Note: Prior history: Prior code §§ 66.501—66.523;
Ord. 51 and Ord. 424.
This chapter may be cited as the "Lemon Grove Massage Therapy
Business License Ordinance."
(Ord. 464 § 2, 2023)
The purpose of this chapter is to implement local regulatory
requirements, within the authority of the city of Lemon Grove, under
the general laws of the state of California, to the fullest extent
that local zoning, business licensing, police power and reasonable
health and safety regulations are allowed in order to protect the
public health, safety and welfare and prevent the facilitation of
human trafficking and prostitution.
(Ord. 464 § 2, 2023)
This chapter shall be construed liberally in order to effectuate
its purposes. Unless otherwise specifically prescribed in this chapter
the following provisions shall govern its interpretation and construction:
A.
When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number and words in the singular number include the plural number.
B.
All
references herein, as applied to natural persons, shall be considered
gender neutral.
C.
Any
right or power conferred or duty imposed upon any officer, employee,
department or board of the city is subject to transfer by operation
of law to any other officer, employee, department or board of the
city. Any officer or enforcement person referenced herein shall have
the authority to delegate enforcement duties in the manner allowed
by procedures established by the city manager or designee.
D.
No license
or permit holder shall have any recourse whatsoever against the city
for any loss, cost, expense or damage arising out of any provision
or requirement of this chapter or the enforcement thereof.
E.
This
chapter does not relieve any license or permit holder of any requirement
of any ordinance, rule, regulation or specification of city or other
regulatory body. This chapter does not limit applicable health and
safety laws or regulations established by the county of San Diego
or the state of California. All regulations of this chapter, unless
otherwise stated, apply to existing massage establishments within
the city.
F.
This
chapter, to the extent that it retains requirements established prior
to January 1, 2010 related to the professionally recognized scope
of practice of healing arts professionals licensed under California
Business and Professions Code Section 500 et seq., shall remain in
full force and effect.
(Ord. 464 § 2, 2023)
Any rules and regulations included in the Massage Therapy Act under California Business and Professions Code Section 4600, et seq., which impose restrictions greater than those imposed by this chapter are adopted and shall be applicable to the city, the violation of which are subject to enforcement by the departments, officers, employees and agents of the city in the same manner as provided for in Chapter 1.12 of this municipal code.
(Ord. 464 § 2, 2023)
For the purposes of this chapter, the words or phrases set forth
in this section shall have the following meanings:
means the building inspection component of the Lemon Grove
development services department.
means a valid certificate issued by the California Massage
Therapy Council pursuant to the California Massage Therapy Act (California
Business and Professions Code Section 4600 et seq.).
means the city of Lemon Grove, California.
means the California Massage Therapy Council created by the
California Legislature pursuant to the California Massage Therapy
Act (California Business and Professions Code Section 4600 et seq.),
as amended.
means the county of San Diego, a political subdivision of
the state of California.
means a lawfully operating massage establishment that was
conducting business prior to January 4, 2024.
means the department of public health of the county.
means a massage therapist or massage practitioner who is
not an employee of a massage establishment, but practices at the massage
establishment as defined in applicable state law.
means the business license to operate a massage therapy business
as required by this chapter.
means the scientific manipulation of soft tissues or any
method of pressure on, or friction against, or stroking, kneading,
rubbing, tapping, pounding, vibrating, or stimulating of the external
parts of the body with the hands or other parts of the body, with
or without the aid of any mechanical or electrical apparatus or appliances
or with or without such supplementary aids as rubbing alcohol, liniments,
antiseptic, oils, powder, creams, lotions, ointments, or other preparations
commonly used in this practice. "Massage" expressly does not include
the touching of "specified anatomical areas," as that term is defined
in this Chapter. For the purpose of this chapter, "massage" and "bodywork"
shall have the same meaning.
means any establishment having a fixed place of business
where massage services are supportive, incidental, and customarily
associated with the principal, permitted land use, and the area where
the massage occurs covers less than twenty percent of the gross floor
area of the principal use. All persons performing massage shall possess
a current, valid and authentic certificate issued by the California
Massage Therapy Council. Massage accessory use shall not be classified
as a massage establishment and shall not be required to obtain a massage
establishment license under this chapter, but shall be subject to
all other applicable provisions of this chapter.
