CC Ordinance 2039
ORDINANCE NO. 2039
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL REVISING CHAPTER 5.48 OF THE CAMPBELL MUNICIPAL
CODE REGULATING MASSAGE ESTABLISHMENTS AND THERAPISTS
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That Campbell Municipal Code be revised to replace the
existing Chapter 5.48 with the following:
Chapter 5.48
MASSAGE ESTABLISHMENTS AND THERAPISTS
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 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.
'.
City Council Ordinance
Revision of Chapter 5.48 - Massage Establishments and Therapists
Page 2
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.
f) "Massage therapist" or "massage therapist trainee" means any person
who, for any type of compensation, practices massage.
g) "Out call massage" means providing massage services for compensation
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 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.
j) "Recognized school of massage" means any school or institution of
learning which:
1. Is approved under the California Education Code, Section 94311, as a
vocational or postsecondary institution, or if the school is not located in
City Council Ordinance
Revision of Chapter 5.48 - Massage Establishments and Therapists
Page 3
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) "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 (12) months. A
trainee permit is non-renewable. Trainee permits are not issued for out
call massage services.
I) "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.
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 as required by this chapter.
City Council Ordinance
Revision of Chapter 5.48 - Massage Establishments and Therapists
Page 4
c) It is unlawful for any person to provide massage services without a valid
massage therapist or trainee permit as required by this chapter.
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.
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. All new massage establishments must be approved through the
conditional use permit process as described in Title 21 of the Campbell Municipal
Code.
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 (300) 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 (200) 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 (100)
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
City Council Ordinance
Revision of Chapter 5.48 - Massage Establishments and Therapists
Page 5
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 30 days, but no more than
60 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 may 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 may be
exempt from the written examination requirement if the applicant
provides proof of certification by the National Certification Board for
Therapeutic Massage and Bodywork.
5.48.060 Exemption.
a) No establishment permit, therapist permit or trainee permit shall be
required of the 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.
City Council Ordinance
Revision of Chapter 5.48 - Massage Establishments and Therapists
Page 6
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 Six 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 of the 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.
5.48.070 Application for an establishment permit or therapist permit.
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.
Upon approval of the permit by the Chief of Police, the applicant must also apply
City Council Ordinance
Revision of Chapter 5.48 - Massage Establishments and Therapists
Page 7
for a business license through the City Clerk's Office and pay applicable license
fees.
The following information shall be provided in the application concerning the
applicant, if an individual; and concerning each stockholder, each officer and
each director, if the 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.
a) Name, present residential and business addresses, telephone numbers,
birth date and California driver's license or identification card number of
the applicant.
b) All residential addresses and dates of residence for five (5) years
preceding the date of the application.
c) Business, occupation or employment history of the applicant for the five
(5) years immediately preceding the date of the application.
d) Satisfactory proof that the applicant is over the age of eighteen (18) years.
Satisfactory proof may consist of a California driver's license, California
identification card or a United States passport.
e) A listing and explanation of any arrests or convictions for any felonies or
non-traffic related misdemeanors.
f) Documentation to substantiate that the applicant has met the educational
requirements as set forth in Section 5.48.050(a).
g) Fingerprints of the applicant.
h) Two portrait photographs of the applicant, at least two (2) inches by two
(2) inches in size.
i) 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.
j) Any other information as required by the Chief of Police.
In addition to the information required above, an applicant for an establishment
permit must also provide:
City Council Ordinance
Revision of Chapter 5.48 - Massage Establishments and Therapists
Page 8
k) 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.
I) The address where the applicant proposes to operate a massage
establishment and the name under which the business will be operated.
m) 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 (24) months preceding the date of the
application.
n) Evidence of applicable land use and/or building permits as required by the
City of Campbell.
In addition to the information required above, an applicant for a massage permit
or massage trainee permit must provide:
0) 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 (60) days of the permit application.
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 Band
tuberculosis. The examination must have been completed within sixty
(60) days of the permit application.
c) A renewal application must be submitted no less than ninety (90) days
before the permit expiration date. If the permittee fails to submit the
renewal application and renewal fee no less than ninety (90) days before
the permit expiration date, then the underlying permit shall be null and
void on its expiration date.
City Council Ordinance
Revision of Chapter 5.48 - Massage Establishments and Therapists
Page 9
d) Upon receipt from the Police Department of approval for permit renewal,
the applicant shall also pay a business license renewal fee through the
City Clerk's Office.
