HomeMy WebLinkAboutStaff Report 4.B 8/5/2013 Age4cdauItewv #4.3
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DATE: August 5,2013
TO Honorable Mayor and Members of the City Council through City Manager
FROM: Patrick Williams, Police Chief
SUBJECT: Introduction'(First.Reading) of an Ordinance Adding Chapter 8.38, "Massage
Establishments and Massage Professionals", to the City of Petaluma Municipal
Code
RECOMMENDATION
It is recommended that the CityCouncil.introduce amOrdinarice.AddingChapter 8.38, "Massage
Establishments and Massage Professionals"to the City of Petaluma Municipal Code.
BACKGROUND -
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The zoning aspects of massage;establishments are dealt within Chapter 10 of the Implementing
Zoning Ordinance, but there is currently no regulatory ordinance',governing massage operations:
This action will establish licensing regulations for massage estabiishmentsandprofessionals in
Petaluma. The City Council considered this item on December 3, 2011 and February 4, 2013.
After a staff presentation and-Public comments were heard, the City Council directed staff to
return after conducting additional outreach with massage professionals, and to incorporate a
process to permit existing non.California,Massage'TherapyCourted (CAMTC) certified massage
professionals to achieve compliance with the proposed ordinance: A total of 6 community
meetings have now been held and have resulted in a number of changes to the original proposal.
DISCUSSION
The intentof this ordinance is-to establish licensing;regulations for massage establislunents and
professionals. The:focus of the ordinance is to serveithepublicinterest, safety and welfare by
establishing minimum building standards,.including sanitation and health standards,best
business practices and qualifications`for massage professionals. The City's authority
to.develop"local regulations is'found;in California Business and Professions Code Section 4600.
The proposed ordinance requires all massage professionals providing massage services within
the City„to'be-certified;by thetCAMTC or to qualify for+and`obtain a Petaluma massage
professional.permitin:accordance with the proposed ordinance. The ordinance also establishes
that the businessowner;is responsible for the conduct of their':,employees at all times.
Additionally, the proposed ordinance provides the City-of Petaluma with inspection rights to
Agenda Review:.
City Attorn:t Finance,Director City.ManagerTh
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ensure compliance with the provisions of the ordinance With consideration to minimize
disruption to the business. As well, provisions-in'the ordinance include--guidelinespfor operations
such as a requirement that massage establishments'provide"aaist'of services and the costs'for:the
services,prohibitions against consumption°,of alcohol or.drugs on the premises, and limitations
on hours'of operation to between 7 AM and 10 PM: Additionally, there is a provision for
"Outcall Massage Endorsement"limiting!the massage professionals providing outcall services to
those that are CAMTC•certified.
Violations of the ordinance can be enforced in any combination as permitted by Title I 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 an amount not to
exceed$1000 and/or imprisonment for a period';not to exceed 6 months); and any other
enforcement and legal remedies'available Ai) he''City under the;law,;including recovery of
attorneys'fees.
The Police Depai talent initially met;wiih'the Petaluma Downtown.Association and discussed the
proposal and any concerns1relative,to?this proposed ordinance; Outreach:was also conducted
With the Director of Governmental Affairs for the CAMTC. Additionally a series of community
meetings were held to solicit Twenty-four massage professionals were hosted at the
December 17, 2012 meeting,,twenty-onesatthe December:20,201.2 meeting and ten rat.the
January 17, 2013 meeting. The'primary'areas of concern from meeting participants included
additional time to-come,into compliance with the proposed ordinance; financial impacts of
additional education;,clothing requirements; and the need for a certificate from a physician
attesting to the good health of a massage professional.
In almost all conversations with-the;massage professional community, support was found for the
proposed`regulations, and in particulanwith the CAMTC certification. CAMTC certification was
viewed as a best practice for the industry',,and recognized as good for the business'community
and for the consumer. Some massage:professionals.who are not presently CAMTC certified
expressed concern over the:additional cost of the hours needed'to;meet certification and the
length of timeavailable;to complete the:training.
Another community meeting,was.held on.April 29, 2013'. In preparation for this meeting,
invitations were senfby certified letter to local massage professionals'identified through their
business license, the phone directory, or found through an online resource: Eighteen massage
professionals attended this meeting. Staff presented an overview of the proposed ordinance and
answered questions',on specific,sections, including the option of obtaining a Petaluma massage
professional permit for massage:professionals that are not CAMTC certified. Some concern was
expressed about inspection protocol and the need to limit disruptions to businesses: It is staff s
expectation that-all precautions will betaken to.limit, if not avoid disruptions to our business
community.
