CC Ordinance 2124
ORDINANCE NO. 2124
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AMENDING CHAPTER 5.48 OF THE CAMPBELL MUNICIPAL CODE, "MASSAGE
ESTABLISHMENTS AND THERAPISTS
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: Chapter 5.48 is hereby amended to read as set forth In Exhibit A
attached hereto;
SECTION TWO: This ordinance shall become effective thirty days following its passage
and adoption and a summary shall be published one time within fifteen (15) days in the
Campbell Express, a newspaper of general circulation in the City of Campbell, County
of Santa Clara.
PASSED AND ADOPTED this
following roll call vote:
3rd
day of
November
, 2009 by the
AYES : Councilmembers:
Kotowski, Furtado, Baker, Kennedy
NOES : Councilmembers:
None
None
ABSENT: Councilmembers:
ABSTAIN: Councilmembers: Low
ATTEST:tl~
ne Bybee, City Clerk
Exhibit A to Ordinance
Chapter 5.48 MASSAGE ESTABLISHMENTS AND THERAPISTS
Sections:
5.48.010 Purpose and intent.
5.48.020 Definitions.
5.48.030 Permit required.
5.48.040 Land use and zoning requirements.
5.48.042 Stay on issuance of therapist permits; State Massage Certification required.
5.48.050 Educational and examination requirements.
5.48.060 Exemption.
5.48.062 Registration of State Certified Therapists.
5.48.070 Application for an establishment permit or therapist permit.
5.48.080 Annual renewal application.
5.48.090 Permit fee.
5.48.1 00 Permit referral.
5.48.110 Action by the chief of police on permit application.
5.48.120 Issuance of permit.
5.48.130 Appeal.
5.48.140 Revocation of permit.
5.48.150 Immediate suspension of permit.
5.48.160 Massage therapist trainee permit.
5.48.170 Permits nontransferable.
5.48.180 Notice of employees' status.
5.48.190 Application of chapter to preexisting businesses.
5.48.200 Prohibited acts.
5.48.210 Operating requirements, general.
5.48.220 Facility requirements.
5.48.230 Inspection by officials.
5.48.240 Hot tub, sauna, and tanning establishments.
5.48.250 Out call massage services.
5.48.260 Chair massage services.
5.48.270 Penalties for violation.
5.48.010 Purpose and intent.
Government Code Sections 51030-51034 provide authority for the legislative bodies of
California cities to license and regulate the business of massage. In enacting this chapter, the city
council recognizes that massage is a viable professional field offering the public valuable health
and therapeutic services. The city council further recognizes that unless properly regulated, the
practice of massage and the operation of massage establishments may be associated with
unlawful activity and pose a threat to the quality of life in the community. Therefore, it is the
purpose and intent of this chapter to regulate massage establishments and practices in order to
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protect public health, safety, and welfare. The regulations of this chapter are intended to reduce
or prevent blight, protect and preserve the quality of commercial and residential properties, and
deter criminal activity.
5.48.020 Definitions.
For the purposes of this chapter, unless the context clearly requires a different meaning, the
words, terms and phrases set forth in this chapter shall have the meanings given to them in this
section:
(a) "Chief of police" means the chief of the Campbell police department or his/her designee,
including a police officer who is responsible for receiving applications and required fees and
processing permit applications as required by this chapter;
(b) "For compensation" means the exchange of massage services for money, goods, or other
services. An establishment or person cannot avoid the requirements of this chapter by offering
free massage in conjunction with other services or goods provided to a client or customer for
compensation;
(c) "Managing employee" means any employee of a massage establishment who has
responsibility for supervising, directing, or assigning work to massage therapists;
(d) "Massage" means any method of pressure on, or friction against, or stroking, kneading,
rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body with
the hands or any other parts of the body or with the aid of any mechanical or electrical apparatus
or other appliances or devices, with or without the use of oils, creams, tonics, lotions, antiseptics,
tanning products, or other similar preparations. Massage shall further include baths, including
aromatherapy, vapor, shower, electric tub, sponge, hot towels, sauna, steam, or any other type of
bath where the essential nature of the service involves any method of pressure or friction against,
or stimulating the external parts of the human body, with the hands or any other parts of the
body;
(e) "Massage establishment" means an establishment having a fixed place of business where
any person, firm, association or corporation practices or otherwise permits massage for
compensation. For the purposes of this chapter, the term "massage establishment" includes
establishments that offer services such as relaxation, hot tub, towel wraps, baths, health
treatments, tanning, or any service where the essential nature of the interaction between the
employee and the customer involves a massage. A "massage establishment" does not include a
sole proprietorship if (1) there is only one owner, (2) the owner is the only person that provides
massage services, and (3) the owner has a State Massage Certification;
(t) "Massage therapist" or "massage therapist trainee" means any person who, for any type of
compensation, or as part of a business or commercial transaction, practices massage.
