2008-19 Regulate Massage Services ORDINANCE NO. 2008-19
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE
ADOPTING CHAPTER 5.01 OF THE MENIFEE MUNICIPAL CODE REGULATING
MASSAGE SERVICES, AND SUPERSEDING COUNTY ORDINANCE NO. 596 (AS
AMENDED BY NO. 596.1)AND RIVERSIDE COUNTY CODE CHAPTER 5.32
THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS
The City Council finds that:
(A) The massage permitting requirements and restrictions adopted herein are
reasonably necessary to protect the health, safety and welfare of the citizens of the City of
Menifee.
(B) The City of Menifee is authorized under the State Constitution and California
Government Code § 51030, et seq., to regulate massage establishments by imposing
reasonable standards relative to the skill and experience of massage operators and massage
technicians, and reasonable conditions on the operation of the massage establishments.
(C) There is a significant risk of injury to massage clients by improperly trained
and/or educated massage technicians and this Chapter provides reasonable safeguards against
such injuries and resulting economic loss.
(D) The operation of unregulated massage establishments may result in criminal
activities on the premises of such businesses. Such increased criminal activity presents a risk to
the public health, safety and welfare. The establishment of reasonable standards for issuance of
massage related permits and restrictions on massage operations will serve to reduce the risk of
illegal activity.
(E) The restrictions and requirements set forth in this Ordinance will serve to reduce
the burdens on the Police Department and permit the deployment of the police personnel so as
to more effectively provide law enforcement services throughout the City.
(F) This Ordinance supersedes County Ordinance No. 596 (as amended by 596.1)
and Riverside County Code Chapter 532.
(G) This Ordinance must take effect immediately in order to prevent the opening or
relocation of businesses from neighboring cities and, protect health, safety and welfare in the
City of Menifee.
SECTION 2. Chapter 5.01 is added to the Menifee Municipal Code to read as follows:
Ordinance 2008-19
Chapter 5.22
- MASSAGE AND MASSAGE ESTABLISHMENTS
Sections:
5.01.010 Definitions
5.01.020 Massage Establishment permit required
5.01.030 Application for Massage Establishment permit
5.01.040 Massage Establishment permit issuance and denial
5.01.050 Massage Technician permit required
5.01.060 Application for Massage Technician permit
5.01.070 Massage Technician permit issuance and denial
5.01.080 Requirements applicable to the operation of Massage
Establishments
5.01.090 Requirements applicable to Massage Technicians
5.01.100 Health certificate
5.01.110 Transfers and changes of business
5.01.120 Fees
5.01.130 Exemptions
5.01.140 Duration and renewal of permits
5.01.150 Suspension, revocation, permit denial, and appeal
5.01.160 Violation and penalty
5.01.010 Definitions.
Unless the particular provision of the context otherwise requires, the definitions and
provisions contained in this Section shall govern the construction, meaning and application of
words and phrases used in this Chapter.
(a) "Chief of Police" shall mean and include the Captain of the Riverside County
Sheriffs Department currently designated by the Sheriff as the command officer responsible for
the City of Menifee, or his or her designated representative.
(b) "City Manager" shall mean and include the City Manager of the City of Menifee or
his or her designated representative.
(c) "City Council" shall mean and include the City Council of the City of Menifee.
(d) "Conviction" or"Convicted" shall mean and include a conviction following a plea
or verdict of guilty, or plea of nolo contendre.
(e) "Days" shall mean and include calendar days, unless otherwise specifically
stated in the text.
(f) "Employ" shall mean and include the act of employing employees and/or
contracting with independent contractors.
(g) "Employee" shall mean and include every owner, partner, manager, supervisor,
and any other person, whether paid or not, who renders massage services, or engages in
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activities that further massage services, of any nature in connection with the operation of a
massage establishment, or upon the premises of a massage establishment.
(h) "Health Department" shall mean and include the Health Services Agency of the
County of Riverside.
(i) "Manager" or "On Duty Manager" shall mean and include the person(s)
designated by the operator of the massage establishment, and qualified under this Chapter to
act as the representative and agent of the operator in managing day-today operations with the
same liabilities and responsibilities. Evidence of management includes, but is not limited to,
evidence that the individual has power to direct or hire and dismiss employees, control hours of
operation, create policy or rules or purchase supplies. A manager also may be an owner.
0) "Massage" shall mean and include any method of treating the external parts of
the body for remedial, hygienic, relaxation or any other reason or purpose, whether by means of
pressure on, friction against or stroking, kneading, tapping, pounding, vibrating, rubbing or other
manner of touching external parts of the body with the hands or with the aid of any mechanical
or electrical apparatus or appliance with or without supplementary aids such as rubbing alcohol,
liniment, antiseptic, oil, powders, creams, ointment or other similar preparations commonly used
in this practice. Outcall massage is any massage performed by a massage technician outside of
the massage establishment by which the massage technician is employed.
(k) "Massage Establishment" shall mean and include any business conducted within
the City at a fixed location where any person, firm, association, partnership, corporation or
combination of the foregoing engages in, conducts, carries on or permits to be conducted or
carried on, for money or any other consideration, administration to another person of massage,
bath or treatment involving massages or baths. For purposes of this Chapter, "massage
establishment" includes "acupressure" or "day spa" establishments, and any other kind of
business where massage is offered. "Massage establishment" does not include any kind of
business exempt under this chapter or that is otherwise currently licensed, and thereby
specifically authorized, under any provision of state or federal law, to provide massage, so long
as such business conducts massage in strict conformance with, and only to the extent permitted
by, such license. Any such exempt business shall have the burden of establishing its exemption.
(1) "Massage Technician" shall mean and include any individual who administers
massage to another individual in exchange for anything of value.
(m) "Operator" shall mean and include any owner or other person who operates a
massage establishment.
(n) "Owner" shall mean and include any person having any ownership interest in a
massage establishment, and/or any person whose name appears on the City business license
for a massage establishment.
(o) "Person" shall mean and include any individual, or corporation, partnership,
association or other group or combination of individuals acting as an entity.
(p) "Police Department" shall mean and include the Riverside County Sheriffs
Department, acting pursuant to its law enforcement contract with the City of Menifee.
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(q) "Recognized school of massage" shall mean and include any school or institution
of learning which (i) teaches, through State certified instructors, the theory, ethics, practice,
profession, and work of massage; (ii) has been approved in writing by the State of California,
pursuant to provisions of the California Education Code, including, but not limited to, Sections
94900 or 94905; and (iii) requires a resident course of study as a condition to receiving a
diploma or other evidence of graduation. A school offering a correspondence course or courses
not requiring attendance shall not be deemed a recognized school of massage for purposes of
this Chapter. The City shall have the right to confirm that the applicant has actually attended
class at a recognized school of massage.
5.01.020 Massage Establishment permit required.
It is unlawful for any person to engage in, operate, conduct or carry on, in or upon any
premises, a massage establishment within the City without first obtaining a massage
establishment permit pursuant to this Chapter, securing any necessary business license and
complying with this code and any other requirements of applicable laws or regulations. A
separate permit shall be obtained for each separate massage establishment operated by such
person. A permit to operate a massage establishment shall be valid for a period of one year,
commencing at the date of issuance.