means a fixed location where massage is performed for compensation,
excluding those locations where massage is only provided on an out-call
basis.
means a person who is certified by the California Massage
Therapy Council pursuant to California Business and Professions Code
Section 4604.2 and who administers massage for compensation.
means any person who supervises, manages, directs, organizes,
controls, or in any other way is responsible for or in charge of the
daily operations, conduct or activities of a massage establishment.
means the act of performing massage at any location other
than an approved, fixed place of business or the massage therapist's
own residence where the massage therapist travels to the location
of the client to provide services. For purposes of this definition,
the term "off-premises massage" or any other terms used with the massage
industry shall have the same meaning.
means any of the following:
The sole practitioner of a sole proprietorship that owns a massage
establishment;
Any general partner of a general or limited partnership that
owns a massage establishment;
Any person who has five percent or greater ownership interest
in a corporation that owns a massage establishment;
Any person who is a member of a limited liability company that
owns a massage establishment;
All persons who own any other type of business entity that owns
a massage establishment; or
Any person identified as an owner on a massage establishment
license or any other license, permit, or entitlement issued by the
city to operate a massage establishment.
means the business license permit to engage in the massage
establishment regulated by this chapter.
means a natural person, firm, partnership, association, corporation
or other legal entity. Nothing herein confers rights to a firm, partnership,
association, corporation or other legal entity to receive a certification
under California Business and Professions Code Section 4604 or 4604.2.
means a massage business where the owner owns one hundred
percent of the business, is the only person who provides massage services
for compensation for that business pursuant to a valid and active
certificate issued in accordance with the California Massage Therapy
Act, and has no other employees or independent contractors.
means any of the following areas of the human body: pubic
region, human genitals, perineum, anal region, and the areas of the
female breasts that include the areola and the nipple.
(Ord. 464 § 2, 2023)
A.
It is
unlawful for any person to perform a massage for compensation without
a valid massage practitioner certification issued by the California
Massage Therapy Council pursuant to Chapter 10.5 of the California
Business and Professions Code.
B.
A massage
practitioner certification does not authorize the operation of a massage
establishment. Any person who desires to operate a massage establishment
must apply separately to the city for a business license.
C.
It is
unlawful for any massage establishment to operate within the jurisdiction
of the city, unless all persons utilized by the massage establishment
to perform massage, whether full-time, part-time or temporary status,
as an employee, sole practitioner, independent contractor, or otherwise,
possess a current, valid certification issued by the California Massage
Therapy Council pursuant to chapter 10.5 of the California Business
and Professions Code.
(Ord. 464 § 2, 2023)
B.
Massage establishments are only permitted within General Commercial (C-G) zones, subject to the granting of a minor use permit pursuant to Section 17.28.052 Massage establishments shall not be permitted in any other zones within the jurisdiction of the city.
C.
A massage
establishment shall be located no fewer than one thousand feet from
another massage establishment existing as of January 4, 2024, as measured
in a straight line, without regard to intervening structures, from
the property line of one massage establishment to the property line
of the other massage establishment. Any Existing massage establishment,
which is located within one thousand feet of another existing massage
establishment as of January 4, 2024, is not required to relocate but
is subject to all other provisions of this chapter for the continued
operation and/or transfer of ownership of the massage establishment.
If any existing massage establishment desires to change locations
after January 4, 2024, it will be subject to the provisions of this
section as if it were a new business. This limitation shall not apply
to businesses where massage is performed as massage accessory use
or to outcall massage services as those terms are defined under this
chapter.
D.
No more
than eight massage establishments shall be allowed within the city
of Lemon Grove.
E.
Existing massage establishments that do not comply with the zoning limitations imposed upon new massage establishments under this section as of January 4, 2024, shall be considered a nonconforming use. Such existing massage establishments shall be required to comply with all other applicable local, state and federal laws, ordinances, rules and regulations, including, but not limited to, this chapter and Title 17 of this municipal code.
F.
The owner, operator or manager, as those terms are defined under this, of any massage establishment or business where massage is performed as massage accessory use shall also comply with all applicable local, state and federal laws, ordinances, rules and regulations as they may be amended from time to time, including, but not limited to, California Business and Professions Code Sections 4600 et seq. (Massage Therapy Act), California Government Code Sections 51030 et seq., this Chapter and Title 17 of this municipal code.
