police Department recommends that the Council adopt
an ordinance that will establish licensing regulations fortmassageestablishments and workers.
Agenda Revie,
City Attorne Finance Director City Manager
Research of other municipalities indicates their:ordinances follow'guidelines:"set forth in the
Business and Professions Code Section 4600 which establishes structured'guidelines for massage
workers. These guidelines focus on the public interest, safety and welfare by establishing
minimum building standards, including sanitation and health standards, best business practices,
and minimum qualifications for massage workers.
The proposed ordinance requires all massage therapists;to be either certified by the California
Massage Therapy Council (CAMTC) or the City of Petaluma. The ordinance also establishes that
the business owner is responsible for the conduct of their employees at all dimes. Additionally,
the proposed ordinance provides the City of Petaluma with inspection rights.to ensure
compliance with the provisions of the ordinance. As well, provisions in the ordinance include
guidelines for operations such as a list of services and the costs for the services, prohibiting
consumption of alcohol or drugs on the premises, and setting hours of operation between 9 AM
and 9 PM. Additionally, there is a provision for "Outcall Massage Endorsement" allowing
outcall as long as the massage worker providing the outcall service is a certified massage
practitioner or certified massage therapist.
Violations of the ordinance can be enforced in any combination as permitted by Title One of the
City of Petaluma Municipal Code (Code Enforcement) including: 1) Administrative Citations
($100 for first violation, $500 for second violation, $1000 for third,and each,subsequent
violation); 2) issuance of a notice of violation in lieu of issuing an administrative citation (up to
$1,000 per day, per violation); 3) issuance of a misdemeanor violation (fine in the amount not to
exceed $1000 and/or imprisonment for a period not to exceed 6 months);and any other
enforcement and legal remedies available to the City under the law including recovery of
attorneys' fees.
The Police Department met with the Petaluma Downtown Association (PDA)and discussed the
proposal and any concerns relative to this proposed ordinance. The PDA was concerned about
the regulation stifling business, but acknowledged that prostitution activity could be worse from
a public relations perspective. It was emphasized that the goal of the.ordinance was to support
business and prevent illicit activity from operating out df businesses.that appear legitimate.
Additional outreach was conducted with the Director of Governmental Affairs for the CAMTC.
Minor changes in the ordinance were made in response to their suggestions and concerns, and
related to clarification that most provisions of the ordinance do not apply to CAMTC certified
massage workers.
If the ordinance is approved, the Police Department will conduct education and outreach with the
affected businesses and the Chamber of Commerce to facilitate a smooth implementation.
This permitting and enforcement program will reduce a'negative image of these businesses for
some in the community, as well as discourage the illicit"acts associated with prostitution and
human trafficking. Investigations of this nature are complex and time-consuming. Currently,
enforcement has come as a secondary duty after routine calls for services,are handled. This
ordinance will reduce the number of complaints, discourage the prostitution and allow the Police
a
Department to focus on other quality of life issues in our community Staff recommends that the
City Council introduce the attached ordinance which would update the City's;Municipal Code.
The implementation of this ordinance will begin to meet a 2012-2013 Council goal under the
Healthy Development, Sustainability, and Economic Development Category. Specifically, the
priority that is structured to complete components of a zoning:code update that fill in current
gaps, correct unanticipated consequences, or bring cuirent.provisions that are out-of-date. This
priority is further clarified as "revise zoning regulations in the downtown to limit smoke shops
and head shops, massage and tattoo parlors, full service bars, and pawn shops and check cashing
establishments". As previously indicated, additional legislation will be presented for Council
consideration in early 2013, and will address the zoning elements of the City Council's goal.
FINANCIAL IMPACTS
The Records Unit in the Police Department wilhbe responsible for administering the permitting
process. It is expected that the financial impact for implementation and administration of this
program will be revenue neutral. Costs to operate the program will be offset by a permit fee
which is likely to be $80, the same as the current fee amount for taxi and solicitor permits. The
staff time and cost recovery for this program is hot expected to exceed the staff time identified in
the existing fee structure.
The Police Department and the Neighborhood Preservation Coordinator can complete
inspections as part of their daily assignments and administrative citations for non-compliance
will generate revenue to help cover the costs for.inspection and enforcement.