5.01.030 Application for Massage Establishment permit.
(a) Any person desiring a permit for a massage establishment shall file a written
application on the required form with the Chief of Police who shall conduct an investigation. The
application shall be signed under penalty of perjury and shall be accompanied by the
appropriate filing fee established by resolution of the City Council. The application shall be
completed and signed by the operator of the proposed massage establishment, if a sole
proprietorship; one general partner, if the operator is a partnership; one officer or one director, if
the operator is a corporation; and one participant, if the operator is a joint venture. The
application for permit does not authorize operation of a massage establishment unless and until
such permit has been properly granted.
(b) The application shall contain or be accompanied by the following information:
1. The type of ownership of the business, (i.e. individual, partnership,
corporation or otherwise). If the applicant is a corporation, the name of the corporation shall be
set forth exactly as shown in its articles of incorporation or charter, together with the state and
date of incorporation and the names and residence addresses of each of its current officers and
directors, and of each stockholder holding more than 25% of the stock of that corporation. If the
applicant is a partnership, the application shall set forth the name and residence of each of the
partners, excluding limited partners. If it is a limited partnership, it shall furnish a copy of its
certificate of limited partnership filed with the Secretary of State. If one or more of the partners is
a corporation, the provisions of this subsection pertaining to corporations shall apply. The
applicant corporation or partnership shall designate one of its officers or general partners to act
as its responsible managing officer. Such designated persons shall complete and sign all
application forms required for an individual applicant under this Chapter, but only one
application fee shall be charged;
2. The precise name under which the massage establishment is to be
conducted;
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3. The complete address and all telephone numbers of the massage
establishment;
4. A complete current list of the names, residence addresses and copy of
driver's license or other picture identification card issued by a governmental authority, of all
proposed massage technicians, managers, operators, and employees in the massage
establishment;
5. A description of any other business operated on the same premises or
within the City of or the State of California that is owned or operated by the applicant;
6. The following personal information concerning the applicant:
(a) Full complete name and all aliases used by the applicant;
(b) Current address and all previous residential addresses for five
years immediately preceding the present address of the applicant;
(c) Acceptable proof that the applicant is at least 18 years of age;
(d) Proof of legal residency and/or the ability to legally work in the
United States;
(e) Height, weight, color of hair, eyes and gender;
(f) Two front-faced passport quality photographs at least two inches
by two inches in size;
(g) The applicant's complete business, occupation and employment
history for five years preceding the date of application, including, but not limited to, the massage
or similar business history and experience of the applicant;
(h) The complete massage permit history of the applicant, whether
such person has ever had any permit or license to conduct a massage business issued by any
governmental authority; the date of issuance of such a permit or license, whether the permit or
license was denied, revoked or suspended; and the reason therefor;
(i) All criminal convictions occurring in any state or country, including
convictions resulting from any plea of nolo contendre, within the last ten years, including those
dismissed or expunged pursuant to Penal Code § 1203.4, but excluding infraction traffic
violations, and the date and place of each such conviction and reason therefor;
0) A complete set of fingerprints taken by the Police Department;
7. The name and address of the owner and lessor of the real property upon
or in which the business is to be conducted. In the event the applicant is not the legal owner of
the property, the application must be accompanied by a copy of the lease and a notarized
acknowledgment from the owner of the property that a massage establishment will be located
on the owner's property;
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8. Authorization for the City, its agents and employees to verify all
information contained in the application, including, but not limited to, performing a complete
criminal history background check;
9. Such other identification and information as the Chief of Police may
require in order to discover the truth of the matters required to be set forth in the application;
10. A statement in writing and dated by the applicant that he or she certifies
under penalty of perjury that all information contained in the application is true and correct;
11. Statements in writing and dated by the applicant and the applicant's
designated manager(s) certifying under penalty of perjury that they:
(a) Have received a copy of this Chapter;
(b) Understand its contents; and
(c) Understand the duties of a manager.
If, during the term of a permit, the permit holder has any change in information submitted on the
original or renewal application, the permit holder shall notify the.Police Department in writing of
such change, within ten (10) business days thereafter.
12. A floor plan of the proposed massage establishment showing all interior
areas and rooms where massage will be provided, all doors, restrooms, plumbing, and any
other physical features required by the Chief of Police.
13. Insurance as set out in 5.01.080 (b)(13).
(c) The applicant, if a corporation or partnership, shall designate one or more of its
officers or partners to act as manager during business hours. If the applicant is an individual,
then that individual, or designee thereof shall act as manager. Any such designee must comply
with the requirements of this subsection C. Each person who shall serve as manager shall
complete and sign all application forms required of an individual applicant for a massage
establishment permit. However, only one application fee shall be charged. Each manager must,
at all times, meet all of the requirements of this Chapter for massage establishment permit
holders or the massage establishment permit shall be suspended until a manager who meets
such requirements is designated. If no such person is designated within ninety (90) days of
permit approval, the massage establishment permit shall be subject to suspension and
revocation. Operation of a massage establishment without a qualified manager being present is
prohibited.
(d) Notwithstanding the fact that an application filed under this chapter may be a
"public record" under Government Code § 6250, et seq., certain portions of such application
contain information vital to the effective administration and enforcement of the licensing and/or
permit scheme established herein which is personal, private, confidential, or the disclosure of
which could expose the applicant to a risk of harm. Those portions of the application which are
not subject to disclosure are: the applicant's residence address and telephone number, the
applicant's date of birth and/or age, the applicant's driver's permit and/or social security number,
and/or personal financial data. The City Council in adopting the application and licensing and/or
permit system set forth herein has determined in accordance with Government Code Section
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6255 that the public interest in disclosure of the information set forth above is outweighed by the
public interest in achieving compliance with this Chapter by ensuring that the applicant's
privacy, confidentially or security interests are protected. The City Clerk shall cause to be
redacted from any copy of a completed permit application made available to any member of the
public, the information set forth above.
5.01.040 Massage Establishment permit issuance and denial.
(a) Upon receipt of a written application for a permit, the Chief of Police shall
conduct an investigation to ascertain whether the applicant satisfies the requirements of this
Chapter. The Chief of Police shall, within sixty (60) days of receipt of an application, approve,
conditionally approve or deny the application. The sixty (60) day period may be extended for up
to sixty (60) additional days, if necessary, to complete the investigation. The Chief of Police
shall issue the permit, unless he or she makes any of the following findings:
1. The applicant, if an individual, or any of the officers or directors of the
corporation, if the applicant is a corporation; or a partner, if the applicant is a partnership, or any
person directly engaged or employed in the massage establishment, has, within ten (10)years
preceding the date of the application:
(a) Been convicted of any crime involving conduct which requires
registration under any state, federal or territorial law similar to and including California Penal
Code Section 290, or involving conduct which is a violation of the provisions of any state,
federal or territorial law similar to and including California Penal Code Sections 266(h), 266(1),
314, 315, 316, 318, 647 (a), (b) or(d); any crime or violation for which the prosecutor accepted
a plea to violation of California Penal Code Section 415, 602, or any lesser included or related
offense, or any other Penal Code or other criminal violation in satisfaction or in lieu of, or as a
substitute for, any of the foregoing crimes or Penal Code violations or for any crime involving
dishonesty, fraud, deceit, or moral turpitude.
i. In determining if the applicant pled to a lesser included or
related offense or any other offense in lieu of any of the foregoing code sections or crimes, the
Chief of Police, and any person considering this matter on appeal, may consider the underlying
facts resulting in the arrest regardless of the charge for which the applicant was convicted.