The proposed ordinance is a reflection of.Council.direction:and community input. The most
significant revision to the initial proposal is the,addition of an''alternative to the CAMTC
'certification requirement to permit existing massageprofessionals to qualify fora Petaluma
massage,professional permit by meeting;the following criteria: 1) continuous practice since
January 1, 2008; 2) 100-hours of;formal education in massage therapy at an approved school, and
3) completion'ofa live scan and'permit.application.
A,.120 day application period commences=on the effective date of the ordinance. Dunnglthis
time,massage professionals maysubmit copies of their.CAMT"C certification or file;applications
for Petaluma massage professional permits including'documentation in;support'of the permit
criteria. Applicants would continue to be permitted to provide:lawful massage services within
the City until such time that their permit application is actedlupon by department staff.
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The ordinance was.made available in.draft form to the public May 7,"2013 on the home page of
the City's website. Two additional community meetings were held on May 13, 2013 and,May
14, 2013. Though attendanceat'these last' meetings was light, a-consensus:of support for this
ordinance was offered.with few exceptions" No new issues were raised and the process of
inspections generated the most:conversation: Most;all participants were satisfied that the
inspection process would not adversely affecttheir business practices. Further clarifying.
revisions have been made to the ordinance draft since the version made publicly available on
May 7, 2013, consistent with:the City Council's direction regarding the ordinance"and the
( substantive provisions described;in`thisstaff report.
The.adoption of this ordinancewillhelp to reduce the cost tothe City and make the best use of
the limited resources in the Police Department by establishing best practices for the regulation of
y supports while reducing
this business activity. su orts a business climate
complaints and.discouraging those that may conduct unlawful activity. Thisordinance'will help
free the Police Department to foeus,on other qualify"of life issues in our community.
This work effort supports the'2012-2013 Council goals under the Healthy,Development,
Sustainability, and Economic Development Category:
FINANCIAL IMPACTS
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This expected that the financiahiinpact ofitnplementation,and-administration+of this program will
Be revenue neutral. Costs to;operate the program will"be offset by a permit fee which is
anticipated,to be $150, the same as the current fee a.CAMTC permit. The'staff time and cost
recovery:for this program is not expected to exceed the staff-time identifiedtin the existing fee
structure.
The,Police Department and'the Neighborhood P:.reservation^Coordinator can complete
inspections as part of their dailyassignments and administrative citations for non-compliance
will;generate revenue to help,cover the cents forinspection and enforcement.
ATTACHMENTS
1. Ordinance
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ATTACHMENT A
ORDINANCE::NO...
AN ORDINANCE OF-THE CITY COUNCIL,QF THE CITY OF'PETALUMA
ADDING CHAPTER 8:38, "MASSAGEESTABLISHMENTS AND MASSAGE
PROFESSIONALS")TO'THE"CITY OFPETALUMA MUNICIPAL CODE
WHEREAS,this chapter isintendedto provide forthe,orderl'y regulation of persons and
establishments engagedin massage therapy while recognizing;the practice of massage therapy
as a valid professionalfield; arid.
WHEREAS,iin=,September 2008, the State of California adopted Senate Bill 731 (SB
711) codified d Profe _ Code seq., creating a voluntary certification
p am for massage p rofes who meet certain,educational
requirements; and
WHEREAS, the CaliforniatMassage Therapy Council ("CAMTC") began issuing
certificates on September 1, 2009;:and-
WHEREAS, qualified applicants that receive a certificate from the CAMTC and
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assage,establishmentapplicants''that•employ only massage;professionals who have received
certificates'from the CAMTC are entitled'to practice-massage-therapy-throughout the State
without having to comply:with certain local government regulation not-applicable to other types
of licensed:professional services°practitioners;,and
' WHEREAS,:certain massage:professionals°within th'e'Cityof Petaluma have obtained
massage massageTherapy Oducationt,fromiapproved schools"and havetmaintained massage practices within
the'City for two years or more, but have not obtained certification from the CAMTC, unless
otherwise exempted by this-ordinance;;and
WHEREAS,by enacting Chapter 8.38, the City'Council does-not inteend:to regulate any
area preempted by state law, including but not,limited to,:Chapter 10.5 (commencing with
Section 4600) of Didision2 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 MassagetProfessionals"-isthereby.added
to the Petaluma Municipal'Cede; thread in full asfollows:
Chapter 8:38 .,MASSAGE ESTABLISHMENTS AND MASSAGE PROFESSIONALS
8:38:010 Purpose,and:intent.