ATTACHMENTS
1. Draft Ordinance
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Q*a ctimen
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA
ADDING CHAPTER 8.38, "MASSAGE ESTABLISHMENTS AND MASSAGE
WORKERS" TO THE CITY OF PETALUMA MUNICIPAL CODE
WHEREAS, this chapter is intended to provide for the orderly regulation of persons and
establishments engaged in massage therapy, while recognizing the practice of massage therapy
as a valid professional field; and
WHEREAS, in September 2008, the State of California adopted Senate Bill 731 (SB
731) codified in Business and Professions Code §§ 4600 el seq., creating a voluntary certification
program for massage workers who meet certain educational requirements; and
WHEREAS, the California Massage Therapy Council ("CAMTC") began issuing
certificates on September 1, 2009; and
WHEREAS, qualified applicants that receive a certificate from the CAMTC and
massage establishment applicants that employ only massage workers who have received
certificates from the CAMTC are entitled to practice massage therapy throughout the State
without having to comply with local government regulation not applicable to other types of
licensed professional services practitioners; and
WHEREAS, certain massage workers and massage establishments within the City of
Petaluma have not obtained certification from the CAMTC; and
WHEREAS, by enacting Chapter 8.38, the City,Council does not intend to regulate any
area preempted by state law, including but not limited to, Chapter 10.5 (commencing with
Section 4600 ) of Division 2 of the California Business and Professions Code.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
PETALUMA AS FOLLOWS:
Section 1 Chapter 8.38, "Massage Establishments and Massage Workers" is hereby added to the
Petaluma Municipal Code, to read in full as follows:
Chapter 8.38 MASSAGE ESTABLISHMENTS AND MASSAGE WORKERS
8.38.010 Purpose and intent.
It is the purpose and intent of the city council that the operation of massage establishments and
massage workers as defined in this chapter should be regulated so as to further,the public
interest, safety, and welfare by establishing minimum building, sanitation, and health standards
for massage establishments and minimum qualifications for massage workers.
8.38.020 Definitions.
For the purpose of this chapter, the following words and phrases shall mean or include:
A. "Approved school" means an approved school as defined in Business and Professions Code
section 4600(a).
B. "California Massage Therapy Council" or"CAMTC" means the non-profit organization
created pursuant to Chapter 10.5 of the Business and Professions Code and/or any subsequent
amendment or superseding statute,.and/or any successor organization.
C. "Certificate" or "CAMTC certificate" means a certificate, or conditional certificate, issued by
the CAMTC to Massage Therapists, pursuant to California Business and Professions Code
Section 4601(c), and/or to Massage Practitioners pursuant to subdivision 4601(6), or 4604(a),
or 4604(c), and/or certificates issued pursuant to Chapter 10.5 of the Business and
Professions Code. When used in this chapter, "CAMTC certification" means a person who
has a valid CAMTC certificate.
D. "Certified massage establishment" means a massage establishment that employs or uses only
massage workers with CAMTC certification to perform massage services. Unless otherwise
stated, "certified massage establishment" includes certified sole proprietorships.
13. "Certified sole proprietorship" means a sole proprietorship where the owner has received
CAMTC certification and is the only provider of massage services for that business.
F. "Fee" means the fee required by this chapter to be paid upon application in connection with
issuance of a permit.
G. "Permit administrator" means the police chief of the city, his/her designee, or any other
person designated by the city manager to issue permits and enforce the regulations adopted
by this chapter.
H. "Health officer" means the health officer of Sonoma County or his/her authorized
representative.
1. "Massage" means the method of treating the superficial parts of the body, excluding
specified anatomical areas, for medical or hygienic purposes by rubbing, pressing, stroking,
kneading, tapping, pounding, vibrating, or stimulating with the hands or other parts of the
body, with or without the aid of any mechanical or electrical apparatus or appliance
commonly used in the practice of massage, and with or without supplementary aids such as
rubbing alcohol, oils, powders, creams, lotions, ointment, or other similar preparations
commonly used in the practice of massage. Massage includes such manipulation of the body
or similar procedures described in this paragraph that are performed in hydrotherapy, spa or
similar bath facilities.
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J. "Massage establishment" means a business conductedby any individual, firm, association,
partnership, corporation or combination of individuals which provideslor offers massage in
exchange for money or other consideration.
K. "Massage establishment permit" means the permit to operate a massage establishment issued
pursuant to this chapter.
L. "Massage worker" means any person who administers massage to another person, for any
form of consideration or pecuniary compensation.
M. "Massage worker permit" means a permit issued by the cityauthorizing a person to engage in
the business of massage within the city.
N. "Outcall massage" means a massage performed notat a fixed location, but ata location that
is determined by the client or customer.
O. "Renewal fee" means the fee required for renewal of a permit issued pursuant to this chapter.
P. "Specified anatomical area" means human genitals, pubic region, buttocks, antis or a female
breast below a point immediately above the areola.
Q. "Specified sexual activities" means any of the following:
I. Fondling or other erotic touching of a specified anatomical area.
2. Sex acts, actual or simulated including but not limited to intercourse, oral copulation,.
masturbation or sodomy.