(g) "Out call massage" means providing massage services for compensation, or as part of a
business or commercial transaction at a location other than at a permitted massage establishment;
(h) "Operator" means any individual who has any ownership interest in the massage
establishment;
(i) "Permit" means a written document issued in accordance with this chapter authorizing the
holder to engage in the business specified in the document. Three types of permits are issued
pursuant to this chapter: establishment permits, therapist permits, and trainee permits;
G) "Recognized school of massage" means any school or institution ofleaming which:
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(1) Is approved under the California Education Code, Section 94311, as a vocational or
postsecondary institution, or if the school is not located in California, has complied with
standards commensurate with those required in Section 94311; and,
(2) Is recognized by a national professional massage or body therapy organization.
Any school or institution of learning allowing correspondence course credit not requiring actual
attendance at class shall not be deemed a "recognized school of massage;"
(k) "State Massage Certification" means a current, unexpired certification issued pursuant to
Chapter 10.5 of Division 2 of the California Business and Professions Code;
(1) "Trainee permit" means a permit issued by the chief of police authorizing an individual,
who is in the process of completing the educational requirements leading to the practice of
massage therapy, to practice massage for a limited period of time not to exceed twelve months. A
trainee permit is non-renewable. Trainee permits are not issued for out call massage services;
(m) "Working under the supervision" means that the massage therapist trainee has his/her work
directed by:
(1) A professional licensed to practice any healing art under the provisions of Division 2
(commencing with Section 500) of the California Business and Professions Code; or
(2) A professional licensed to practice any services under the California Barbering and
Cosmetology Act (Business and Professions Code Section 7301 et seq); or
(3) A massage therapist who is licensed, permitted, or otherwise authorized to practice massage
under this chapter or under the local or state regulations applicable to the establishment in which
the therapist practices.
5.48.030 Permit required.
Except as otherwise provided in this Chapter:
(a) It is unlawful for any owner, operator, officer, director, or managing employee of a massage
establishment to operate or permit the operation of such business without a valid massage
establishment permit as required by this chapter;
(b) It is unlawful for the owner, operator, officer, director, or managing employee of a massage
establishment to provide or permit the provision of massage services by any person who does not
hold a valid massage therapist or trainee permit or State Massage Certification as required by this
chapter;
(c) It is unlawful for any person to provide massage services without a valid massage therapist
or trainee permit as required by this chapter, or State Massage Certification;
(d) It is unlawful for any person to provide out call massage services without a valid massage
therapist permit endorsed for out call massage services or State Massage Certification.
5.48.040 Land use and zoning requirements.
The premises and property on which the premises occupied by a massage establishment are
located must conform with all applicable land use and zoning requirements.
5.48.042 Stay on issuance of therapist permits; State Massage Certification required.
The City shall not issue any therapist permits or trainee permits at any time during which the
State Massage Certifications are being issued. Anyone required by this chapter to obtain a
therapist permit, trainee permit or State Massage Certification must obtain and possess a State
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Massage Certification at all times during which the State of California is engaged in the issuance
of such State Massage Certifications.
5.48.050 Educational and examination requirements.
(a) Education Requirements. Applicants for a massage therapist permit must meet one of the
following educational standards:
(1) Possession of a diploma or certificate of graduation from a recognized school of massage,
college, junior college, or university, which shows satisfactory completion of at least three-
hundred hours of non-repetitive curriculum in anatomy, physiology, hygiene, sanitation, and the
theory, history, ethics and practice of massage; or possession of a diploma or certificate of
graduation from a recognized school of massage, college, junior college or university which
shows satisfactory completion of a least two-hundred hours of a non-repetitive curriculum in
anatomy, physiology, hygiene, sanitation, and the theory, history, ethics and practice of massage
and at least one-hundred hours of documented experience working under the supervision of a
professional as defined in Section 5.48.020(k); or,
(2) Certification by the National Certification Board for Therapeutic Massage and Bodywork;
(b) Written and practical examination requirements.
(1) Except where exempt under paragraph Section 5.48.050(c) below, all applicants for an
establishment permit or therapist permit must take a written examination and a practical
examination to demonstrate a basic knowledge of anatomy, physiology, hygiene, and the practice
of massage. The written examination will be available in English. The applicant may, at his/her
own expense, make arrangements with a certified or registered interpreter to interpret the
examination. Proof of certification or registration from the California Cooperative Personnel
Services, from the California State Judicial Council, or from an accredited college offering a
certification program in interpretation/translation must be provided to the chief of police prior to
the administration of the written examination or practical examination. The applicant may use a
translation dictionary during the written examination. Electronic dictionaries, definition
dictionaries, or dictionaries containing written notes or additional text will not be allowed. A
medical practitioner appointed by the chief of police shall administer the practical examination
on behalf of the city of Campbell.