It is the purpose and of the:city council that the:operation of massage establishments and
massage professionals as defined:in this chapter_should-be regulated so+as to further the public
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interest, safety, welfare;b establisliin fimm�inum buildin ;sanitaU'on, and health"standards
forinassage,e"stablislinients and niinimuih qualifications forMassage:'professionals consistent
with applicable law; including existing authority, for local regulation of massagemstablishnients
and professionals:
8.38:020 Definiiions.
For the purpose of this chapter; the following+words and phrases shall.mean or include:
Ai "Approved school" means an1approved school as:defined in California Business and
Professions Code section4600(a).,
B: "`California Massage Therapy Council or"CAMTC meansthe,non-,.profit organization
•created pursuant to Chapter, 1'0.5 of the:Businessand,Professions"Code and/or any subsequent
amendment or supersedingatatute,`and/or any successor organization.
C ''CAMTC.certificate' means a,certificate, or;conditional:certificate, issued.by the CAMTC
to Massage Therapists, r a01( Code (an
401(c), and/or to Massage Practitioners pursuant-to subdivision 4601(b), or 4604(a),or
4604(c),:and/or°certificates;issued pursuant fo Chapter 10.5 of the Business and Professions
Code. When used,in'this.:chapter, "CAMTC,certi_fication:''means having a valid CAMTC
certificate:
D "Certified massage establishment" means a massage,establishment that employs or uses only
massage professionals with-CAMTC certification,to perform-massage services. Unless
otherwise stated;"certifiedimassage:establistiment" includes certified sole'proprietorships.
E "Certified sole proprietorship'means:a sole-proprietorship;where:the owner has received
CAMTC certification andds'the.only provider of massage,services for that business:
F. "Fee" means the amount applicants,forrnew`or renewed massage permits are required to pay
in accordance withsectien 8.38:090..
G "Health officer" means the;liealtliiofficer ofSonoma County or his/her authorized
representative.
I- "Implementing Zoning Ordinance"'means city ordinance,:no..2300 N.C.S.
I. "`Massage" means method,of treatingthe superficial parts of the body, excluding
specifed'anatomical areas for medicalor hygienic purposes, and=not for:purposes of
offering, engaging in oripermitting specified,sexual activities, by rubbing,;pressing;;stroking,.
kneading, tapping„'pounding,vibrating, or stiniulating'•with the hands or'other parts of the
body, with or without the aid of any mechanicaTer electrical apparatus or appliance
commonly;used in;the practicemf massage, and with orwithout supplementary aids such as
rubbing,alcohol,oils, powders, creams, lotions„ointment, of other similar preparations
Ecomnionly'used inf tlie,practicelof massage. Massage includessuch,manipulatiornof the body
or similar procedures described in,thii's;paragraph'that,are performed in hydrotherapy, spa or
,similar
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' J.1 "Masage establishment",means>>"a;businesstconducfedbyany individual;firm, association;
partnership,.corporation or combination of individuals that,provides;or offers/massage in
•excliange.for•money'or otl er.•consideration,
K'. "Massage professional'means any person whoadministe_rsmassage•to another person,;for
zany form of consideration orpecuniary•compensation.
LI 'Massage permit" means'authorizationissued in accordance with,thisrchapter to massage
professionals practicing irethe city that meet1the requirements of sectionr8.38.060.
M. Outcall massage" means,massage performed"not=at•a€ixed`location,,but at-locations
determined by the client or customer.
N "Permit.;administrator meansrthetpolice chief of the,city,'his/her designee, or an •other-
person designated,by the city manager to issue massage permits'and enforce,the regulations
contained in,this,chaptet.