3. Excretory functions as part of or in connection with the-activitiesspecified in this section.
8.38.030 Exemptions.
The provisions of this chapter shall not apply to the establishments and individuals.listed below
while engaged in the performance of the duties of their respective licensed or certificated
professions:
A. Physicians, surgeons, chiropractors, osteopaths, nurses or physical therapists who-ate duly
licensed to practice their respective professions in the state.
B. Hospitals, nursing homes, sanitariums, or person holding an unrevoked certificate to practice
in the healing arts under the laws of the State of California, or persons working under the
direction of any such persons or in any such establishments.
C. Barbers, cosmetologists, and manicurists who are duly licensed under the laws of-the state,
except that this exemption shall apply solely to the massaging pf the.neck, face, scalp„hair,
hands or feet of the customer or client.
D. Teachers or students enrolled in a school, as defined in the Implementing Zoning Ordinance,
and participating in the teaching and/or administration of massage by authorized school
employees in conjunction with athletic programs; training:=in=the healing arts"or other school
courses.
E. Holders of CAMTC certificates as massage practitioners Ot-massage therapists, provided they
comply with sections 8.28.040, 8.38.050.B; 838.060.C, 8.38:140 and 8.38.170.
F. Certified massage establishments and certified sole pioprietor"ships.provided they comply
with sections 8.38.040, 8.38.060.B, 8.38.060.C, 8.38:100, 8.38.140, 8:38.150, 8.38.160 and
8.38.170.
8.38.040 Massage workers and massage establishments currently operating in the city on
the effective date of this chapter.
Within thirty (30) days of the effective date of this chapter,any massage worker or massage
establishment in operation in the city that possesses a current'city business license for massage
services and that is subject to the requirements of this chapter,,shall appl'yfor the permit(s)
required by this chapter or provide to the permit.administratorcopiw of valid CAMTC
certificates as required by this chapter. Massage workers and massage:establishments that are
subject to the requirements of this chapter, and that have a current city business license and that
have submitted a complete permit application in accordance'with this chapter may continue
operation for no more than ninety (90) days following the effective date of this chapter, while the
permit application is processed. All massage workers and rnassage:establishments that are
subject to the requirements of this chapter, and that are in operation in the;cityninety-one (91)
days or more after the effective date of this chapter must have,a current city business license,;and
must have provided valid CAMTC certificates or been issued a permit in accordance with this
chapter, or be subject to penalties specified in this chapter and other applicable-laws. Massage
workers and establishments cannot lawfully operate in the city and are ineligibletfor issuance of
a permit pursuant to this chapter unless they possess a:'current city business license.
8.38.050 Massage worker-- permit required; application.
A. It shall be unlawful for any person subject to the requirements of this chapter to provide
massage services or practice massage within the city unless theyhave'a valid, unexpired and
unrevoked massage worker permit issued by the permit administrator or a valid, unexpired
and unrevoked CAMTC certificate.
B. Every massage worker shall also obtain a business license from the city pursuant to Chapter
6.01 of this code.
C. The application for a massage worker permit shalfbe.upon a form provided by the permit
administrator and shall set forth and include the following:
1. The applicant's full name, all other names the applicant uses or has used, residential
address; and residence telephone number;
2. The name and address of the massage establishment where the applicant-is to be
employed and the name of the owner of same;
3. The names and addresses of any and all previous establishments where applicant has
been employed as a massage worker;
4. A portrait photograph at least two inches by two inches, together with a complete set of
the applicant's fingerprints which shall be taken by the Police Chief or his/her agent;
5. Written proof that applicant is over the age of eighteen years;
6. A certificate from a physician licensed to practice in the United States stating that the
applicant, within thirty (30) days immediately prior to filing the application has been
examined and found to be free from any contagious and/or communicable disease
capable of being transmitted through the performance of massage;
7. Either:
a. A diplopia or certificate of graduation from an approved school showing satisfactory
completion of two hundred hours or more of non-repetitive curriculum, or
b. A diploma or certificate of graduation from an approved school showing satisfactory
completion of one hundred hours or more anon-repetitive curriculum and a
transcript or transcripts from a college or junior college or community college in the
State of California, or a college or junior college or community college from which
the courses listed would be acceptable for transfer credit to any college in the
California State University System, Showing cofnpletionwithin the last ten years,
with a passing grade or better, of at least eight quarter'units or six semester units of
courses in health theory, health care, anatomy,physiology, psychology,
biomechanics, or kinesiology;
8. Except where the applicant is the owner or operator of the massage establishment named
in response to subsection (C) (2) of this section, a statement signed by the owner or
operator of the massage establishment named in response to subsection (C) (2) of this
section indicating his/her intent to employ the applicant as a massage Worker;
9. Each conviction, plea of guilty, or plea of nolo contendere for violations of the following
sections of the California Penal Code:
a. 3660) (pandering);
b. 315 (keeping or residing in a house of ill fame);
c. 316 (keeping a disorderly house or lets any premises knowing that it is to be used for
the purpose of assignation or prostitution);