(Ord. 464 § 2, 2023)
A.
It is
unlawful for any person to engage in, conduct, carry on, or to permit
to be engaged in, conducted, or carried on, in or upon any premises
in the city, the operation of a massage establishment, massage outcall
or operate as a sole practitioner without the business license required
by this chapter.
B.
No business
may advertise, or hold itself out to the public, as a massage establishment
unless it meets the applicable requirements of the Lemon Grove Municipal
Code including, but not limited to, Titles 17 (Zoning) and 18 (Citywide
Regulations) and meet all of the requirements found under the California
Massage Therapy Act, as amended.
C.
Independent
contractors of massage businesses shall each obtain a business license
prior to operating within the city of Lemon Grove. Each independent
contractor shall possess a state certificate as a massage practitioner
or massage therapist in order to be eligible to receive a business
license. Any independent contractor whose state certificate has been
suspended or revoked shall not be able to practice massage therapy
unless and until that independent contractor receives a new certificate
or a reactivated certificate.
D.
A license
to operate a massage establishment within the jurisdiction of the
city is subject to Title 17 (Zoning), and must comply with all of
the following:
1.
The
massage establishment, owners, operators, and all massage therapists
who perform massage or who will perform massage at the massage establishment,
as applicable, would comply with all applicable laws, including, but
not limited to, the city's building, zoning, land use approvals, business
license regulations; applicable county health department regulations;
and all other applicable local, state and federal laws, rules and
regulations.
2.
The
massage establishment employs or uses only massage therapists to perform
massages who possess a current and valid California Massage Therapy
Council Certificate.
3.
The
owners and operators of the massage establishment have provided all
information, documentation, and assurances required by this chapter
to the city; have not failed to reveal any fact material to qualification;
and have not supplied information that is untrue or misleading as
to a material fact pertaining to the qualification criteria.
4.
The
owners, operators, and managers of the massage establishment have
submitted a background check authorized by the city that shows such
owners and operators have not been required to register under the
provisions of Penal Code Section 290 (sex offender registration);
have not been convicted of a violation of Penal Code Section 266(h)
(pimping), 266(i) (pandering), 314 (indecent exposure), 315 (keeping
or residing in a house of ill-fame for the purposes of prostitution
or lewdness), 316 (keeping a disorderly house, disturbing the peace
for the purposes of assignation or prostitution), 318 (prevailing
upon any person to visit a place for prostitution), 647(a) (soliciting
or engaging in lewd or dissolute conduct in a public place), 647(b)
(soliciting or engaging in prostitution), 653.22 (loitering with intent
to commit prostitution), 653.23 (supervision of prostitute), or has
not pled nolo contendere or has not been convicted of a violation
of any lesser related offense, including, but not limited to, Penal
Code Section 415, in satisfaction of, or as a substitute for, any
of the aforementioned offenses; has not been convicted of any felony
drug-related offense involving the controlled substance specified
in Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058;
has not been convicted of any act involving theft, dishonesty, fraud,
deceit or moral turpitude; has not been convicted in any other state
of any offense which, if committed or attempted in this state, would
have been punishable as one or more of the aforementioned offenses;
has not had an individual or business permit, certificate or license
with any agency, board, city, county, territory or state denied, revoked,
restricted, or suspended within the last ten years; and has not been
subject to an injunction for nuisance under Penal Code Sections 11225
through 11235 (red light abatement) within the last ten years. This
background check requirement shall only apply to those who become
an owner or operator of a massage establishment after January 4, 2024.
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The city may deny an application for a massage establishment
license or renewal application, as applicable, within the jurisdiction
of the city to any massage establishment that fails to demonstrate
the foregoing requirements and/or for any reason specified under any
applicable provision of this municipal code.
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Existing massage establishments are granted a grace period to
March 4, 2024 in which comply with the background check requirements
this section. Failure to comply with the background check requirements
by March 4, 2024 will subject the owner or operator to the enforcement
provisions of this chapter.