0 "Permitted°massage establishment"lmeans a messag6establishment, including sole
proprietorships, where not°allthe massage professionals have CAMTC certification, and
where all those massage professionals thatlack CAMTC certification have a valid massage'
permit issued in accordance with this chapter:
P "Specified sexual activities"`meanssanyof the following:
I. Erotic touching orfondling,of'the body, including, but;not.limited'to, erotic:touching or
fondling of a:specifi'ed anaibmical.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 activities specified in this section.
83S.030 Exemptions.
The provisions this chapter'shall not;,apply to'the establislments;andindividuals listed below
while engaged in the performance of the•duties of their•respective:licensed or certificated
professions:
A. 'Physicians;ysurgeons,chiropractors,,osteopaths, nurses.or physical therapists who are'duly
licensed;topracticetheir.respective professions in theistate;-
B: Hospitals ,nursing homes, sanitariums; or persons holding an unrevoked certificateao
practice in.the'healing artspunder the laws of the'State ofCalifornia, or persons working;
under the:direction of any.such persons or many sueh;establishments.
C: Barbers; cosmetologists,y.andhmanicuristswtro,are duly under the laws:of the state,
Ogee-MAat this ex emption:shall applyfsolely;to'the massaging,ofth"e neck, face, scalp, hair,
'hands Or feet of
'the customer or;client.
D. Teacherstor students enrolled:in a,school, as definedjimthe Impletnentmg 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.
838.0'40 Obligation to apply for massage"perinitor'provide.CAMTC certificates"within 120
dys.- —grace period.
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Within one hundred and"twenty('120)days of theffective date of this chapter, massage
professionalwand massageiestablishments in operation in;the1city,that are subject to the
requirements of this chapter must apply for massagepermit(s):required"by this chapter or provide
tt:the permit administrator copies:of valid'CAMTC certificatestas required bythis chapter.
Massage professionals and massage establishments that are subject'to the requirements of this
chapter that have a current city business license, and-that have submitted a complete massage
permit-application inaccodance with1his'e ter•ma ;continu operation while the nts a
permitapplication is processed. AlVmassa e rofessionals,and ass a establishments t hat
are
,subject to'the,requirements;of this chapter;and thatare.in operation in the city one hundred and
twenty one (121)days°or more after theieffective date of thisichapter;must have a current city
business license, and must have:proyided valid.CAMTC'certificates or applied for a.massage.
permit imaccordancewith this dliapter;_of be subject;to;penaltiesaspecified,in this chapter and
'otherapplicablelaws.
8'38.050 Massageaprofessionals;- massage_ permit>or copy oftCAMTC Certification',and city
business license.requiremeuts..
A. Except as provideckin section 8.38.040,4t is unlawful for-any,massage professional subject
to the"requirements of thiSc.chaptef to providemassage seryicestor practice massage within
the city without a valid„unexpired and unrevoked'massage permit issued by the permit;
administrator or"a°valid, unexpired`;and'unrevoked CAMTC certificate. ,Except:for massage
professionals practicing,massageonly as,an'employee of_a massageestablishment, it is also
unlawful for anymassage professional subject to the,requirrements of this:chapter to provide
massage services,orpractice-massage within'the city without a'current city business license
in.accordance with,Chapter`6:01 oftliis?code.
'8.30.060 Massage permit+.aplilieation-requirerirents,
Massage,;permitapplications must becsubmitted using forms p rovided.bythepermit,administrator
and include the following:'
A: The•applicant s full';name;.all other names the applicant-uses or has used„the;applicant's
residential-address, andiresidence"telephonenurnber;
Theo-namerand;address ofahernassageestablishmentzwhere the applicant is to:le,'employed
! and the name of,tltelmassage establishment owner;
C�. Thenames and addresses of any andiall'previous,establishm"ents•where the applicant:has been
employed:as amassage professional, including evidence;of continuous'practice.of massage
therapy'irrthe city. since,January. 4,_20,10; '
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' D!, A.pcirirdif photograph of therapplicant`at leasbtwoinches;bytwosinches, together with:a-
complete,set,of the applicants fingerprints which shalt betaken by the permit administrator
or his/heragent.