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.
Upon approval by the Police Department of an establishment, therapist, or
trainee permit, the applicant shall also pay applicable business license fees
through the City Clerk's Office.
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 the Chief of Police on permit application.
a) The Chief of Police shall either issue or deny a permit within sixty (60)
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 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
City Council Ordinance
Revision of Chapter 5.48 - Massage Establishments and Therapists
Page 10
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 of a violation of Health & 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.
City Council Ordinance
Revision of Chapter 5.48 - Massage Establishments and Therapists
Page 11
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
(15) 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 (15) calendar day appeal period, the Chief of Police shall
issue a permit.
b) Each establishment permit and therapist permit, or renewal, shall be valid
for a period of twelve (12) 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 (15) 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 (10) days prior to the hearing. Notice of such
hearing on an appeal of an establishment permit shall also be mailed to
the property owner.
City Council Ordinance
Revision of Chapter 5.48 - Massage Establishments and Therapists
Page 12
c) The appeal shall be placed on the City Council agenda within sixty (60)
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 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 (15) 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 (15) 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 Section
5.48.140 (d).
c) If after the passage of fifteen (15) 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
4) The permittee has violated, or permitted any other person under
his/her control or supervision to violate, any provision of this chapter or
City Council Ordinance
Revision of Chapter 5.48 - Massage Establishments and Therapists
Page 13
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 (15) 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 5.48.150(a).
City Council Ordinance
Revision of Chapter 5.48 - Massage Establishments and Therapists
Page 14
d) If after the passage of fifteen (15) 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 (100) 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 operation of a 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 (12) 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 ldcation. Any attempt to transfer shall render the permit in
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.
City Council Ordinance
Revision of Chapter 5.48 - Massage Establishments and Therapists
Page 15
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 (90) 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 60 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
requ i rements.
a) Maintenance of permits. A copy of the establishment permit and each
therapist's permit 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.
City Council Ordinance
Revision of Chapter 5.48 - Massage Establishments and Therapists
Page 16
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 7:00 AM or after the hour of 10:00 PM. The Chief of Police may
stipulate more restrictive hours where appropriate.
City Council Ordinance
Revision of Chapter 5.48 - Massage Establishments and Therapists
Page 17
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.
j) 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 5.48.21 O(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.
5.48.220 Facility requirements.
All massage establishments shall comply with the following requirements:
a) A minimum of one (1) toilet and one (1) washbasin shall be provided.
b) Massage establrshments 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.
f) All other components of a massage establishment, including appliances,
furniture and apparatus shall be maintained in a sanitary and operational
condition at all times.
City Council Ordinance
Revision of Chapter 5.48 - Massage Establishments and Therapists
Page 18
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. Locking
devices are not allowed on any interior doors within the establishment,
with the exception of restroom doors.
j) 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 (3) feet wide
(horizontal measurement) and five (5) 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 (40) 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.
As a condition of the massage establishment permit, 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
requirements, including but not limited to, building, fire, planning and health
requirements. A warrant shall be obtained whenever required by law.
City Council Ordinance
Revision of Chapter 5.48 - Massage Establishments and Therapists
Page 19
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.
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.
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
"
City Council Ordinance
Revision of Chapter 5.48 - Massage Establishments and Therapists
Page 20
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
7:00 AM and 10:00 PM daily.
5.48.260 Chair massage services.
Chair massage services may be offered at the worksite of businesses with over
twenty-five (25) 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 (30) minutes.
b) All chair massage services shall be performed by a massage therapist
holding a valid permit under this chapter.
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
City Council Ordinance
Revision of Chapter 5.48 - Massage Establishments and Therapists
Page 21
provision of this chapter or to abate a nuisance, as an alternative, or in
conjunction with any other civil or criminal proceeding.
SECTION TWO: This Ordinance shall become effective thirty (30) days following
its passage and adoption and shall be published, one time within (15) fifteen
days upon passage and adoption in the Campbell Express, a newspaper of
general circulation in the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this
the following roll call vote:
7th
day of
October
,2003, by
AYES:
Council members:
Watson, Kennedy, Dean, Burr, Furtado
NOES:
Councilmembers:
None
ABSENT:
Councilmembers:
None
ABSTAIN:
Council members:
None
APPROVE~~~~~\~
Daniel E. Furtado, Mayor
ATTEST:
/"
//~
U--.A:.A-. ~,
Anne Bybee, City Clerk