d. 318 (prevailing on a person to visit a place of prostitution);
e. Subdivision (a) of Section 647 (lewd conduct);
f. Subdivision (b) of Section 647 (disorderly conduct by soliciting or engaging in
prostitution);
10. Each conviction, plea of guilty or plea of nolo contendere for felony offenses involving
the sale of controlled substance specified in Sections'11054, 11055, 11056, 11057, or
11058 of the California Health and Safety Code;
11. Any misdemeanor or felony offense which.relates directly to the'practice of massage;
12. Any felony, the commission of which occurred on the premises of a massage
establishment, or in the course of massage;
13. Each conviction, plea of guilty or plea of nolo contendere for an offense involving the
use of force and violence upon the person of another or of an offense involving the theft
of property;
14. Each conviction, plea of guilty or plea of nolo contendere for attempt or conspiracy to
commit any offenses listed in this section;
15. Each conviction, plea of guilty or plea of nolo con endere:for offenses committed in a
jurisdiction outside of the State of California which if committed within the State of
California would fall within one of the offenses listed in this section;
16. Whether the applicant is required to register under provisions of Section 290 of the
California Penal Code (registration as a sex offender);
17. Whether the applicant, or a former employer of the applicant while so employed, or a
building in which the applicant was so employed, was ever subjected to an abatement
proceeding under Sections 11225 through 11235 (Red Light Abatement Act) of the
California Penal Code, or any similar provisions of law:in a jurisdiction outside the State
of California; and
18. Whether any permit to engage in the practice of massage as a massage worker or
otherwise has previously been denied applicant or revoked, and, if so, the circumstances
of such denial or revocation.
D. Upon receipt of an application, the permit administrator shall refer the application to the
police department. The police department shall make an investigation and submit a written
recommendation to the permit administrator concerning compliance with the permit
requirements.
8.38.060 Massage establishment—permit required;.application.
A. It is unlawful for any owner or operator other than an owner or operator of a certified
massage establishment or a certified sole proprietorship, to engage in,"conduct or carry on, or
to permit to be engaged in, conducted or carried on, the operation of a'massage establishment
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as herein defined in or upon any premises Within the:city unless arnassage establishment
permit has been issued by the permit administrator and:romainsin effect m confdrinitywith
the provisions of this chapter and this code.
B. Every owner or operator of a massage establishment shall also obtain a business license
from the city pursuant to Chapter 6.01 of this code.
C. An applicant who intends to operate a certified massage establishment in the'city shall
provide to the permit administrator at the time of application for arcity business license,
copies of the CAMTC certificates for each person the certified,massage establishment will
use, employ or contract with as an independent contractor for purposes of performing
massage, and a copy of the applicant's current and unexpired CAMTC certificate, if
applicable. An applicant for a certified sole proprietorship in the city shall provide to the
permit administrator at the time of application for a city business license, a copy of his/her
current and unexpired CAMTC certificate.
D. The provisions in this chapter requiring background checksand investigation shall apply to
an owner and/or operator of a massage establishment who owns five (5)percent or more of a
massage establishment.
E. The application for a massage establishment permit shall be upon a;foim provided by the
permit administrator and shall set forth the exact-nature,of the°services to be provided,the
proposed place of business and facilities therefore, and°the name, including all names'used,
and the address of each applicant.
F. If the applicant is a corporation, the names and residence addresses of each of the officers
and directors of said corporation and of each stockholder o wning-more than five percentof
the stock of the corporation shall be set forth. If applicant is apartnership, the names and
residence addresses of each of the partners including liniifed partners-Shall be=set forth. The
information required by this section shall beprovided for all operators ofamassage
establishment and by all owners who own five percent or more of;a,massage,establishment.
G. In addition to the foregoing, applicants shall.furnish°the following information:
1. All previous residential addresses.(if any) for°theten years immediately prior to the
present address of applicant;
2. Written proof that the individual or partnership applicant is over the age of eighteen
years;
3. For sole proprietorships or partnerships; the height; weight; color of eyes'and hair, and
sex of each proprietor or partner;
4. Two portrait photographs at least two inches by inches;
5. Business, occupation, or employment of the applicant for thethree years immediately
preceding the date of the application;
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6. The massage or similar business history.of the applicant, including,`but'not limitedto,
whether or not such person, in previously operating in'thisor anothencity or"State under
permit, has had such permit revoked or suspended an'd"the reason therefore, and the,
business activity or occupation subsequent tosuch action'of suspension,or revocation;
7. The name and address of each massage worker Who is or will be employed in.said
establishment;
8. The name and address of the owner and,lessor of the real property upon which the
business is to be conducted and a copy of the lease-or rental:agreement;
9. The information required by subsections 8.38.050.C(9)through 8.38,050.C(18)above,for
all applicants subject to the background check and investigation=requirements in this
section; and
10. Such other identification and information necessary to discever-the truth of the Matters
required to be set forth in the application.