(b) Been convicted of a violation of Health and Safety Code § 11550
or any offense involving the illegal sale, distribution or possession of a controlled substance
specified in Health and Safety Code §§ 11054, 11055, 11056, 11057 or 11058;
(c) Been convicted of any offense in any other state which is the
equivalent of any of the above-mentioned offenses;
(d) Engaged in documented conduct in another jurisdiction which, if it
had occurred within the city, would constitute grounds for denial, suspension or revocation
under this Chapter;
(e) Been subjected to a permanent injunction against the conducting
or maintaining of a nuisance pursuant to California Penal Code §§ 11225 through 11235 or any
similar provisions of law in a jurisdiction outside the State of California;
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(f) Been convicted of an act involving theft, dishonesty, fraud, deceit
or moral turpitude or an act of violence, which act or acts are related to the qualifications,
functions or duties of the operator of a massage establishment, or which act or acts occurred in
connection with the operation of a massage establishment;
(g) The applicant has had a massage operator or establishment, or
massage technician permit, or other similar license or permit denied, suspended or revoked for
cause by any governmental authority;
2. The applicant is required to register under Penal Code § 290.
3. The applicant has made a false, misleading or fraudulent statement or
omission of fact to the City in the permit application process.
4. The application does not contain all of the information required or the
applicant has not satisfied the requirements of this Chapter in the time specified.
5. The massage establishment, as proposed by the applicant, does not
comply with all applicable laws and regulations, including, but not limited to, health, zoning, fire
and safety requirements, regulations and standards.
(b) If the application is denied for failure to comply with subsection 3 above, the
applicant may not reapply for a period of one (1) year from the date the application was denied.
5.01.050 Massage Technician permit required.
No person shall perform or administer a massage, including outcall massage, or
advertise to provide massage services in the City, unless such person has in effect a valid
massage technician permit issued pursuant to the provisions of this Chapter.
5.01.060 Application for Massage Technician permit.
(a) Any person desiring a massage technician permit shall file a written application
on the required form with the Police Department. The application shall be accompanied by the
appropriate filing fee established by resolution of the City Council. The application shall contain
the following information:
1. A statement of the exact location(s)where the applicant will be working
as a massage technician, including the full street address, business name, and all telephone
numbers associated with each such location, and the following personal information concerning
the applicant:
(a) Full, complete and true name, including all other names ever used
by the applicant, residential address, telephone number, and copy of driver's license or other
picture identification card issued by a governmental authority;
(b) All previous residential addresses for eight (8) years immediately
preceding the current address of the applicant;
(c) Acceptable written proof that the applicant is at least eighteen (18)
years of age;
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(d) Proof of legal residency and/or the ability to legally work in the
United States;
(e) Height, weight, color of hair and eyes and gender;
(f) Two (2)front faced passport type portrait photographs at least two
(2) inches by two (2) inches in size;
(g) The business, occupation and employment history of the applicant
for the eight (8) years immediately preceding the date of the application;
(h) The complete permit history of the applicant and whether such
person has ever had any license or permit, issued by any agency, board, city or other
jurisdiction, denied, revoked or suspended and the reasons therefor;
2. All criminal convictions occurring in any state or country, including pleas
of nolo contendre, within the last ten (10) years, including those dismissed or expunged
pursuant to Penal Code § 1203.4, but excluding traffic infractions, violations, and the date and
place of each such conviction and reason therefor;
3. A complete set of fingerprints taken by the Police Department;
4. Such other information and identification as the Chief of Police may
require in order to confirm the matters herein specified and as required to be set forth in the
application;
5. Authorization for the City, its agents and employees to verify all
information contained in the application, including, but not limited to, performing a complete
criminal history background check;
6. A statement in writing and dated by the applicant certifying under penalty
of perjury that all information contained in the application is true and correct;
7. A statement in writing and dated by the applicant certifying under penalty
of perjury that he or she:
(a) Has received a copy of this Chapter;
(b) Understands its contents; and
(c) Understands the duties of a massage technician as provided in
this Chapter;
8. The health certificate required by § 5.01.100; and
9. If, during the term of a permit, a permit holder has any change in
information submitted on the original or renewal application, the permit holder shall notify the
Police Department of such change within ten (10) business days thereafter, in writing.
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(b) Each applicant must furnish, along with his or her photograph, an original or
certified cop_ y of a diploma or certificate and certified transcript of graduation evidencing
completion of five hundred (500) hours of instruction from an approved or recognized school of
massage, where the method, practice, profession, theory, ethics, anatomical and physiological
knowledge and practice of massage is taught by state certified instructors. The applicant must
also supply a course description, an outline of material covered and a letter to the City from the
school administrator verifying completion.
1. The Chief of Police may consider an applicant's study of massage
completed outside the State of California, at a licensed educational institution if proof of
completion from a formalized course of study in massage practice, anatomy and/or physiology
is provided with the application. Proof of completion shall include dates of study and the name,
address and phone number of the school attended.
2. Any outside course of study submitted for approval shall meet the State of
California's Office of Post-Secondary Education's minimum requirements and all requirements
set forth in Subchapter 3 of Chapter 21 of Division 1 of Title 5 of the California Code of
Regulations.
(c) The applicant must also provide documentary proof of being issued a valid policy
of insurance from a company authorized to do business in the State of California evidencing that
the applicant is insured under a liability insurance policy providing minimum coverage of
$2,000,000 for personal injury or death to one person arising out of the administration of
massage. The policy must remain in full force and effect while the massage technician license is
valid and is subject to inspection and verification by the Police Department.
(d) If required by written order of the Chief of Police issued not less than sixty (60)
days prior to receipt of an application, each applicant for a new permit must pay a fee and take
and receive not less than a seventy percent (70%) score on a written and/or practical
examination conducted by the Police Department or other test administrator designated by the
Police Department. Passage of such test may be required by the Chief of Police, prior to further
processing of any application. The test administrator shall consist of a member or members
appointed by the Police Department or the County Health Officer. The test administrator shall
not be a City employee, and shall be qualified by reason of education and experience
concerning the methods and procedures used in the practice of massage. The Health Officer
and/or the Police Department shall develop and establish standards and procedures for the
panel governing the administration of examinations for applicants for a massage technician
license in order to determine whether such applicants are competent to engage in the practice
of massage, and the Health Officer and/or the Police Department shall exercise such
supervision as may be necessary to assure compliance therewith. An unsuccessful applicant
shall be entitled to receive a copy of his or her test scores, but not the examination. Applicants
wishing to take the test in a language other than English, may do so if the test is currently
available in their language. If the test is not available in the applicant's preferred language, the
applicant may pay the costs associated with having both the test and answer sheets translated
by a court-certified translator approved by the Chief of Police. The written examination may be
taken as often as is offered provided, however, that the test fee shall be paid for each test.
(e) Excepting only the requirement to file an application and fee, the Chief of Police
may waive any of the permitting requirements of this section, including testing, if he or she finds
that the applicant is currently licensed as a massage technician in another jurisdiction having
substantially the same or stricter permitting or licensing standards as are set forth in this
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Chapter. Any such waiver shall be effective only while such massage technician's other license
or permit remains current and valid.