(2) If the applicant fails the examination, the applicant shall be permitted to retake the
examination once after at least thirty days, but no more than sixty days have elapsed from the
date of the first examination, subject to applicable fees and requirements. If the applicant fails
the examination a second time, the application for an establishment permit or a therapist permit
shall be denied, and the applicant shall be ineligible to apply for an establishment permit or a
therapist permit for a period of one year from the date of the second examination.
(c) Exemption from educational and practical examination requirement.
(1) An applicant for an establishment permit shall be exempt from the educational, written and
practical examination requirement if the applicant signs a declaration under penalty of perjury
that he/she will not personally engage in the practice of massage services.
(2) An applicant for an establishment permit or therapist permit shall be exempt from the
written examination requirement if the applicant provides proof of certification by the National
Certification Board for Therapeutic Massage and Bodywork.
(3) An applicant for an establishment permit shall be exempt from the educational, written and
practical examination requirement if the applicant provide proof of State Massage Certification,
as set forth in section 5.58.062 of this chapter.
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5.48.060 Exemption.
(a) No establishment permit, therapist permit or trainee permit shall be required ofthe
following persons when practicing massage within the scope of his/her license:
(1) Any barber, cosmetologist, esthetician, manicurist, electrologist, apprentice barber
instructor, or cosmetology instructor licensed under the California Barbering and Cosmetology
Act (Business and Professions Code Section 7301 et seq.);
(2) Any person licensed to practice any healing art under the provisions of Division 2
(commencing with Section 500) of the California Business and Professions Code.
(b) No establishment permit shall be required for the following persons while engaging in the
performance of duties of their respective professions:
(1) Massage therapists, in possession of a valid massage permit, while performing massage in
the offices of a licensed physician, surgeon, chiropractor or osteopath and while under the direct
supervision and medical recommendation of such licensed medical professional;
(2) Nurses, physical therapists, or occupational therapists who are duly licensed to practice their
professions in the state of California while performing massage within the scope of their
profession at a licensed medical or physical therapy business;
(3) Barbers or cosmetologists who are duly licensed under Division 6 of the California Business
and Professions Code while performing massage at a licensed barber shop or cosmetology salon,
within the scope of their license, and for which no separate or additional fee is charged;
(4) Massage therapists, in possession of a valid massage permit, providing massage services at a
licensed personal fitness training center or gym that are clearly incidental to the operation of that
business;
(5) Acupuncturists who are licensed to practice their profession in the state of California while
providing massage services within the scope of their profession at a licensed acupuncture clinic;
(6) Massage therapists, in possession of a valid permit, providing massage services at an annual
recreational or community event, provided that massage services are made equally available to
all participants ofthe event, the event is open to participation or a significant segment of the
public such as employees of a sponsoring or participating corporation, massage services are
provided at the event site and during the hours the event is scheduled, the event sponsors have
approved of the provision of massage services, and those providing massage services are not the
primary sponsors of the event.
(c) No therapist permit or trainee permit shall be required of anyone who provides proof of State
Massage Certification, as set forth in section 5.58.062 of this chapter.
5.48.062 Registration of State Certified Therapists.
Prior to providing any massage services in the City of Campbell, anyone claiming an exemption
from the requirement to obtain a therapist or trainee permit pursuant to subsection (c) of section
5.48.060 shall appear at the police department of the City and:
(a) Present proof that they possess State Massage Certification; and
(b) Pay a registration fee in an amount to be fixed by the City Council to cover the
reasonable costs of processing the exemption request.
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5.48.070 Application for an establishment permit or therapist permit.
(a) Written application for an establishment permit or therapist permit required by this
chapter and any renewal thereof shall be filed with the chief of police. Such application
shall be accompanied by a fee as approved by the city council. Nothing contained herein
shall exempt the applicant from any and all other applicable license taxes and fees.
(b) The following information shall be provided in the application concerning the applicant, if
an individual; and concerning each stockholder, each officer and each director, ifthe applicant is
a closely held corporation; and concerning each partner, including limited partners, if the
applicant is a partnership; and concerning the operator of the establishment;
(1) Name, present residential and business addresses, telephone numbers, birth date and
California driver's license or identification card number of the applicant;
(2) All residential addresses and dates of residence for five years preceding the date of the
application;
(3) Business, occupation or employment history of the applicant for the five years immediately
preceding the date of the application;
(4) Satisfactory proof that the applicant is over the age of eighteen years. Satisfactory proof
may consist of a California driver's license, California identification card or a United States
passport;
(5) A listing and explanation of any arrests or convictions for any felonies or non-traffic related
misdemeanors;
(6) Documentation to substantiate that the applicant has met the educational requirements as set
forth in Section 5.48.050(a);
(7) Fingerprints of the applicant;
(8) Two portrait photographs of the applicant, at least two inches by two inches in size;
(9) Statement indicating whether the applicant has ever had an ownership interest in, operated
or been employed by any business which has been the subject of an abatement proceeding under
the California Red Light Abatement Act (California Penal Code Sections 11225-11325) or any
similar abatement laws in other jurisdictions;
(11) Any other information as required by the chief of police relevant to the provision of
massage servIces.