11. Nothing herein contained shall be construed to deny to the investigation official the right
to take the fingerprints and additional photographs of anyLapplicani.
H. Upon receipt of said application, the permit administrator shall refer the'application to the
building inspector, the fire chief, the police chief, and the community development or
planning director, each of whom shall review records or make an inspection'of the premises
proposed for use as a massage establishment and shall make a-writt'enarecommendation to the
permit administrator concerning compliance with the codes"that they administer.
8.38:070 Fee required.
All applications for a massage worker permit of a massage e`stablishme'nt permit shall be
accompanied by payment of the appropriate fee;established pursuant:to-this chapter, no:part of
which shall be refundable. The fee shall be established from lime to time.by'resolution of the=
city council and shall include amounts to cover the city',s costs,of"administering this chapter,
including but not limited to city staff time and costs and attorney's fees and costs related to
processing, investigation, issuance of permits, inspections,,enforcementand periodic review and
maintenance of these regulations.
8.38.080 Issuance or denial of permit.
A. Massage worker permit.
The permit administrator shall issue the massage establishment permit if upon investigation and
the reports filed it is found:
1. The applicant, has not been convicted, pled guilty, or pled nolo contendere in a court of
competent jurisdiction to any offense listed in Section 8.38.050; and
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2. The applicant, including applicant as a membencif'a Corporation or.partnership; or a
former employer of the applicant while smemployed, has never been subjected to an
abatement proceeding under Sections 11225 through.:11235 (Red Light Abatement.Act)
of the California Penal Code or any similar provisions of law ih a jurisdiction'outside the
State of California; and
3. The applicant has not had any massage establishment;massage worker license or permit
which was issued within the State of California, revoked;
4. The applicant possesses the educationahrequirements,set forth in Section 8.38.050; and
5. The applicant complies with all provisions of this chapter, including certification by a
licensed physician that the applicant does not have communicable and/or contagious
disease in accordance with Section 8.38:050(C)(6); and
6. The applicant has not made any material.false, misleading, of fraudulent statement of
facts in the permit application or any other document required by.thecity in conjunction
therewith.
Otherwise, said permit shall be denied. In the event ofdenial,notifications,and.reasons for`denial
shall be set forth in writing and shall be sent to the applicanf by mail or by hand delivery.
B. Massage establishment permit
The permit administrator shall issue the massage establishm_e ntpermitif upon investigation and
the reports filed it is found:
1. The operation, as proposed by the applicant, if permitted, would,comply with all
applicable laws, including, but not limited to, the eitys building, zoning, and health
regulations.
2. Neither the applicant, nor any person or entity sdbject to investigation in connection with
the application pursuant to Section 8.38.060,.has.heen.convicted,pled guilty, or pled.nolo
con/emiere in a court of competent jurisdiction to any offense listed in Section 8.38.060.
3. The applicant, including applicant as a member of a-.corporation or partnership;;or a
former employer of the applicant while so employed;;has;never been:subjected:to an
abatement proceeding under Sections 11225;through 1.1235 (Red Light Abatement Act)
of the California Penal Code or any similar provisions'of law in a jurisdiction outside the
State of California: and
4. The applicant has not had any massage establishment, operator, worker or trainee license
or permit, which was issued within the State of California, revoked.
5. The applicant has not made any material,false, misleading, or fraudulent_statement of
facts in the permit application or any other document required bytliecity in conjunction
therewith.
Otherwise, said permit shall be denied. In the event of notifications.and_reasons for denial
shall be set forth in writing and shall be sent to the applicant tby mail ohbyliand delivery,.
8.38.090 Renewal of permit; renewal fee.
A. Massage workers
1. Every massage worker permit issued or renewed shall have a term:ofup to.two years, and
all massage worker permits shall expireon June 309' of the secondyear following
issuance or renewal. Application for renewal of a massageworker permit shall be made
at least thirty (30) days before its expiration upon a=form provided the city. If the
information provided by the applicant for a piior applicatiomor renewal:is no longer
complete and/or accurate, the applicant:musfprovide aliihfdrmätiOh necessary.to update,
add to or modify such information so that itis accurate when submitted.
2. The application must also be accompanied by a certificate from;a licensed physician
stating that the applicant has, within thirty (30) days immediately prior'to filing the
application for renewal, been examined and found to be free from any contagious or
communicable disease.