5.01.070 Massage Technician permit issuance and denial.
(a) Upon receipt of a written application for a permit, the Chief of Police shall
conduct an investigation in such manner as he or she deems appropriate in order to ascertain
whether the applicant satisfies the requirements of this Chapter. The Chief of Police shall
approve, conditionally approve or deny the application within sixty (60) days of the filing of an
application. The sixty (60) day period may be continued for an additional thirty (30) days if
necessary to complete the investigation. The Chief of Police shall issue such permit as
requested, unless he or she makes any of the following findings:
1. The applicant has, within ten (10) years preceding the date of the
application, been convicted of any of the following:
(a) Any crime involving conduct which requires registration under any
state, federal or territorial law similar to and including California Penal Code Section 290, or
involving conduct which is a violation of the provisions of any state, federal or territorial law
similar to and including California Penal Code Sections 266(h), 266(i), 314, 315, 316, 318, 647
(a), (b)or (d); any crime or violation for which the prosecutor accepted a plea to violation of
California Penal Code Section 415, 602, or any lesser included or related offense, or any other
Penal Code or other criminal violation in satisfaction or in lieu of, or as a substitute for, any of
the foregoing crimes or Penal Code violations or for any crime involving dishonesty, fraud,
deceit, or moral turpitude.
i. In determining if the applicant pled to a lesser included or
related offense or any other offense in lieu of any of the foregoing code sections or crimes,
pursuant to any provision of this Section 5.22.070, the Chief of Police, and any person
considering this matter on appeal, may consider the underlying facts resulting in the arrest
regardless of the charge for which the applicant was convicted.
(b) A violation of Health and Safety Code § 11550 or any offense
involving the illegal sale, distribution or possession of a controlled substance specified in Health
and Safety Code §§ 11054, 11055, 11056, 11057 or 11058; or
(c) Any offense in any other state which is the equivalent of any of the
above-mentioned offenses;
2. The applicant is required to register under Penal Code § 290, or has
engaged in conduct which would constitute an offense as described in subsection 1.a., above;
3. The applicant has committed an act, which, if committed in this state
would have been a violation of law and which, if done by a permit holder under this Chapter,
would be grounds for denial, suspension or revocation of the permit;
4. The applicant has been convicted of an act involving theft, dishonesty,
fraud, deceit or moral turpitude or an act of violence, which act or acts are substantially related
to the qualifications, functions or duties of a massage technician, or which act or acts occurred
in connection with the provision of massage or the operation of a massage establishment;
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5. The applicant has had a massage establishment permit or massage
technician's permit or other similar license or permit denied, suspended or revoked for cause by
a licensing authority or by any city, county or state within ten (10) years prior to the date of the
application;
6. The applicant has knowingly made a false, misleading or fraudulent
statement or omission of fact to the City in the permit application process;
7. The application does not contain the information required by §5.01.060.
8. The applicant failed to pass any written or practical examination required
by this Chapter.
9. The applicant has not satisfied the requirements of this Chapter in the
time specified;
10. The applicant has a communicable disease that presents an
unreasonable risk of harm to the applicant or the public;
11. If the application is denied for failure to comply with subsections 6 or 7,
above, the applicant may not reapply for a period of six (6) months from the date the application
was denied.
5.01.080 Requirements applicable to the operation of Massage Establishments.
(a) Facilities.
1. Structure. Massage establishments shall be located in a zoning district
which permits such use. When a new massage establishment is proposed to be constructed, a
set of plans shall be submitted to the City for approval and shall be accompanied by the
appropriate application and plan check fee.
2. Signs; display of permits. Each operator shall post and maintain, in
compliance with all state and City laws, a readable sign identifying the premises as a massage
establishment.Neither signs nor the front of the business shall be illuminated by strobe or
flashing lights. Each operator and/or on-duty manager shall display the massage establishment
permit in a conspicuous public place in the lobby of the massage establishment. In addition,
each operator and/or on-duty manager shall ensure the massage technician permit for each
massage technician employed at the establishment (whether on-duty or not) is conspicuously
displayed in a public place in the lobby, or is contained within a clearly marked binder at the
front desk or counter, and that each massage technician is wearing or has in his/her possession
the required identification card at all times when in the massage establishment. The operator
and/or on-duty manager must also post, on a daily basis in a conspicuous public place in the
lobby, the name of the operator and on-duty manager, as well as all on-duty massage
technicians.
3. Services list. Each operator shall post and maintain a list of services
available and the cost of such services, in a conspicuous public place within the premises. No
operator or on duty manager shall permit, and no massage technician shall offer or perform, any
service other than those posted.
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4. Lighting. Each operator shall illuminate each room where massage is
given with light equivalent to a 40-watt incandescent light bulb, and shall provide sufficient
ventilation.-Such lighting and ventilation shall otherwise comply with the current Mechanical and
Building Code of the City. The lighting in each massage room shall be activated at all times
while the patron is in such room or enclosure.
5. Bath facilities. A minimum of one toilet and one separate wash basin shall
be provided for patrons in each massage establishment. Each wash basin shall be equipped
with soap or detergent and hot running water at all times and shall be located in close proximity
to the area devoted to the performing of massage services. A permanently installed soap
dispenser, filled with soap, and a single service towel dispenser shall be provided at the
restroom hand wash sink. Bar soap may not be used. A trash receptacle shall be provided in
each toilet room. Showers may be provided at the operator's option.
6. Separate rooms. If male and female patrons are to be treated
simultaneously at the same massage establishment, separate massage rooms shall be
provided for male and female patrons provided, however, that massage establishments having
separate massage rooms for male and female patrons may provide "couples massage" in a
single room, subject to the requirements of this subsection 6. Couples massage, i.e., concurrent
massage of two persons, is permitted within one room provided all other requirements of this
Chapter are satisfied including, but not limited to, provision of a separate massage table and
massage technician for each customer. Any room to be used for couples massage shall be
sufficiently sized so as to comply with any and all applicable Building and Fire Codes and to
permit free passage and movement of the massage technicians.
7. Maintenance. All facilities of the massage establishment must be in good
repair and shall be thoroughly cleaned and sanitized each day the business is in operation. All
walls, floors and ceilings of each restroom and shower area shall be made smooth and easily
cleanable. No carpeting shall be installed in any of these areas.
8. Massage table. A massage table shall be provided in each massage
room and the massage shall be performed on this massage table. The tables shall have a
minimum height of 28 inches. Two inch thick foam pads with maximum width of four feet may be
used on a massage table and must be covered with durable, washable plastic or other
waterproof material. Beds, floor mattresses and waterbeds are not permitted on the premises.
(b) Operations.
1. Equipment. Each operator and/or on duty manager shall provide and
maintain on the premises adequate equipment for disinfecting and sterilizing instruments used
in massage.
2. Inspections.
(a) By accepting a massage establishment permit, each massage
establishment permit holder consents to the routine inspection of the massage establishment,
without prior notice, by the City's Building and Safety Department, Fire Department, Police
Department and the Health Department for the purpose of determining that the provisions of this
Chapter, state law or other applicable laws or regulations are met. Routine inspections shall not
occur more than twice a year, unless violations are found or complaints are received. Criminal
investigations may be conducted at any time permitted by law. The Police Department may
4845-4266-0099.1 13
Ordinance 2008-19
inspect the occupied massage rooms for the purpose of determining that the provisions of this
Chapter are met upon occurrence of any of the conditions referenced in §5.01.080(b)(24) which
would require the posting of the Notice To All Patrons. During an inspection, the Police
Department may verify the identity of all on-duty employees.
(b) Inspections of the massage establishment shall be conducted
during business hours.