(c) In addition to the information required above, an applicant for an establishment permit must
also provide:
(1 ) A statement on whether the applicant owns, leases or rents the premises where the massage
establishment will be located. If the applicant leases or rents the premises, the applicant shall
provide the name, address and telephone number of the owner of the premises and the term of
any lease;
(2) The address where the applicant proposes to operate a massage establishment and the name
under which the business will be operated;
(3) The business name, street address, and city of any and all businesses where the applicant
conducted any business providing massage, relaxation, hot tub, towel wraps, baths, health
treatments, or tanning services within twenty-four months preceding the date of the application;
(4) Evidence of applicable land use and/or building permits as required by the city of Campbell.
(d) In addition to the information required above, an applicant for a massage therapist permit or
massage trainee permit must provide a certificate from a physician, which includes the
physician's street address and phone number, stating that the applicant has been examined and
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found to be free from hepatitis B and tuberculosis. The examination must have been completed
within sixty days of the permit application.
(e) Notwithstanding the foregoing provisions, any applicant for an establishment permit who has
presented proof of State Massage Certification in accordance with section 5.48.062 of this
chapter need not submit the information that would otherwise be required pursuant to
subsections (b )(2 - 11) and (d) of this section.
5.48.080 Annual renewal application.
(a) Every holder of a massage establishment or massage therapist permit required by this
chapter shall annually make application to the chief of police for renewal of the permit. The
renewal application shall require the update of any and all information set forth on the initial
application and be accompanied by the annual renewal fee as prescribed by the city council.
(b) A renewal application for a massage therapist permit must be accompanied by a certificate
from a physician, which includes the physician's street address and phone number, stating that
the applicant has been examined and found to be free from hepatitis B and tuberculosis. The
examination must have been completed within sixty days of the permit application.
(c) A renewal application must be submitted no less than ninety days before the permit
expiration date. If the permittee fails to submit the renewal application and renewal fee no less
than ninety days before the permit expiration date, then the underlying permit shall be null and
void on its expiration date.
(d) Nothing contained herein shall exempt the applicant from any and all other applicable
license taxes and fees.
5.48.090 Permit fee.
Fees for each establishment permit, therapist permit, and trainee permit shall be paid to the
Campbell police department at the time the application or renewal application is submitted and
are non-refundable. Fee amounts shall be approved by the city council.
Nothing contained herein shall exempt the applicant from any and all other applicable license
taxes and fees.
5.48.100 Permit referral.
The chief of police shall investigate the background of an applicant of any permit or renewal
thereof. Additionally, the chief of police shall refer an application for an establishment permit to
the city of Campbell community development department with respect to applicable zoning and
building requirements. The chief of police may also refer an application to other persons, entities
or agencies as appropriate.
5.48.110 Action by chief of police on permit application.
(a) The chief of police shall either issue or deny a permit within sixty calendar days following
receipt of a completed application for an establishment, therapist, or trainee permit or the
renewal thereof. In taking such action, the chief of police shall consider the recommendations of
city officials investigating the application, along with any other relevant information.
(b) The chief of police shall deny an establishment permit, a therapist permit, or a trainee permit
or the renewal thereof on any of the following grounds:
(1) The applicant, owner, operator, any officer or director of a massage establishment has been
convicted of a violation of Section 148, 266h, 266i, 311 through 311.7, 314, 315, 316, 318, or
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subdivision (a) (b) or (d) of Section 647 of the California Penal Code, or any other crime
involving dishonesty, fraud, deceit, moral turpitude, or when the prosecution accepted a plea of
guilty or nolo contendere to a charge of a violation of California Penal Code Sections 415, 602,
or any lesser included or related offense, in satisfaction of, or as a substitute for, any of the
previously listed crimes.
(2) The applicant, owner, operator, any officer or director of a massage establishment has been
convicted of offenses equivalent to those listed above under the laws of another jurisdiction,
even if expunged.
(3) The applicant, owner, operator, any officer or director of a massage establishment is
required to register under the provisions of Section 290 of the California Penal Code.
(4) The applicant, owner, operator, any officer or director of a massage establishment has been
convicted ofa violation of Health and Safety Code Section 11550 or any offense involving the
possession or sale of a controlled substance specified in Section 11054, 11055, 11056, 11057, or
11058 of the Health and Safety Code or convicted of an equivalent offense in any other state.