3. The application for renewal shall be accompanied by a renewal fee as set from time to
time by resolution of the city council. The renewal fee shall Cover the,costs of
administering, processing and investigating applications for renewal„'including but not
limited to staff time and costs and legal fees and costs'. Whent a massage-worker has been
granted a massage worker permit withingthe pastLtwenty-four (24) months, the renewal
fee may be waived in the permit administrator's°discretion, unless-new or modified
information creates a need for investigation.
B. Massage establishments
1. Permits issued for massage establishments shall be for a terra of up to 24 months, and all
such permits shall expire on June 30°i of„,the sebondyear of the"term of.the-initial permit.
Renewal applications shall be made at least thirty days before expiration upon a form
provided by the permit administrator.
2. Renewal applications shall be accompanied by the renewal'fee/as setfrom time to time
by the city council. No part of said fee shall be refundable. The=renewal'fee shall cover
the costs of inspections and of administering, processing and investigating applications
for renewal, including but not limited to,staff.time and costs and legal fees and costs.
3. Prior to the issuance of the renewal permit, the,massage establishment maybe subject to
physical or record inspections by the building department, the fire chief, the police chief,
the community development director or planning,director, and the permit administrator of
the city for the purpose of assuring compliance With-this chapter and applicablecity,
State or federal law.
4. Each application for renewal shall provide all information necessary:to update and/or
make accurate as of the time of the renewal application submission'ihe information
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contained in the last application or renewal for ihatapplicant. Eabhapplication for
renewal of a massage establishment permit,shall be accompanied by a-list of all massage
workers employed at the massage establishment and copies:of any CAMTC certificates
for said employees and/or the massage establishment owner(s),and/or'operators.
8.38.100 Annual registration of certified massage establishments.
Every certified massage establishment shall, at least thirty,days,before the end of each"fiscal year
(June 30th), provide to the permit administrator a completes list of all employees, operators and
owners and provide copies of CAMTC certificates for each such person who provides massage
services.
8.38.110 Transfer of massage establishment permit.
No massage establishment permit shall.be transferable 'e'xcept With the approval of the
permit administrator. An application for such a transfer;shall:be in'writingand shall be
accompanied by a filing and investigative fee set by the city'council,'jo part,of which shall be
refundable. The application for such transfer shall contain the same information for the proposed
transferee as is required for an initial application. In the event of denial,notifications;andreasons
for denial shall be set forth in writing and shall be sent to the applicant by means of mail or hand
delivery.
8.38.120 Outcall massage endorsement.
A massage worker permit or massage establishment permit may`be endorsed to authorize the
performance of outcall massage only if the applicant and/or'each such`person'providing outcall
massage in connection with a massage establishment is a certified massage practitioner or
certified massage therapist.
8.38.130 Massage establishment operation.
Every massage establishment shall comply with the following operating requirements:
A. Each person employed or acting as a massage worker shall have,a valid city massage worker
permit or a CAMTC certificate, and it shall be unlawful for anyowner„operator,.responsible
managing employee, manager or permittee in charge,of Oran control oftheriassage.
establishment to employ, contract with or permit a person to act as a:massage worker who is
not in possession of a valid city massage worker permit or CAMTC certificate.
B. Massage operations shall be performed on the premises unless the applicable permits)
contain an outcall massage endorsement pursuant to this chapter. The premises,shall be open
only between the hours of nine a.m. and nine p.m.
C. A list of services available and the cost of such services;shall be posted inanopen„public
place on the premises and shall be described•in readily understandable language.No owner,
operator, responsible managing employee, manager,;or permittee.shall permit-and'no
massage worker shall offer to perform any services other than those posted.
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D. To protect patrons from potential health and sanitary hazards, alhemployees and massage
workers shall be clean and shall perform all services in clean, outer garments of a fully
opaque material which cover the torso from at least mid-thigh to two inches below the
collarbone. The midriff shall not be exposed.
E. During all times that he/she is performing or offering to perform massage services, every
massage worker shall wear a badge that identifies his/her first or last name. Upon receipt of
a request or complaint by a patron, the massage worker shall advise the patron of the full
name of the massage establishment through which the massage services were obtained and
the name of the city permit administrator, if the massage worker holds a permit issued
pursuant to this chapter, or contact information for the CAMTC, if the massage worker has
CAMTC certification..
F. No person shall enter, be or remain, in any part of a massage establishment while in
possession, consuming, or using any alcoholic beverage or drugs except pursuant to a
lawfully issued prescription for such drugs. The owner, operator, responsible managing
employee, manager or permittee shall not permit any such person to enter or remain upon
such premises.