E4 Written proof thattheapplicant is over the age of,eighteen'yeafs ;
El A:signed affidavit that the applicantris not aware of having any contagioussand/or
communicable disease capable iof beingdtransmitted.through,the.performance of massage;
•G , A copy of a diploma, certificateof'graduation:or'transcripts,of.course work from an:approved
school.showing aatisfactoryAcompletion;of one hundred:hours (100)or more Of non-repetitive
curriculum, with a;passing,grade or better in,health,theory, health,care;,anatomy, physiology,
psychology, biomechanics, or kinesiology or similar curriculum.,
Ht A-statement signed by the owner or operatorof a massage establishment indicating an intent
to employ the applicant"as a massage+professiona l,(unless_theapplicant is the massage
,establishmentowner oroperator)
I.I Each conviction„and each,pl'ea,of guilty,or nolo°contenders for:violation of any of the
.following sections:of the California Penal Code;,
L 366(i)(pandering);,
2. 315 (keeping or_residing in a houseiof ill;fame);
3. 316 (keeping a';disorderly house or lets any'premisesknowing that itris,to be used>for-the<
purpose of;assignationor prostitution);
4. 318 (prevailing{oruai.person to visita place ofprostitution);
5. Subdivision (a)t,:of Section;6417 (lewd conduct);
Subdivision (b),of Sections647 (di'sorderly conduct by;soliciting or engaging in
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prostitution);
J. Each conviction, and eachpleaof guilty or nolo.contehder'e for felony offenses involving,the
sale:of,controlled•substance,specified in Sections`11'054,1,1055, 11056, 1,1057, or 11058 of
the California Health and Safety3COde;,
K. Each conviction,,and each'pl'ea of guilty or noloconiendere for misdemeanor or felony.
offenses:that relate directly to the4practice.of'massage,
L: .Each conviction,and each,plea of guilty or nolo:contendere fora-felony, the:commission of
which occurredlon-the preniises,of a massage establishment, or in the course.of massage;
M. Each conviction, and each,plea of:guilty or nolo•contendere for.an,offense involving the use
of force:and violence upon:the person?of another or for;an offense involving the theft of
I property;
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N. Each conviction, and each plea of guilty or nolo contendere for attempt or conspiracy to
commit any any of the offenses listed in this section;
O. Each conviction, and each plea of guilty or nolo contendere for offenses committed in a
jurisdiction outside of theState of California,which,if committed within the State of
California, would fall within one of the offenses listed in this section;
P. Whether the applicant:is:req'uired.to register under;provisions of Section 290 of the California
Penal Code (registration as a'sex..offender);
Q. Whether the applicant, or a former employer of theapplicant while so employed, or a
building in which the applicantwas so employed, was,'eyer 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
R. Whether any permit to engagein1he-practice of massage a"s a massage professional or
otherwise has previously been denied applicant or revoked, and, if so, the circumstances of
the denial or revocation.
838.070 Certified massage establishment and certified sole'proprietorship requirements.
A. For massage establishments providing massage services within:the city to qualify as certified
massage establishments„in;accord'ance with this chapter, the owner.or operator of the
massage establishment must provide to the permit administrator copies of valid, unexpired,
unrevoked CAMTC certificatesfor';each person the massage establishment will employ or
contract with for purposes of performing massage, and-a copy_of the owner or operator's
valid, unexpired and unrevoked CAMTC certificate, if applicable, when applying for a city
business license. For massage,establishments providing massage services within the city to
qualify as certified sole proprietorships in accordance with,this chapter, the owner or operator
of the massage establishment must provide to the permit administrator a copy of his or her
valid, unexpired and unrevoked CAMTC certificate when applying for a city business
license. Owners and operators of message establishments providing massage services within
the city must verify that-the:establishment,meets theaequifertents for a certified massage
establishment in accordance'with this chapter by completing the city form provided by the
permit administrator for that purpose.
B. For massage,establishments providing massage:services within the city to qualify as certified
massage establishments in accordance with this chapter, owners and operators who own five
(5) percent or more of,the massage establishment and,that do not have valid, unexpired and
unrevoked CAIVITC certificates must also provide the following background information:
1. For owners 9 r operators that are corporations; the names and residence addresses of each
of the officers and directors of the corporation and of each stockholder owning more than
five percent of the stock of the corporation.
2. For owners or operators that are partnerships, the names and residence addresses of each
of the partners, including limited partners.