(5) The applicant, owner, operator, any officer or director of a massage establishment has been
convicted of any offense involving the use of force or violence upon another person.
(6) The applicant, owner, operator, any officer or director of a massage establishment has been
convicted of any offense involving sexual misconduct with children.
(7) The applicant, owner, operator, any officer or director of a massage establishment has been
convicted of any offense involving theft.
(8) The operation of a massage establishment at the proposed location would be injurious to the
health, safety or welfare of the community or would not be in compliance with applicable zoning
regulations.
(9) The operation of the massage establishment, as proposed by the applicant, would not
comply with all applicable laws including city ordinances and regulations.
(10) The applicant knowingly made a material omission or misstatement of fact in the license
application.
(11) The applicant, owner, operator, any officer or director of a massage establishment has
violated any provision of this chapter or any similar law, rule or regulation of another public
agency which regulates the operation of massage establishments.
(c) If a permit or renewal thereof is approved, the chief of police shall include such restrictions
and conditions in the permit, as he/she deems reasonable and necessary under the circumstances,
to ensure compliance with the purposes and intent of this chapter.
(d) Upon approval or denial of a permit or renewal thereof, the chief of police shall prepare and
forward to the applicant written notice that the permit has been granted, renewed, or denied,
along with a statement of any conditions of approval attached thereto. The written notice shall be
hand-delivered or sent by certified mail to the applicant. The decision of the chief of police upon
application for a permit or renewal thereof shall become final unless an appeal is filed with the
city council within fifteen calendar days following delivery of the written notice.
5.48.120 Issuance of permit.
(a) Following the approval of a permit application or renewal thereof, and the lapse of a fifteen
calendar day appeal period, the chief of police shall issue a permit.
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(b) Each establishment permit and therapist permit, or renewal, shall be valid for a period of
twelve calendar months following issuance thereof, unless sooner revoked pursuant to the
provisions of this chapter.
(c) The permit shall specify the full legal name of the permittee and the date the permit expires.
An establishment permit shall specify the name and address of the business location. An
establishment permit shall authorize massage services only at the location specified in the permit.
5.48.130 Appeal.
(a) An applicant dissatisfied with the denial or conditions of approval of an establishment
permit, therapist permit, or renewal, may file an appeal with the city council. The appeal must be
filed within fifteen calendar days following receipt of written notice from the chief of police that
the establishment permit, therapist permit or renewal was approved or denied. The appeal shall
be filed with the city clerk and shall require the payment of an appeal fee as approved by the city
council.
(b) The city clerk shall schedule a public hearing for the appeal to be considered by the city
council. Notice of such hearing shall be mailed to the appellant at least ten days prior to the
hearing. Notice of such hearing on an appeal of an establishment permit shall also be mailed to
the property owner.
(c) The appeal shall be placed on the city council agenda within sixty calendar days after filing
of the appeal, provided that the city council may continue from time to time any hearing held by
it.
(d) The city council shall conduct a de novo hearing and may approve, conditionally approve,
or deny the permit application based upon grounds set forth in Section 5.48.110.
5.48.140 Revocation of permit.
(a) The chief of police may revoke an establishment permit, therapist permit, or a trainee permit
for good cause. Before the chief of police revokes a permit, the chief of police shall provide
written notice of the revocation by personal delivery or certified mail. The notice shall provide
for revocation of the permit fifteen calendar days after service of the notice unless the permittee
requests an appeal hearing. The notice shall instruct the permittee on how to file an appeal.
(b) Following the receipt of a revocation notice and within fifteen calendar days thereafter, the
permittee may file an appeal of the revocation and request a hearing be held in accordance with
Section 5.48.130. If an appeal is filed, the city council shall conduct a de novo hearing on the
appeal of any permit revocation and may approve, conditionally approve, modify, or deny the
revocation based upon grounds as set forth in subsection (d) of this section.
(c) If after the passage of fifteen calendar days from the receipt of the revocation notice, the
permittee has not requested an appeal, the revocation decision of the chief of police shall become
final.
(d) A permit may be revoked for good cause on the basis of any of the following:
(1) The permit was obtained by fraud; or
(2) Any person making use of such permit is violating or has violated any conditions of such
permit; or
(3) The detriment to the public health or safety, or the nuisance arising from the conduct of the
massage establishment, or from changed circumstances, necessitates the revocation of the
permit; or
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(4) The permittee has violated, or permitted any other person under his/her control or
supervision to violate, any provision of this chapter or of other local, state, or federal law in
connection with the practice of massage or operation of a massage establishment; or
(5) The permittee has committed any offense involving lewdness, indecent exposure,
prostitution, or any other offense which would be grounds for denial of an application, or
employees of the establishment have committed such offenses in the course of their employment
and the permittee has failed to prevent them from doing so. The employer shall be responsible
for those acts of its employees and massage therapists which are done in the course and scope of
their employment, or which occur on the premises of the massage establishment.