G. No massage worker shall offer or engage in:specified sexual activities as part of his/her
massage services. No massage establishment shall offeror permit specified sexual activities
to occur on its premises or as part of any outcall massage which is offered by a massage
establishment or massage worker permitted to wotk,in that massage establishment.
H. Any outcall massage activity requires the provider to hold CAMTC certificates for all
persons providing outcall massage.
8.38.140 Sanitation anti safety requirements.
The requirements of this section are reasonable health and safety requirements for massage
establishments and massage workers and shall apply to all massage establishments and massage
workers in the City, including certified massage establishments, certified massage practitioners
and certified massage therapists, unless otherwise specified.
A. All massage establishments shall be subject to periodic.inspection by the City for safety of
the structure and the propriety of plumbing, ventilation, heating, and sanitation. One artificial
white light of not less than forty watts shall be provided and lit in each room while a massage .
is being administered. The walls shall be clean and painted with a an approved washable mold
resistant paint in all rooms where water or steam baths are given. Floors shall be free from
any accumulations of dust, dirt, or refuse.
B. Towels, sheets, and linens of all types and items for personal use of and patrons
shall be clean and freshly laundered. Towels, clothes, and sheets shall.not-be used for more
than one person. Re-use of such linen is prohibited unless the sarne has first been laundered.
Heavy white paper may be substituted for sheets, provided that such paper is used once for
every person and then discarded into a sanitary receptacle.
C. Clothing furnished to patrons by the massage,establishmentshalllnot be used:bymore than
one patron unless it has first been laundered and disinfected.
D. All locker facilities provided for the use of patronsshall.be,fully secured for the protection of
the patron's valuables, and the patron shall be given control'of the key or:other-means of
access.
E. All main external front entrance doors into the massage,establishment andfall;internal doors
leading to massage areas shall remain unlocked duringthe business hours°of the massage
establishment, except that in a certified massage establislunent, no massage may be,given
within any cubicle, room, booth or any area_:behind any locked door, unless;there is no staff
available to assure security for clients and massage workers who are'.beliind closed doors.
8.38.150 Inspection by City officials.
The investigating officials of the city, including:;the Sonoma County:Health Officer, shall have
the right to enter the premises from time to time during regular business hoursfor the:purpose of
making reasonable inspections to enforce compliance with this chapter; or other'building, fire,
electrical, plumbing, health, or penal regulations. A wanantishallbe;obtained whenever required
by law.
8.38.160 Display of permits.
A. The owner or operator of a massage establishment, iicluding.certified,massage
establishments, shall display the massage establishment permit or'CA'M1C certificate issued
to the massage establishment, and the massage-worker permit or'CAMTC certificate for each
massage worker employed, retained by or providing;services.for the massage establishment
in an open and conspicuous place on the premises. Each massage=worker's.permit shall bear
his/her photograph.
B. The owner or operator of a massage establishmentshalLmaintain a register of all persons
employed as massage workers and the permit numbers for=each.inassage worker. Such
register shall be available for inspection at all times,.duringxegularbusiness'hours.
8.38.170 Notification of changes.
A. Within five (5) business days of any change;in address:or ownership of the massage
establishment and/or any changes in massage workers employed or providing:massage at or
through the massage establishment every massage establishment owner-or operator shall
provide written notice of those changes to the permit:administrator. Within tem(10) business
days of hiring a new massage worker with CAMTC certification; the ownerishall,provide a
copy of the massage worker's CAMTC certificate to the permit administrator:The
requirement to provide copies of CAMTC certificate's shall not eliminate the;requirement:to
maintain evidence on the premises of the massage establishment that the massage workers
employed or retained by the massage establishment have CAMTC..certificates.
B. Any massage worker who transfers from the massage:establishment indicated,on'his/her
permit shall, within thirty (30) days of such change, apply for a'newperinit. The fee for a
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transferred permit shall be shall be set by the city council and payabl'e:t'othe permit
administrator when the application for transferred permit issubtnitted.
C. The massage establishment owner or operator-shall have a continuous,duty to provide written
notice to the city when the massage establishment no longer employs, contracts with or uses
a CAMTC certificate holder to provide massage services,,or if a CAMTC certificate is
revoked or suspended.
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8.38.180 Prohibited Advertising Practices.
It is a violation of this chapter for any person or massage establishment that does not have a valid
CAMTC certificate or city permit to:
A. State or advertise, or put out any sign, card or other device, or represent to the public through
any print or electronic media, that such person is certified, registered, or licensed to by a
governmental agency as a massage worker;,or
B. Hold oneself out or use the title of"certified massage therapist," "certified massage
practitioner," or use any other term, such as "permitted "licensed," "registered," "CMT,"
or "CAMTC" that implies or suggests that such person-is the holder'ofa CAMTC certificate
or a city massage permit.