(c) No operator or manager, or his or her agent or employee, shall
refuse to permit an inspection of the massage establishment pursuant to this subsection by a
representative of the Police Department anytime it is occupied or open for business.
3. Linen. Common use of towels or linen shall not be permitted. Towels and
linen shall be laundered or changed promptly after each use. Separate cabinets or containers
shall be provided for the storage of clean and soiled linen, and such cabinets or containers shall
be plainly marked: "clean linen" and "soiled linen".
4. Sterilizing equipment. Each massage technician shall provide and
maintain at the location where the massage is performed adequate equipment for disinfecting
and sterilizing instruments used in massage.
5. Living prohibited. No person or persons shall be allowed to live inside the
massage establishment at any time. All living quarters shall be separate from the massage
establishment. No food of any kind shall be prepared for sale or sold in the establishment unless
permitted by this Code, and an appropriate food vending permit is granted by the City or County
of Riverside.
6. Alcoholic beverages/drugs; Prohibited materials. No person shall enter,
be in or remain in any part of a massage establishment licensed under this Chapter while in
possession of, consuming, using or under the influence of any alcoholic beverage or controlled
substance. The owner, operator and on-duty manager shall be responsible to ensure that no
such person shall enter or remain upon the massage establishment. Service of alcoholic
beverages shall not be permitted.
7. Recordings. No electrical, mechanical or artificial device shall be used by
the operator or any employee of the massage establishment for audio and/or video recording or
for monitoring the performance of a massage or the conversation or other sounds in the
massage rooms without the written consent of the patron.
8. Roster of employees. The owner, operator and/or manager of the
massage establishment shall maintain a roster of all employees, including operators, managers
and massage technicians, showing each name, nick-name and alias, home address, age, birth
date, gender, height, weight, color of hair and eyes, phone number, social security number, date
of employment, and duties of each employee. The foregoing roster and all information therein
shall be maintained on the premises for a period of two (2) years following the termination of
each employee. The operator or manager on duty shall make the roster immediately available
for inspection upon demand by a City or Police Department representative performing official
duties, during all hours the massage establishment is open for business. Information in the
roster shall be available for inspection only to City or Police Department representatives while
performing official duties.
4845-4266-0099.1 14
Ordinance 2008-19
9. Coverings. The massage technician shall provide to each patron clean,
sanitary and opaque coverings capable of covering areas of the patron identified as prohibited
massage areas in § 5.01.090(a)(1), including the genital area, anus and female breast(s). No
common use of such coverings is permitted, and re-use is prohibited unless adequately cleaned
and sanitized.
10. Records. Every person operating a massage establishment shall keep a
record of the dates and hours of each treatment or service, the name and address of the patron,
the name of technician administering such service and a description of the treatment or service
rendered. A short medical history form shall be completed by the operator to determine if the
patron has any communicable diseases, areas of pain, high blood pressure or any physical
condition which may be adversely affected by massage. These records shall be prepared prior
to administering any massage or treatment and shall be retained on the premises for a period of
2 years after such treatment or service. These records shall be open to inspection upon demand
only by officials charged with enforcement of this Chapter and for no other purpose. The Police
Department shall periodically inspect the records to ensure compliance with this Section. The
information furnished or secured as a result of any such records shall be used only to ensure
and enforce compliance with this Chapter or any other applicable state or federal laws and shall
remain confidential. Any unauthorized disclosure or use of such information by any person,
including any officer or employee of the City, shall constitute a misdemeanor.
11. Hours of operation. The owner must advise the City, in writing, at the
time of application for a permit of the business hours, and any change in hours occurring
thereafter. No person shall operate a massage establishment or administer a massage in any
massage establishment or at an outcall location booked by that massage establishment
pursuant to § 5.01.080(c) between the hours of 9:00 p.m. and 7:00 a.m. A massage begun any
time before 9:00 p.m. must nevertheless terminate at 9:00 p.m. All customers, patrons and
visitors shall be excluded from the massage establishment during these hours and be advised
of these hours. The hours of operation must be displayed in a conspicuous public place in the
lobby within the massage establishment and in the front window clearly visible from the outside.
12. Advertising. No permitted massage establishment shall place, publish or
distribute, or cause to be placed, published or distributed, in any publication or any website, any
advertising matter that depicts any portion of the human body that would reasonably suggest to
prospective patrons that any service is available other than those services authorized in this
Chapter. No massage establishment shall employ language in the text of such advertising that
would reasonably suggest to a prospective patron that any service is available other than those
services authorized by this Chapter.
13. Insurance. No person shall engage in, conduct or carry on the business
of a massage establishment unless there is on file with the Police Department, in full force and
effect at all times, documents issued by an insurance company authorized to do business in the
State of California evidencing that the permit holder is insured under a liability insurance policy
providing minimum coverage of$2,000,000 for personal injury or death to one person arising
out of the operation of the massage establishment and/or the administration of any massage.
Evidence of the required insurance shall be provided to the Chief of Police at the time an initial
application, or renewal application, is filed.
14. Compliance with the Americans With Disabilities Act and related laws. All
massage establishments must comply with all state and federal laws and regulations providing
for access to and receipt of services by disabled persons.
4845-4266-0099.1 15
Ordinance 2008-19
15. Municipal Code Compliance. Proof of compliance with all applicable
provisions of the Code shall be provided upon request by the Police Department.
16. Doors. All front, reception, hallway or front exterior doors (except back or
exterior doors used solely for employee entrance to and exit from the massage establishment)
shall be unlocked during business hours, except as may be permitted by applicable law (such
as the City Fire Code) which allow for safety doors that may be opened from the inside when
locked. No massage may be given within any cubicle, room, booth or any other area within a
massage establishment that is fitted with a lock of any kind (such as a locking door knob,
padlock, dead bolt, sliding bar or similar device), unless the door is an exterior door.
17. Access. No customer shall be permitted to be within a massage
establishment except within the lobby/reception area, or area where such customer is receiving
massage services, during hours of operation. No entry doors to any room shall be obstructed
by any means.
18. Discrimination. No massage establishment may discriminate or exclude
patrons on the basis of their race, sex, religion, age, disability or any other classification
protected under federal or state laws, rules or regulations.
19. Prohibited massage areas. No massage technician or other person shall
massage the genitals or anal area of any patron or the breasts of any female patron, nor shall
any owner, operator or manager allow or permit such massage. No operator, manager or
employee while performing any task or service associated with the massage business, shall be
present in any room with another person unless the person's genitals, gluteal crease, anus and,
in the case of a female, her breasts, are fully covered.
20. Clothing. All persons employed in a massage establishment shall be fully
clothed at all times while acting on behalf of the business or performing under the massage
establishment permit. Clothing shall be of a fully opaque, non-transparent material and shall
provide complete covering of the genitals, pubic area, buttocks, anal area and chest area.
21. Names. No person granted a permit pursuant to this Chapter shall use
any name or conduct business under any designation not specified in his or her permit.
22. Responsibility for conduct of massage establishment. The owner,
operator and on duty manager shall be jointly responsible for the conduct of all employees while
the employees are on the premises of the massage establishment. Any act or omission of an
employee constituting a violation of any provision of this Chapter shall be deemed to be an act
or omission of the owner, operator and on duty manager for purposes of determining whether
the massage establishment permit should be suspended or revoked, or an application for such
permit or renewal thereof, denied.