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An applicant who is denied a business license may request a hearing under Chapter 5.08 (Uniform Permit Procedures). Failure to have a valid certificate issued by the California Massage Therapy Council shall be grounds for denial of a business license. Upon suspension or revocation of any certificate by the state council, the certificate holder shall also be prohibited from practicing under any validly issued business license until reinstated as a certificate holder by the California Massage Therapy Council under the California Massage Therapy Act, as amended.
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E.
An annual
renewal application shall be required for massage establishment licenses.
Renewal applications shall be filed on a form provided by the city,
shall be signed and submitted under penalty of perjury, and shall
include updated information to the information required under this
section when there is any personnel change to ensure that the city
has current information on file at all times relating to the massage
establishment, the owners, operators, and all persons who perform
massage or who will perform massage at the massage establishment.
F.
A massage
establishment license issued by the city pursuant to this chapter
shall not be transferred, sold, or assigned to any other person or
entity, except with the prior written approval of the city. A written
request for such transfer shall contain the same information for the
new ownership as is required on any application for a new massage
establishment license issued under this chapter. No massage establishment
license that is revoked or suspended by the city pursuant to this
chapter or any other provision of this municipal code shall be transferred
to any other person or entity for a period of five years from the
date of such revocation or suspension. Any such transfer, sale, or
assignment, or attempted transfer, sale or assignment of a massage
establishment license in violation of this chapter is hereby declared
invalid and the license shall become void effective on the date of
such transfer, sale, or assignment, or attempted transfer, sale, or
assignment.
G.
A change
of location of a licensed massage establishment may be approved by
the city provided the massage establishment is in compliance with
all applicable provisions of this chapter and all local laws, rules,
and regulations, and subject to all applicable provisions of this
municipal code.
(Ord. 464 § 2, 2023)
A.
The
application for a license to operate a massage establishment shall
set forth the proposed place of business and facilities therefor,
and the name and address of each applicant and whether it will operate
using independent contractors as massage practitioners and/or massage
therapists. Each independent contractor shall be required to obtain
a business license to practice massage therapy at a business in the
city of Lemon Grove.
B.
In addition
to the foregoing, any applicant for either a massage establishment
or outcall massage license shall furnish the following information,
which must be updated when there is any personnel change to ensure
the city has current information on file at all times relating to
the massage establishment, the owners, operators, massage practitioners,
and massage therapists:
1.
Proof
of a valid and active certificate to practice as a massage practitioner
or massage therapist in the state of California;
2.
If
the applicant is a corporation, the name of the corporation shall
be set forth exactly as shown in its articles of incorporation, together
with the names and residence addresses of each of its officers, and
directors;
3.
Any
business entity, regardless of form, that has independent contractors
who operate as massage practitioners or massage therapists within
the city shall submit a list of independent contractors that work
with the business entity within thirty days of contracting with the
independent contractor to practice in Lemon Grove or operate from
the business location within the city;
4.
An
independent contractor shall list the location(s) of businesses where
the independent contractor practices massage therapy in the city of
Lemon Grove;
5.
Legal
name, address, and telephone number of the real property owner of
the premises at which the massage establishment will operate, and
if a separate person or entity, an executed copy of the lease or rental
agreement for the premises;
6.
Complete
description of all services to be provided at the massage establishment;
7.
Legal
name of all massage therapists who will perform massages at the massage
establishment, and a copy of their current, valid and authentic California
Massage Therapy Council Certificate. The legal name of any massage
therapist hired after the submittal of an application must be reported
to the city prior to the massage therapist performing any massage;
8.
Legal
name of all owners and operators of the massage establishment;
9.
Current
residential address and telephone number and current business address
and telephone number of all owners and operators of the massage establishment;
10.
Current, valid, and authentic driver's license or photo identification
card issued by a state or federal government agency, or other photographic
identification bearing a bona fide seal by a foreign government, of
all owners and operators of the massage establishment;
11.
Date of birth, gender, height, weight, hair color, and eye color
of all owners and operators of the massage establishment;
12.
Signed statement by each owner and operator of the massage establishment
who does not possess a current, valid and authentic California Massage
Therapy Council Certificate, authorizing law enforcement to conduct
a background check of that individual, and including the following:
(a) any and all aliases and fictitious names used by the individual
within the last five years; (b) the individual's business, occupation
and employment history for the five years preceding the date of the
massage establishment license application; (c) the inclusive dates
of such employment history; (d) the name and address of any massage
establishment or similar business owned, operated or managed by the
individual; and (e) any other information as may be reasonably required
the city to identify the individual and to ensure compliance with
all applicable laws, rules and regulations;
13.