8.38.190 Massage establishment permittee responsibility for employee acts.
The massage establishment owner or operator shall be-responsible=for the conduct of all
employees, contractors, volunteers or persons who provide-massage on the premises of or
through arrangements with the massage establishment. All persons"worki'ng in or for the
massage establishment shall be considered under the control of the:massage establishment for the
purposes of this chapter, including independent contractorsand unpaid volunteers. Any act or
omission of such person constituting a violation of this chapter.shalf be deemed to be the actor
omission of the massage establishment for purposes ofdetermining;whether the massage
establishment permit shall be revoked, suspended, deniedor renewed..
8.38.200 Suspension or revocation of permits.
Any massage establishment or massage worker's permit issued under this chapter shall be
subject to suspension or revocation by the permit administrator:for"Violation.of any provision of
this chapter, violations of city, State or federal law, or for any grounds that,Would warrant the
denial of the issuance of such permit(s) in the first instance.
8.38.210 Denial, suspension or revocation of permits—appeal.
Any person or business entity aggrieved by any decision of the permit administrator with respect
to the issuance or refusal to issue, suspension or revocation of a permit may appeal thataction by
tiling a written notice of appeal with the city clerk. All appeals.shall be heard by'an
administrative hearing officer appointed by the city. Upon receipt,of an appeal, the
administrative hearing officer shall fix a time and place for hearingsuch appeal. The city clerk
shall give written notice to the appellant of the time and place of heating by causing the notice to
be personally served or deposited in the United States mail at Petaluma„Califofni'a, postage.
prepaid, addressed to the appellant at the address provided on the written notice of appeal. The
administrative hearing officer shall have authority to determine all questions raised on appeal.
8.38.220 Changes in law.
A. Should Chapter 10.5 of the Business & ProfessionstCode, "Massage Therapists,' be repealed
on January 1, 2015, pursuant to Business &''Professions Code Section,4612, or otherwise
repealed or modified such that CAMTC or equivalent certification i,s.no longer
provided, certified massage workers, certified sole proprietorships'and certified massage
establishments shall be required to obtain city massage;permits and meet all-requirements:of
this chapter within one hundred eighty (180) days of such repeal and/or modification-of the
Business & Professions Code or by the dateof expiration:of'the applicable CAMTC
certificate, whichever is later.
B. When reference is made in this chapter to any local lavvorregulation,:or to any State or
federal statute,regulation or other law; such'referencelshall includ"e-anyLsubsequent
amendment or superseding provision thereto.
8.38.230 Enforcement and remedies
Any violation of this chapter shall be is hereby declared to be;,unlawfiil and'a,public nuisance,
and provisions of this chapter'shall be enforceable pursuant to chapters,E 10,through 1.16 of this
code, or by any other judicial and administrative,penaltiessand;remedies,available to the city
under applicable local, State or federal law. In-addition to,all other legal remedies provided for,in
this code, the operation of any massage establishment and/or the provision of massage by any
person in violation of the terms of this chapter shall be deemed a public nuisance and:maybe
enjoined by the City. Each instance of a violation of this including:each.day of a
continuing violation by a massage establishment or massage worker, shall constitute a'separate
violation. The remedies provided by this chapter are not intended to preclude any other remedy
available at law or in equity.
Section 2. The City Council finds that adoptionvof this.ordinance;is+exempt from the California
Environmental Quality Act ("CEQA"), pursuant to Sections15061(b)(3)of the CEQA Guidelines
(Title 14, Chapter 3 of the California Code of Regulations)because there is-no possibility that
the activity may have a significant impact on the environment:
Section 3. If any section, subsection, sentence, clause,,phrase}or word of this ordinance is for
any reason held to be unconstitutional, unlawful or-otherwise invalid`,by a court:of competent
jurisdiction or preempted by state legislation, such decision or legislation shall not affect the
validity of the remaining portions of this ordinance. The CityCouncil of the"City of Petaluma,
hereby declares that it would have passed and adopted this ordinance and each and all provisions
thereof irrespective of the fact that any one or more of sdid%provi'sions be declared;
unconstitutional, unlawful or otherwise invalid.
Section 4. This ordinance shall become effective thirty (30)days after the date of its adoption by
the Petaluma City Council, and upon the postingof all signs required by California Vehicle Code
Section 21103.
Section 5. The City Clerk is hereby directed to'publisli or,post:this.ordinance or a'synopsis for
the period and in the manner provided by the City Charter and any Other applicable law.
INTRODUCED and ordered posted/published this day of ,2012.
ADOPTED this day of 2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
David Glass, Mayor
ATTEST: APPROVED AS TO FORM:
Claire Cooper, City Clerk Eric:Danly,'City, Attorney
1994643.9
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