23. Licensed Massage Technicians. No owner or operator shall employ any
person as a massage technician who does not have a valid massage technician permit issued
pursuant to this Chapter. Every operator shall report to the Chief of Police any change of
employees, whether by new or renewed employment, discharge or termination, on the form and
in the manner required by the Chief of Police. The report shall contain the name of the
employee and the date of hire or termination. The report shall be made within five (5) business
days of the date of hire or termination.
4845-4266-0099.1 16
Ordinance 2008-19
24. Notices. In the event that any employee of the massage establishment or
any person-who has been aided and abetted by an employee of the massage establishment has
been found, after full hearing by administrative proceeding or state court, to have violated any of
the offenses listed in §§ 5.01.040(a)(1) or 5.01.070(A)(1), then the Chief of Police may require
posting of the following notice:
NOTICE TO ALL PATRONS - THIS MASSAGE ESTABLISHMENT AND THE MASSAGE
ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY
THE POLICE DEPARTMENT WITHOUT PRIOR NOTICE.
(a) The notice set forth above shall be prepared and issued by the
Chief of Police.
(b) The notice shall be conspicuously posted in locations within the
massage establishment that are easily visible to any person entering the premises and in each
massage room. The notice shall be posted for twelve (12) months following the date of the
offense.
(c) The requirement for posting the notice described in this Section is
cumulative and in addition to all other remedies for violations, and penalties, set forth in this
Chapter or otherwise in the ordinances, laws, rules or regulations of the City of Menifee, County
of Riverside and the State of California.
25. Licensed massage technician on premises. No massage establishment
permitted hereunder shall be open for business without having at least one massage technician
holding a current valid permit for the specific establishment immediately available when the
establishment is open.
26. Compliance with all laws. Each owner, operator and on-duty manager
shall at all times comply with all provisions of this Chapter and all other applicable provisions of
the Code, all conditions of any required zoning approvals, conditions imposed by the Chief of
Police, and all state and federal laws, statutes and regulations.
5.01.090 Requirements applicable to Massage Technicians.
(a) All massage technicians shall comply with the following requirements and any
other conditions imposed by the Chief of Police on issuance of the massage technician's permit.
1. Prohibited massage areas. No massage technician or other person shall
massage the genitals or anal area of any patron or the breast(s) of any female patron. No
massage technician or other person, while performing any task or service associated with the
massage business, shall be present in any room with another person unless the person's
genitals, gluteal crease, anus or, in the case of a female, her breasts, are fully covered.
2. Coverings. The massage technician shall provide to each patron clean,
sanitary and opaque coverings capable of covering areas of the patron identified as prohibited
massage areas in § 5.01.090(a)(1), including the genital area, anus and female breasts. No
common use of such coverings is permitted, and re-use is prohibited unless adequately cleaned
and sanitized. No massage technician shall massage any patron unless the person's genitals,
4845-4266-0099.1 17
Ordinance 2008-19
gluteal crease, anus and, in the case of a female, her breasts, are fully covered at all times
while the technician or other employee is present in the same room as the patron.
3. Identification cards. The massage technician shall wear or have in
his/her possession a photo identification card prepared and issued by the Police Department at
all times when present in the massage establishment. Such identification shall'be provided to
City regulatory officials upon demand. When worn, the identification card shall be worn on outer
clothing with the photo side facing out. If a massage technician changes his or her business
address, he or she shall, prior to such change, obtain from the Chief of Police a new photo
identification card and advise the Police Department, in writing, of the new business address.
4. Massage locations. Massage technicians shall not perform any massage
at any location other than the massage establishment specified on the permit, or at an
authorized outcall location booked by that massage establishment.
5. Names. While on duty, the massage technician shall not use any name
other than that specified on his or her photo identification card.
6. Clothing. Massage technicians and all massage establishment
employees shall be fully clothed at all times while within a massage establishment or performing
services under a massage establishment permit. Clothing shall be of a fully opaque, non-
transparent material and provide complete covering of the genitals, pubic area, buttocks, anal
area and chest area.
7. Inspections. By accepting a massage technician permit, each massage
technician consents to the inspection of the massage establishment by the City's Building and
Safety, Fire Department, Police Department, Code Enforcement and the Health Department for
the purpose of determining that the provisions of this Chapter or other applicable laws or
regulations are met. The massage technician further consents to the inspection of the occupied
massage rooms by the Police Department for the purpose of determining that the provisions of
this Chapter are met upon occurrence of any of the conditions which would require the posting
of the Notice to All Patrons.
8. Every massage technician licensed under this Chapter shall annually
complete at least twelve (12) hours of continuing education courses in massage from a
recognized school of massage or equivalent organization as approved by the Chief of Police.
Failure to complete such hours and submit proof of such completion in a form satisfactory to the
Chief of Police at the time of permit renewal shall be grounds for denial of permit renewal. The
minimum requirement of twelve (12) hours of continuing education courses to renew a permit is
based on a five-hundred hour education recommendation for membership in the American
Massage Therapists Association (AMTA). If recommended hours of education for membership
in the AMTA increase, the number of continuing education hours for renewal of permits under
this Section shall increase by two (2) hours for each additional one-hundred (100) education
hours required for membership in the AMTA.
4845-4266-0099.1 18
Ordinance 2008-19
5.01.100 Health certificate.
(a) Before issuing or renewing a massage technician permit, the Chief of Police shall
submit the name and address of the applicant to the County Health Officer and shall advise the
applicant that he or she must report for examination at the County Health Office or, alternatively,
the applicant may report to a private medical doctor duly licensed to practice medicine in the
State of California for examination. The Chief of Police shall not issue the permit until advised
that the applicant has been examined by the County Health Officer or his or her private
physician and has been found to be free of any contagious or communicable disease as defined
in this Chapter.
(b) In addition to the above requirements, upon submission of an initial application
for a massage technician permit or upon annual renewal thereafter, the applicant shall submit to
the Chief of Police a certificate from a medical doctor stating that the applicant has, within fifteen
(15) days immediately prior thereto, been examined and found to be free of any contagious or
communicable disease as defined in this Chapter; and if said applicant is not so found free of
any contagious or communicable disease, his or her permit shall be denied or revoked by the
Chief of Police. Failure to provide such health certificate shall result in revocation of the
massage technician permit.
(c) For purposes of this Chapter, contagious and communicable diseases shall
include tuberculosis and hepatitis A, B and C.
(d) Notwithstanding the above, if a person with a communicable disease wishes to
be considered for licensing by the City, such individual may provide a report from an appropriate
medical specialist concluding that, based upon a recent physical and review of medical records,
allowing such individual to practice massage therapy would not interfere with the individual's
treatment or health and that the individual's practice of massage therapy would not create a risk
to patients, including patients with compromised immune systems. The report shall include any
precautions recommended by the medical specialist. The Chief of Police shall consider the
report and shall issue the permit within fifteen (15) days unless he or she finds that the risk of
harm to the applicant or to massage customers if the permit is granted would be significant.
(e) The report or certification of an appropriate medical specialist must provide a
description of his/her specialty and practice and include a detailed description of the physical
and medical history he/she conducted, including the results of any tests for such individual. Any
and all records provided by an applicant pursuant to this section shall be maintained as
confidential medical records.