5.48.150 Immediate suspension of permit.
(a) The chief of police may immediately suspend an establishment permit, therapist permit, or a
trainee permit if there is reasonable cause to believe that:
(1) The permit holder is operating or managing the establishment, or providing services in a
manner which poses an immediate danger to the health or safety of employees, clients, or the
public; or
(2) The permit holder has been convicted of any offense involving lewdness, indecent exposure,
prostitution, sexual battery, or any sex-related crime. The only permit which shall be
immediately suspended under this condition shall be the permit belonging to the person
convicted.
(b) If the chief of police immediately suspends a permit, the chief of police shall provide
written notice to the permittee by personal notice or certified mail. The notice shall contain a
statement that the permit is immediately suspended and such suspension shall remain in effect
during the period of time that an appeal may be filed or an appeal is under consideration. The
notice shall provide information on the appeal process and explain that the suspension may lead
to a permanent revocation of the permit.
(c) Following the receipt of a notice of immediate suspension and within fifteen calendar days
thereafter, the permittee may file an appeal of the suspension and request a hearing in accordance
with Section 5.48.130. If an appeal is filed, the city council shall conduct a de novo hearing on
the appeal of any permit suspension and may permanently revoke the permit, reinstate the
permit, conditionally reinstate the permit, or modify the suspension, based upon findings related
to circumstances described in subsection (a) of this section.
(d) If after the passage of fifteen calendar days from the receipt of the suspension notice, the
permittee has not filed an appeal, the decision of the chief of police to suspend the permit shall
become final and the permit shall be permanently revoked.
5.48.160 Massage therapist trainee permit.
(a) Written application for a trainee permit shall be made in accordance with Section 5.48.070,
and the application will contain the same information specified in that section, except that in lieu
of the requirement set forth in Section 5.48.070(f), the applicant shall present written proof that
he/she is currently enrolled in a recognized school of massage, the date of initial enrollment in
such school, the scheduled date of graduation, and that the applicant has completed at least one-
hundred hours of instruction in massage therapy including instruction in human anatomy and
professional ethics.
(b) A fee as prescribed by the city council shall accompany written application for a trainee
permit. In addition, the applicant shall submit a letter signed by the owner or operator of a
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permitted massage establishment stating his/her intent to immediately employ the applicant to
practice massage as a trainee working under supervision as defined in Section 5.48.020(1).
(c) The chief of police shall issue or deny the trainee permit in accordance with the provisions
of Section 5.48.110. An appeal of the decision of the chief of police on a trainee application may
be made pursuant to Section 5.48.130. Issuance of a trainee permit shall be made in the same
manner as found in Section 5.48.120. A trainee permit shall be valid for a period of twelve
months and may not be renewed.
5.48.170 Permits nontransferable.
Permits granted under this chapter shall not be transferable, either as to the permittee or the
location. Any attempt to transfer shall render the permit invalid and no further massages may be
conducted under such permits.
5.48.180 Notice of employees' status.
Every person holding an establishment permit shall notify the chief of police, in writing, of the
name and residence of each person employed as a massage therapist or massage therapist trainee
within five days of the start of employment.
5.48.190 Application of chapter to preexisting businesses.
The provisions of this chapter shall be applicable to all persons and businesses described herein
upon adoption of this chapter by the city council except as noted in this chapter. Valid massage
therapist permits issued by the city of Campbell prior to the adoption of this chapter shall not be
renewed. Persons holding such permits, must submit, at least ninety days before the expiration
date of the massage therapist permit, a written application for a permit, comply with educational
and examination requirements set forth in Section 5.48.050, and be issued a permit as set forth in
this chapter.
Persons holding valid massage establishment permits prior to the adoption of this chapter shall,
within sixty days following the adoption of this chapter, submit a new application for an
establishment permit as required in Section 5.48.070 with the exception that a new application
fee shall not be required.
5.48.200 Prohibited acts.
(a) No permittee, or any other employee of a massage establishment, shall place either his/her
hands upon, or touch with any part of his /her body, or touch with a mechanical device, a sexual
or genital part of any other person in the course of a massage, or massage a sexual or genital part
of any other person. Sexual or genital parts shall include the genitals, pubic area, anus or
perineum of any person or the vulva or the nipples of a female.
(b) No permittee or any other employee of a massage establishment shall uncover or expose the
sexual or genital parts, as defined above, of a client or themselves in the course of practicing a
massage or other health treatment before or after a massage. This subsection does not prohibit a
client from turning over in the course of a massage, so long as the therapist holds a drape over
the client to protect his/her privacy.