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3. All previous,residential addresses (ifany.) for the fi`v&years'ii rnediately prior to the
present address of owners or operators;
4. Written:proof that individualor partnership owners or operators are over the age of
eighteen years;
5. For sole proprietorships or partnership_owners or-operators, the height, weight, color of
eyes and hair, and sex-of each proprietor or partner;
6. Two portrait photographs at least two inches by two inches for each owner or operator;
7. Business,,occupation, or,ernployrnencof'ihe owner or operator_for the preceding five
years;
8. The owner or operator'massage or similar business:history, including, but not limited to,
whether or not such person, in.previously,operating in-the city or another city or State
under permit; has had such permit revoked or suspended and'the reason, and the owner or
operator's business activity or occupation subsequent to the suspension or revocation;
10. The nameand=address of theowner and lessor of the=real.property upon which the
massage establishment will-be operated and a copy of the lease or rental agreement;
11. The information required by subsections 8.38:050.(I) through 8.38.050.(R) above for
each owner and operator; and
10. Such other identification and information necessary to discover the truth of the required
background information, including fingerprints and`additional photographs of any owner
or operator.
C. Upon receipt of completed applications, the,,permit administrator will review applications for
compliance of the•establishment with,applicable codes and regulations administered by the
city police department, and asappropriate refer applications for review by other departments
such as the building, fire, and:development departments±for review of application materials,
inspection of the premises, and other appropriate review to,determine compliance of the
I establishment with applicable codes-and regulations.
8.38:080 Permitted massage establishment requirements
A. It is unlawful for:any owner or operator of a;massage establishment;except for owners and
operators of:massage establishments:that qualify as•certified massage establishments in
accordance:with section;8;38.070, to provide orpermittobe provided massage services
within:the;;cityunless the massage establishment qualifies as a permitted massage
establishment,in accordance with this section.
B: For massage;establishments providing massage services!within the city to qualify as
permitted massage establishments, each person the massage establishment will employ or
contract with for purposes of.performing massage, and the owner or operator,'if applicable,
that does' of have azvalid,unexpired, unrevOked CAMTC certificate musthave a valid,
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unexpired, unrevoked massage permit issued in accordance;,with;section 8.38.100 when
applying for a city business license. Owners and operators'of message establishments
providing massage services within the city must verify that'the establishment meets the
requirements for permitted massage establishment in accordance with this section by
completing the city form provided by the permit administrator for thatpurpose..
C. For massage establishments that are providing,massage services within the city to qualify as
permitted massage establishments in accordance with this section, owners and operators of
the massage establishmentthatdo not have valid, unrevoked CAMTC certificates must
provide the background information specified in section 8.38.060(C).
8.38.090 Fee required.
All applications for a massage permit must be accompanied'by payment of the applicable fee
established pursuant to this chapter, no part of which shall be refundable. The fee will be
established from time to time by resolution of the city council and include amounts intended to
cover the city's costs of processing, investigation, issuance, renewal, inspection, enforcement
and administration of the permit requirements contained in this chapter, including but not limited
to, city staff time and costs,and attorney's fees and costs.
8.38.100 Issuance or denial.of'massage permits.
The permit administrator will issue a'massage permit if upon investigation and the reports filed
it is found:
A. Neither the applicant, norany'person,or entity subject-to'investigation in connection with the
application pursuant to Section 8.38.060 has'been convicted, pled.guilty, or pled nolo
contendere in a court of competent jurisdiction to any offense,listed in Section 8.38.060,
subdivisions (I) - (0), and is not required to register as a sex offender; and
Bi. Neither the applicant, including,applicant as member of a:corporation or partnership, nor a
former employer of the applicant while so employed, has ever 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 in a jurisdiction outside the State
of California; and
that was within the State olCalifornia; revoked; and age professional license or permit
C. Theapplicant-has not had any Massage establishment,
D. The applicant possessesthe educational requirements:set forth in Section 8.38.050,
subdivision (6); and
E. The operation, as proposed by the applicant,,if permitted,would comply with all applicable
laws; including, but not limited to, the city stbuilding; zoning, and health regulations.
F. The applicant complies with all provisions of this chapter including the affidavit requirement
in section 8.36.060, subdivision(F); and
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G. The applicant has made no'false; misleading; or fraudulent statementift the permit
application or any other document required by the city in conjunction therewith.
Otherwise, the permit will be denied.Notification of and reason(s) for massage permit denial
will be sent to the applicant by mail.
8.38.110 Renewal of massage:permit; renewal fee.
A. Every massage permit issued or renewed shall'have a term of up to two years, and all
massage permits shall expire on June 30th of the second year following issuance or renewal.