5.01.110 Transfers and changes of business.
(a) Every owner and operator shall report immediately to the Police Department any
and all changes of ownership or management of the massage establishment or business,
including, but not limited to, changes of manager or other person principally in charge,
stockholders holding more than 25% of the stock of the corporation, officers, directors and
partners, and any and all changes of name, style or designation under which the business is to
be conducted and all changes of address or telephone numbers of the massage business. A
change of location of any of the premises may be approved by the Chief of Police provided
there is compliance with all applicable regulations of the City.
4845-4266-0099.1 19
Ordinance 2008-19
(b) No massage establishment permit may be sold, transferred or assigned by a
permit holder, or by operation of law, to any other person or persons. Any such sale, transfer or
assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a
voluntary surrender of such permit and such permit shall thereafter be null and void; provided
and excepting, however, that if the permit holder is a partnership and one or more of the
partners should die, one or more of the surviving partners may acquire, by purchase or
otherwise, the interest of the deceased partner or partners without effecting a surrender or
termination of such permit, and in such case, the permit, upon notification to the Chief of Police,
shall be placed in the name of the surviving partners. No massage technician permit may be
sold, transferred or assigned by a permit holder or any operation of law to any other person or
persons.
5.01.120 Fees.
The City Council shall establish by resolution, and from time to time may amend, the
fees for the administration of this Chapter, including required testing. Fees required by this
Chapter shall be in addition to any required under any other chapter of this code.
5.01.130 Exemptions.
(a) The provisions of this Chapter shall not apply to the following classes of
individuals or businesses while engaged in the performance of the duties of their respective
professions:
1. Physicians, surgeons, chiropractors, osteopaths, acupuncturists and
physical therapists who are duly licensed to practice their respective professions in the State of
California, provided such professionals are performing massage, as defined in this Chapter, at a
licensed business as part of and to the extent permitted by their respective professions, and
further provided massage is not being performed at any time by massage technicians or other
persons who are required to obtain a massage technician permit pursuant to this Chapter;
2. Registered and licensed vocational nurses working on the premises of,
and under the direct supervision of, a State licensed physician, surgeon, chiropractor or
osteopath. Practical nurses or other persons that do not meet the requisite qualifications to
obtain a massage technician permit under this Chapter, or any other person otherwise licensed
by the State of California, whether or not employed by a physician, surgeon, chiropractor or
osteopath, may not provide massage services or act as a massage technician;
3. Barbers and cosmetologists, licensed by the State of California, and
persons licensed by the State of California to provide skin care (estheticians) or nail care
(manicurists), as defined and to the extent provided in Business and Professions Code Section
7316, or any successor provision thereto, as follows:
(a) Barbers may massage the face and scalp;
(b) Cosmetologists may massage the scalp, face, neck, arms, hands,
legs below the knee, feet, and the body extending from the clavicles upward;
(c) Estheticians may massage the face, neck, arms and the body
extending from the clavicles upward;
4845-4266-0099.1 20
Ordinance 2008-19
(d) Manicurists may massage the hands, legs below the knee and
feet.
State licensed barbers, cosmetologists, estheticians and manicurists are subject to the
exemption provided by this subsection 3 only while providing other barbering, cosmetology, skin
care or nail care services in a facility licensed by the City of Temecula to provide such services.
The provisions of this subsection 3 apply to apprentices of any of the foregoing who are
licensed by the State of California, but only while performing barbering, cosmetology, skin care
or nail care services under the direct supervision of a barber, cosmetologist, esthetician or
manicurist who is subject to the exemption provided by this subsection.
4. Hospitals, nursing homes, sanitariums, or other health care facilities duly
licensed by the State of California;
5. Fully accredited high schools,junior colleges, and colleges or universities
whose athletic coaches and trainers are acting within the scope of their employment;
6. Trainers of amateur, semiprofessional or professional athletes or athletic
teams;
7. Massage conducted in the course of education at any recognized school
of massage, as defined herein.
8. "Chair massage", i.e., massage of the body from the waist up, to a person
seated in a chair, provided by a City-permitted massage technician, provided the customer and
massage technician are fully clothed and the massage is provided in full compliance with
§5.01.090(a)(1) (no massage of prohibited massage areas.)
9. Persons and businesses exempt from the permitting requirements of this
Chapter, pursuant to any State or Federal law that expressly preempts the permit requirements
set forth in this Chapter, but only to the extent of such preemption. Any business or person
claiming to be exempt pursuant to this subsection 9 shall have the burden of establishing the
applicability of such exemption.
(b) The provisions of this Chapter shall not apply to massage services provided by
the City or by any City-authorized person, group, entity, business or organization as part of an
official City program or function approved in writing by the City Manager.
5.01.140 Duration and renewal of permits.
(a) Permits for massage establishments and technicians may be renewed on a year-
to-year basis provided the permit holder continues to meet the requirements of this Chapter.
(b) Applications for the permit renewal shall be filed with the Chief of Police at least
sixty (60) days prior to expiration of the existing permit, otherwise the permit will lapse. At the
discretion of the Chief of Police, a conditional permit pending satisfactory completion of the
renewal application process may be issued to renewal applicants who have no permit
revocation or suspension proceedings pending at the time of filing of the renewal application.
4845-4266-0099.1 21
Ordinance 2008-19
(c) Renewal applications shall set forth such information as may be required by the
Chief of Police to update and verify the information contained in the original permit application.
The applicant shall pay a new application fee when applying for renewal.
5.01.150 Suspension, revocation, permit denial, and appeal.
(a) Violation and noncompliance. The Chief of Police may determine not to renew a
permit or may revoke or suspend an existing permit on the grounds that the applicant or permit
holder has failed to comply with the permit conditions or other requirements of this Chapter. If a
suspended permit lapses during the suspension period, a new application must be made at the
end of the suspension period. In any such case, the applicant or permit holder shall have the
right to appeal in the time and manner set forth in this Section.
permit.
(b) Revocation, suspension, and denial of renewal of massage establishment permit.
1. The Chief of Police may revoke or refuse to renew a massage
establishment permit if he or she finds that any owner or operator: (i) no longer satisfies the
requirements of this chapter, or (ii) has engaged in or permitted conduct that would be grounds
for denial of a permit, or (iii) has engaged in or permitted conduct that would be a material
violation of this chapter, as applies to massage technicians performing outcall massage; or(iv)
has violated any provision of this Chapter within one year following suspension under
subsection 2 below; or (v) has demonstrated an inability to operate or manage the massage
establishment in a law abiding manner, thus necessitating one or more criminal investigations of
the establishment by law enforcement officers.
2. The Chief of Police also may suspend a massage establishment permit
for a period of thirty (30) days for violation of any subsection of§ 5.01.080.
(c) Revocation, suspension, and denial of renewal of massage technician permit.
1. The Chief of Police may revoke or refuse to renew a massage technician
permit if he or she finds that the technician: (i) no longer satisfies the requirements of this
chapter, or(ii) has engaged in conduct that would be grounds for denial of a permit, or(iii) has
engaged in conduct that would be a material violation of this chapter, or(iv) has violated any
provision of this Chapter within one (1) year following suspension under subsection 2 below.
2. The Chief of Police may suspend a massage technician permit for a
period of 30 days for any violation of any section or subsection of this Chapter.
(d) Notice. When the Chief of Police concludes that grounds for denial of a new
permit or permit renewal, or permit suspension or revocation exist, the Chief of Police shall
serve the applicant or permit holder, either personally or by certified mail addressed to the
business or residence address of applicant or permit holder, with a Notice of Denial of Permit, or
Notice of Intent to Suspend, Revoke or Deny Renewal. This Notice shall state the reasons for
the decision, the effective date of the decision, the right of the applicant or permit holder to
appeal the decision to a Hearing Officer, and that the decision will be final if no written appeal is
filed within the time permitted.