5.48.210 Operating requirements, general.
All massage establishments shall comply with the following operating requirements.
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(a) Maintenance of Permits. A copy of the establishment permit and each therapist's permit,
certification issued pursuant tol0.5 of Division 2 of the California Business and Professions
Code shall be posted in a conspicuous place on the establishment premises in such a manner
that can be easily seen by persons entering the establishment. A passport-size photograph of the
permittee shall be affixed to each therapist's permit or certification.
(b) Posting of Services Offered. A list of all services available, the price thereof, and the length
of time of each service, shall be posted or available in a conspicuous place in such a manner that
it can be easily viewed by persons entering the massage establishment. No services, other than
those set forth on the list, shall be provided.
(c) Payment. All payments for massage services, including gratuities or tips, shall be made at
the designated reception area exclusively. At least one sign, with lettering not less than one-half
inch in height, shall be posted in a conspicuous place in such a manner that it can be easily seen
by persons entering the establishment stating, "All payments for massage services, including
gratuities or tips, shall be made in the designated reception area exclusively."
(d) Alcohol Prohibited. No alcoholic beverages shall be sold, served, furnished, kept or
possessed in any part of a massage establishment. The owner, operator, and managing employee
shall be responsible to ensure that no person possesses alcoholic beverages inside the massage
establishment.
( e) Condoms Prohibited. Condoms shall be not be furnished, kept or possessed in any part of a
massage establishment.
(f) Written Records. Every massage establishment shall maintain written records, which include
the date and hour of each service provided, the full name and address of each client, and the type
of service received, as well as the name of the massage therapist administering the service. These
records shall be kept on the premises and shall be open to inspection by officials charged with
enforcement of this chapter, including the chief of police and his/her designee and city attorney.
These records shall be retained for a period of at least two years.
(g) Dress Code for Employees. The holder of the establishment permit, massage therapists and
all other employees of the massage establishment shall remain fully clothed in clean outer
garments while on the premises of the massage establishment. At a minimum, such clothing shall
be made of non-transparent material and shall not permit exposure of the buttocks, genital area,
or breasts of any employee.
(h) Operating Hours. No massage establishment shall be kept open for business and no massage
therapist shall administer massages before the hour of seven a.m. or after the hour often p.m.
The chief of police may stipulate more restrictive hours where appropriate.
(i) Recording or Scanning Devices Prohibited. No audio or video monitoring or recording
device shall be used by the operator of the massage establishment to monitor the practice of
massage, or any conversation or other sounds in massage rooms, without the express consent of
the client. No device of any kind shall be installed or used which would operate in any way to
detect or interfere with law enforcement surveillance or communication equipment.
G) Advertising. No services shall be offered in signs, posters, flyers, newspapers or other
printed advertisements, or in verbal or recorded announcements or messages, other than those
lawfully permitted and posted as required in Section 5.48.210(b). Photographs, drawings, written
or verbal statements used in any advertising shall not explicitly or implicitly communicate that
services offered are for the purpose of sexual stimulation or gratification.
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5.48.220 Facility requirements.
All massage establishments shall comply with the following requirements:
(a) A minimum of one toilet and one washbasin shall be provided.
(b) Massage establishments shall provide clean and sanitary towels, sheets, and linens in
sufficient quantities. Towels, sheets and linens shall be used by one patron only and then reused
only after laundering. Heavy white paper may be substituted for sheets, provided that such paper
is discarded after each use.
(c) Cabinets or other covered space shall be provided for the storage of clean linen. Receptacles
shall be provided for all soiled linen and paper towels.
(d) All restrooms or washbasins shall provide hot and cold running water, soap, and single-
service towels in wall-mounted dispensers.
(e) All walls, floors, ceilings, pools, showers, bathtubs and all physical facilities must be in
good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or
vapor rooms, or vapor cabinets, shower compartments and rooms shall be thoroughly cleaned
and disinfected each day the business is in operation.
(t) All other components of a massage establishment, including appliances, furniture and
apparatus shall be maintained in a sanitary and operational condition at all times.
(g) Disinfecting agents and sterilizing equipment shall be provided for any instruments used in
practicing acts of massage. Instruments shall be disinfected and sterilized after each use.
(h) Pads used on massage tables shall be covered with durable, washable plastic or other
waterproof material.
(i) All public entrances shall be kept unlocked during business hours, including at any time
massage services are being provided. Doors to massage rooms shall remain unlocked at all times,
unless there is no staff person available to assure security for clients and therapists who are in the
massage room.
G) Secure deposit devices capable of being locked by the client, or a security bag that may be
carried by the client, shall be available to the client for the protection of valuables.
(k) A single mirror, whose dimensions do not exceed three feet wide (horizontal measurement)
and five feet tall (vertical measurement), may be installed within any room of a massage
establishment. No other mirrors shall be allowed.