Application for renewal of a massage permit shall be.made at,least thirty (30) days before its
expiration upon a form provided by the city: If the information provided by the applicant for
a prior application or renewal is no longer complete and/or accurate, the applicant must
provide all information necessary to update, add to or modify the information so that it is
, accurate.
B. The massage permit renewal_application must be accompanied by a renewal fee as set from
time to time by resolution of the city council'. No part of renewal fee will be refundable. The
renewal fee is intended to covet the City's costs,of processing; investigation, renewal,
inspection, enforcement and administration of the permit requirements contained in this
chapter, including but not limited,to staff time and costs,and legal fees and costs.
C Prior to the issuance.oftherenewal permit, the massage:establishment may be subject to
physical or record inspections by permit,administrator, as well as by the building department,
fire, and community-development,departments of the city for the purpose of assuring
compliance with this chapter,and applicable'city, State or federal law.
D. Each renewal application must be accompanied by a list of all professionals
employed at the massage establishment and copies of any-CAMTC certificates or rrmassage'
permits for the employees and/of the massage establishment owner(s) and/or operators.
8.38.120 Massage establishment annual registration and notification of changes.
A. Every massage establishnientmust,.at the time of application for and/or renewal of a business
license, provide to the city manager or his/her designee-a complete slist of all persons
providing massage at or in connection with the massage establishment, whether on the
massage establishment premises or otherwise, and provide copies'of CAIVITC certificates or
massage permits for each such person.
B. Within five'(5),business'days of any change in address or ownership of the massage
establishment,-every massage establishment owner or operator must provide written notice of
the changes to the-city manager or his/her designee.
C. Within fifteen (15) business days of hiring a,newmassage professional, the owner or operator
of the massage establishment must provide a copy of the massage professional's CAMTC
certificate or massage permit to the city manager or his/her designee. The requirement to
provide copies of.CAMTC:certificates:or massage permits does not affect the requirement to
maintain evidence on,the premises of the massage establishment that the massage
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professionals employed or retained by the massage"establishment.have CAMTC certificates
' or massage permits.
D. Massage establishment owners and operators havea continuous duty to provide written notice
to the city when, massage establishment employees or contractors have a CAMTC certificate
revoked or suspended.
8.38.130 Certified and permitted'massage,establishment operations.
Every certified and permitted massage,establishment must comply with the following operating
requirements:
A. The owner or operator of must:maintain a register of all persons employed as massage
professionals and all massage professional contractors used;and copies of CAMTC
certificates or massage permits for each massage professional. The register must be available
for inspection at all times during regular'business hours.
B. The massage establishment may be provide massage,services;only between the hours of
seven a.m. and ten p.m.
C A list of services available and the cost of such services:must be posted in•an open, public
place on the premises of the establishment. The list of,services;must describe all of the
services available in readily understandable language. No owner, operator, responsible
managing employee, manager or supervisor:may permit and;no massage professional may
offer to perform, any services other thanthose posted.
D'. During all times that he/she is"Performing,or'offering to'perform,massage services in a
massage establishment, every massage professional mustwear.a.badge that identifies his/her
first or last name. Upon receipt of a request or complaint by patron, massage professionals
must advise the patron of the full.name of the massage establishment through which the
massage services were obtained and the contact informatiomfor the CAMTC or the city.
E. No person may enter, or be or,renrain, many part of;a.massageestablishment while in
possession„consuming, or using any alcoholic beverage or drugs except pursuant to a
lawfully'issued prescription for such'drugs. Massage establishment owners, operators,
responsible managing employees, managers and supervisors may not permit any person;to
' enter or remain upon the massage establishment premises in violation of this provision.
F. No massage professional may"offer.or engage in specified sexual:activities as part of his/her
massage services. No massage establishment may offer or permit specified sexual activities
as part of the massage services provided,by the massage establishment or on the massage
establishnientprernises.
8.38.140 Sanitationland safety requirements.
The city couricil.finds that the requirements of this section are reasonable health and safety •
requirements for massage establishments and massage professionals. The requirements of this
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section apply to all certified andpermitted massage establishments and all massage
professionals providing massage services in-the city,unless otherwise specified.