(e) Appeal.
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Ordinance 2008-19
1. The right to file a written appeal shall terminate upon the expiration of
fifteen (15) days of the date of mailing by the Chief of Police of the Notice specified in
subsection-D, above. The written appeal shall be filed with the City Clerk of the City and shall be
accompanied by an appeal fee in an amount as set by City Council resolution, and the City
Clerk shall promptly forward a copy of the appeal to the Chief of Police.
2. In the event an appeal is timely filed, the denial of renewal, suspension or
revocation shall not be effective until a final decision has been rendered by the Hearing Officer.
Notwithstanding the foregoing, if the Chief of Police finds and determines that permitting a
massage establishment to continue to operate, or a massage technician to continue to provide
massage, pending the appeal hearing, would present an unreasonable and immediate risk to
the public health and safety, the denial of renewal, suspension or revocation may take effect
immediately. If no timely appeal is filed, the denial of renewal, suspension or revocation shall
become effective upon expiration of the period for filing appeals.
3. Upon receipt of a timely appeal, the City Clerk shall make arrangements
for the selection of a Hearing Officer to conduct the Appeal Hearing. Not less than fifteen (15)
days prior to the Appeal Hearing, the City Clerk shall notify the Chief of Police and the Appellant
of the names of three qualified attorneys or retired Superior Court or Appellate Court judges
submitted to the City Clerk by a reputable firm providing mediators and arbitrators to serve as a
panel from which the Hearing Officer will be selected. Within five (5) days of the date of mailing
the notice of the available panel, the Chief of Police and the Appellant each may notify the City
Clerk in writing that he or she elects to remove one of the three potential Hearing Officers. The
City Clerk shall then request the mediation and arbitration firm to select one of the remaining
names on the list as the designated Hearing Officer for the Appeal Hearing. The Hearing Officer
shall be fair and impartial and shall have no bias for or against the Chief of Police or the
Appellant.
4. At the Appeal Hearing, the Hearing Officer shall receive oral and written
evidence from the Chief of Police and the Appellant. The Hearing Officer shall have authority to
administer oaths to those persons who will provide oral testimony. The evidence presented
need not comply with the strict rules of evidence set forth in the California Evidence Code but
shall be the type of evidence upon which reasonable and prudent people rely upon in the
conduct of serious affairs. The Hearing Officer shall have broad authority to control the
proceedings and to provide for cross examination of witness in a fair and impartial manner. The
Chief of Police shall have the burden of proof to establish by clear and convincing evidence the
facts upon which his decision is based. The Appeal Hearing shall be recorded by audio
recording. Any party may, at its sole cost and expense, utilize the services of a certified court
reporter to prepare the verbatim record of the hearing. If a court reporter is used, the transcript
prepared shall be made available for purchase to both parties. The Hearing Officer may
continue the Appeal Hearing from time to time, but only upon written motion of a party showing
good cause for the continuance.
5. The Hearing Officer may uphold, modify or reverse the decision of the
Chief of Police. Within ten (10) days of the conclusion of the Appeal Hearing, the Hearing
Officer shall render his or her decision and make written findings supporting the decision. He or
she shall send the decision to the City Clerk. Upon receipt of the Hearing Officer's Decision, the
City Clerk shall send a copy of it to the Chief of Police and the Appellant, along with a proof of
mailing.
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Ordinance 2008-19
6. Any legal action challenging the Hearing Officer's decision shall be filed
within ninety (90) days of the date of the proof of service of mailing of the Hearing Officer's
opinion, pursuant to § 1094.5, et seq. of the California Code of Civil Procedure. The City
Manager's decision shall be final and effective upon mailing of the opinion. If the Appellant
prevails following a final decision, the appeal fee shall be returned.
5.01.160 Violation and penalty.
(a) Violation of any provision of this Chapter is a misdemeanor and is subject to
enforcement pursuant to the provisions of this Code. The provisions of this Chapter may be
enforced by members of the Riverside County Sheriffs Department, persons employed by the
City whose job descriptions require the person to enforce the provisions of this Code, including
but not limited to code enforcement officers.
(b) Any massage establishment operated, conducted or maintained contrary to the
provisions of this Chapter shall be, and the same is declared to be, unlawful and a public
nuisance, and the City may, in addition to or in lieu of prosecuting a criminal or administrative
action hereunder, commence an action or actions, proceeding or proceedings for the
abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such
other steps and shall apply to such court or courts as may have jurisdiction to grant such relief
as will abate or remove such massage establishment businesses and restrain and enjoin any
person from operating, conducting or maintaining a massage establishment or contrary to the
provisions of this Chapter."
SECTION 3: TIME FOR COMPLIANCE. Commencing on the effective date of this
Ordinance and Chapter hereby adopted, all permits are to be issued in accordance with the
provisions of said Chapter.
Any existing massage practitioners' and/or technicians' permits that are valid and in
good standing as of the effective date of this Ordinance, shall continue in effect until expiration,
provided the affiliated massage establishment permit remains valid. All existing and validly
permitted massage practitioner or technician permit holders shall have an additional three (3)
years from the effective date of this Ordinance to meet and comply with the 500-hour training
and testing requirement (if testing is required.) provided, however, that the 500-hour training and
testing requirement of this Ordinance shall not apply if during this period the Massage Therapy
Organization of the State of California established pursuant to the provisions of Chapter 384 of
the Statues of 2008, Chapter 10.5 of the Business and Professions Code, commencing at
Section 4600 ("SB 731") has implemented its certification program pursuant to SIB 731 and
such massage practitioner or massage technician is certified by the Massage Therapy
Organization.
Each massage establishment permit holder legally doing business as of the effective
date of this Ordinance shall apply for a new permit not later than one-hundred twenty (120) days
from said date, and shall comply with all new permit holder requirements for issuance of a
permit before such a new permit may be issued. Notwithstanding the foregoing, in order to avoid
a lapse of permit, owners and operators having massage establishment permits that will expire
within said 120 day period must apply for a new permit within such time as is provided for a new
permit application to be processed in accordance with this Ordinance. If a permit is denied for
any such business, the business shall cease operation upon issuance of the decision of the
Chief of Police, unless a timely appeal is filed in accordance with the Chapter adopted hereby.
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Ordinance 2008-19
In such case, the business shall cease operation if and when there is a final decision upholding
the decision of the Chief of Police.
SECTION 4. EFFECTIVE DATE. This Ordinance is necessary to protect the health,
safety and welfare of resident of the City and shall take effect immediately upon adoption.
SECTION 5. SEVERABILITY. The City Council declares that, should any article,
provision, section, paragraph, sentence or word of this Ordinance hereby adopted be or
declared invalid by any final court action in a court of competent jurisdiction, or by reason of any
preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of
the Chapter hereby adopted shall remain in full force and effect.
SECTION 6: The City Clerk shall certify to the adoption of this Ordinance and cause it
to be posted as required by law.
PASSED, APPROVED, AND ADOPTED this 16th day of December, 2008 by the
Wallace W. Edgerton,
ATTEST:
Kathy Bennett
Approved as to form:
/Ia cktgjo
Eliza th Marlyn
City Attorney
4845-4266-0099.1 25