(I) Massage establishments must be well lighted at all times during business hours, including
any time massage services are being provided. Rooms where massage services are provided must
be sufficiently illuminated by not less than one forty watt incandescent white light bulb or
equivalent, and shall remain lighted at all times when occupied.
(m) Dressing rooms and restrooms may only be used by clients of the same sex at the same
time. Doors, draw drapes, curtain enclosures, or doors/enclosures of other opaque materials shall
be provided for all dressing rooms and massage rooms.
5.48.230 Inspection by officials.
Any and all investigating officials of the city of Campbell, the county of Santa Clara, and state of
California, shall have the right to enter massage establishments during regular business hours to
conduct reasonable inspections to observe and enforce compliance with the provisions of this
chapter, as well as any other applicable laws or requirements, including but not limited to,
building, fire, planning and health requirements. A warrant shall be obtained whenever required
by law.
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5.48.240 Hot tub, sauna, and tanning establishments.
Massage services shall not be made available to clients at hot tub, sauna, or tanning
establishments unless the establishment holds a valid massage establishment permit. Hot tub,
sauna, or tanning establishments which offer massage services must comply with all provisions
of this chapter. Massage services shall not be given in any room or areas in which a hot tub,
sauna, shower or jacuzzi is located, or in wet and dry heating rooms, tanning rooms, steam or
vapor rooms, cabinets or bathrooms. All employees of the hot tub, sauna, or tanning
establishment who practice massage as defined in Section 5.48.020(d) must hold a valid massage
therapist permit, or certification issued pursuant t010.5 of Division 2 of the California Business
and Professions Code .
5.48.250 Out call massage services.
(a) No person shall provide massage services as described in this chapter at any place other than
at a massage establishment permitted pursuant to this chapter unless that person possesses a valid
massage therapist permit endorsed for out call services, or certification issued pursuant t010.5 of
Division 2 of the California Business and Professions Code.
(b) Any person performing out call massage services as authorized by this chapter shall
maintain written record, at the massage therapist's principal place of business, of all out call
massage services performed. These records shall be retained for at least two years beyond the
date services were provided. Record shall be made of each appointment at which massage
services were provided and shall include:
(1 ) Date and time;
(2) Patron's full name and address;
(3) Address where services were provided;
(4) Name of the massage therapist providing services;
(5) Completed medical questionnaire for each patron to determine if the patron has any
communicable diseases, high blood pressure, injuries, or any other physical condition which may
be adversely affected by massage.
(c) These records shall be open to inspection upon request only by officials charged with
enforcement of this chapter or emergency medical personal. Information within these records
shall only be used to ensure compliance with this chapter, or any other applicable state or federal
laws, or as necessary in providing emergency medical treatment, and shall remain confidential.
(d) Out call massage services shall not be provided at any location owned, leased, rented or
under the control of the massage therapist, including residential dwellings and business offices,
unless that location is licensed as a massage establishment or is otherwise exempted as provided
in this chapter.
(e) Out call massage services may only be provided between the hours of seven a.m. and ten
p.m. daily.
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5.48.260 Chair massage services.
Chair massage services may be offered at the worksite of businesses with over twenty-five
employees without obtaining a separate massage establishment permit. Such chair massage
services shall comply with the following requirements:
(a) During the duration of the massage, the client shall be seated in a chair. The client shall be
fully clothed. The massage shall be limited to the client's neck, arms, shoulders, and back area
above the waist and shall be performed without the use of oils, creams, tonics, lotions,
antiseptics, tanning products or similar preparations. The chair massage shall not last longer than
thirty minutes.
(b) All chair massage services shall be performed by a massage therapist holding a valid permit
under this chapter, or certification issued pursuant to10.5 of Division 2 of the California
Business and Professions Code.
(c) The chair massage services will be available equally to all clients of the business. Provision
of chair massage services shall be limited to those hours that the business is regularly open to the
public. The services shall be provided in an open environment and shall be observable from the
area immediately inside of the main entrance of the business.
(d) Management of the business offering chair massage services at the worksite shall approve
the provision of such services at the worksite. The business offering chair massage services shall
notify the chief of police of the location at the worksite where chair massage services will be
provided. The business shall keep a record of the names of each massage therapist who provides
chair massage services at the worksite and shall allow the chief of police to inspect such records
upon request. Records shall be retained for a minimum of one year.
5.48.270 Penalties for violation.
(a) Any person who violates a provision of this chapter shall be guilty of a misdemeanor.
(b) Nothing in this chapter shall be deemed to prevent the city of Campbell from commencing a
civil action to enjoin the continued violation of any provision of this chapter or to abate a
nuisance, as an alternative, or in conjunction with any other civil or criminal proceeding.
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