A- All massage establishments are subject to-petiodicinspection by the city for safety of the
structure and the compliance of plumbing, ventilation, heating, sanitation and other facilities
with applicable codes,and regulations. The walls!mustbeclean and painted with an approved
washable mold resistant paint in all rooms where water or steam-baths are given. Floors must
be free from any accumulations of dust,dirt,-or refuse.
B. Towels, sheets, linens, robes and all other items for personal use of operators and patrons
must be clean, freshly laundered and.not used for more than one patron. Heavy white paper
may be substituted for sheets, providedhthat the paper is used once for a person and then
discarded into a sanitary receptacle.
C. All locker facilities_provided for-the-use of patrons must be fully secured for the protection of
the patron's valuables, and the patron must be given control of the key or other means of
access.
a All main external front entrance doors into the massage establishment and all internal doors
leading to massage areas must remain unlocked during the business hours of the massage
establishment, unless there is no staff available to assure security.-for clients and massage
professionals who are behind closed doors.
8.38.150 Inspection by city officials.
The investigating officials of the city, and the Sonoma County Health.Officer, will have the right
to enter massage establishment-premises from time to tithe during regular business hours for the
purpose of making reasonablentspections to enforce compliance with this chapter, or other
building, fire, electrical, plumbing, health, or penal regulations. A warrant will be obtained
whenever required by law.
838.160 Massage establishment owner and operator responsibility for employee acts.
Massage establishment owners and operators will be responsible for the conduct of all
employees,contractors, volunteers and other persons who provide massage on the premises or
through arrangements with the massage establishment. All persons working'in or for the
massage establishmentwill be considered undertthe•control'of the massagerestablishment for the
purposes;of this chapter, including independent contractors and unpaid.volunteers'. .Any,act or
omission of massage professionals constituting a violation,of this chapter will be deemed to be
the'act or omission of the massage establishment;for purposes enforcing this chapter.
8.38.170 Suspension or revocation of permits.
Any,massage,permit issued under this chapter is+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 the permit(s) in
the first instance.
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8.38.180 Denial, suspension or revocation of permits—appeal.
Any person or business entityaggrieved by any decision of the permit administrator with respect
to the issuance or refusal to issue, suspension or revocation of a permit may appeal that action by
filing a written notice of appeal with the city clerk. All appeals will be heard by an
administrative hearing officer appointed by the city. Upon receipt of an appeal, the
administrative hearing officer will fix a`time and.place for hearing such appeal. The city clerk
will give written notice to the appellant of the time and place;of hearing by causing the notice to
be personally served or deposited in the United States`mail at Petaluma, California, postage
prepaid, addressed to the appellant at the address provided on the written notice of appeal. The
administrative hearing officer will have authority to determine all questions raised on appeal.
8.38:190 Changes in law.
When reference is made in this chapter;to any local law or regulation, or to any state or federal
statute,regulation or other law, the reference includes any subsequent amendment or superseding
provision.
8.38.200 Enforcement and remedies
Any violation of this chapter is unlawful and a public nuisance. Provisions of this chapter are
enforceable pursuant to:chapters.1.10 through 1.16 of this code,or by any other judicial or
administrative penalties and 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 this chapter
is,deemed a public nuisance and may be enjoined by the city. Each instance of a violation of this
chapter, including each day of a continuing violation by a massage establishment or massage
professional, constitutes a separate:violation. The remedies provided by this chapter are not
intended to preclude any other remedy availablerat law or in equity.
Section 2. The City Council finds that adoption of this ordinance;is;exempt from the California
Environmental Quality Act ("CEQA"), pursuant to Sections 15061(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 legislation, sUch decision or legislation shall not affect the
validity of the remaining portions of this ordinance. The City Council of the City of Petaluma
hereby declares that it:wouldlave passed and adopted this ordinance and each and all provisions
thereof irrespective of:the fact that any one or more of said provisions be declared
unconstitutional, unlawful or otherwise invalid.
Section 4. The City.Clerk is hereby directed to publish or post this ordinance or a synopsis for
the period andin the'manner provided by the City Charter and any other applicable law.
INTRODUCED and ordered posted/published this day of , 2013.
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ADOPTED this day of 2013 by the following vote:
I AYES:
NOES:
ABSENT:
ABSTAIN:
i David G1ass, Mayor
ATTEST: APPROVED.AS TO FORM:
Claire Cooper; City Cleft Eric Danly,City Attorney
I�n
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