Signed statement by each owner and operator of the massage establishment
acknowledging the following: (a) all of the information contained
in the massage establishment license application is true and correct;
(b) all owners and operators are familiar with the requirements of
this chapter and all applicable requirements of the municipal code,
and shall communicate those requirements to employees of the massage
establishment, and also to patrons of the massage establishment on
inquiry or as called for by specific circumstances; (c) all owners
and operators are responsible for the massage establishment and the
conduct of all persons who perform massages at the massage establishment,
and ensuring compliance with this chapter and all applicable requirements
of the Municipal Code; (d) any act or omission of any employee of
the massage establishment constituting a violation of any provision
of this chapter shall be deemed to be an act or omission of the owner
and operator for purposes of determining whether to suspend or revoke
or deny the renewal of a massage establishment license; and (e) failure
to comply with the California Business and Professions Code Sections
4600 et seq., or with any local, state or federal laws, rules or regulations,
and/or the provisions of this chapter may result in revocation of
the massage establishment license;
14.
Copy of a current and valid public health permit to operate a massage
establishment issued by the department of environmental health and/or
the health and human services agency of the county of San Diego, unless
deemed to be exempt from this requirement pursuant to this chapter
or an applicable city or county exemption.
(Ord. 464 § 2, 2023)
To the extent they are applicable, the provisions of Title 5 (Business Taxes, Licenses, Permits and Regulations) govern the businesses authorized under this chapter.
(Ord. 464 § 2, 2023)
No person, association, partnership, or corporation may engage
in, conduct or carry on, or permit to be engaged in, conducted or
carried on the operation of a massage establishment unless each and
all of the following requirements are met:
A.
Massage
services may only be conducted, and the premises may only be open
to customers, between the hours of nine a.m. and nine p.m.
B.
A list
of services available and the cost of such services shall be posted
in an open and conspicuous public place on the premises. The service
shall be described in readily understandable language in English and
may also then be described in any other language. No owner, operator,
responsible managing employee, manager, permittee, or licensee in
charge of or in control of the massage establishment shall permit
and no massage therapist shall offer or perform, any service other
than those posted.
C.
The
massage establishment business license and a copy of the permit of
each and every massage therapist employed by or working in the establishment
must be displayed in an open and conspicuous public place on the premises.
This subdivision shall not apply to outcall massage businesses.
D.
Hot
and cold running water under pressure shall be provided to all washbasins,
bathtubs, showers, and similar equipment. Each washbasin shall be
provided with soap or detergent and sanitary towels placed in permanently
installed dispensers. A trash receptacle shall be provided in each
toilet room. This subdivision shall not apply to outcall massage businesses.
E.
Clean
and sanitary towels, sheets and linens shall be provided for each
patron receiving massage services. No common use of towels or linens
shall be permitted, and reuse is prohibited unless they have been
first laundered. Heavy white paper may be substituted for sheets,
provided that such paper is used once for each person and then discarded
into a sanitary receptacle.
F.
Disinfecting
agents and sterilizing equipment shall be available for any instruments
used in performing any massage. Instruments will be disinfected or
sterilized after each use.
G.
Pads
used on massage tables shall be covered in a workmanlike manner with
durable, washable plastic or other waterproof material.
H.
Each
establishment shall provide to all patrons clean, sanitary, and opaque
coverings capable of covering the patron's specified anatomical areas.
Such coverings shall be used for one customer only and shall not be
reused without first being cleaned.
I.
No owner, operator, responsible managing employee, manager, or permittee in charge of or in control of a massage establishment shall permit a massage to be given unless the patron's specified anatomical areas are covered during the entire massage by the covering referred to in subsection (H).
J.
With
the exception of bathrooms or dressing rooms not open to public view,
no person or persons shall be permitted in any area within the massage
establishment which is used in common by the patrons or which can
be viewed by patrons from such an area, unless the specified anatomical
areas of all persons within that area are fully covered.
K.
It is
unlawful for an owner, operator, responsible managing employee, manager,
permittee in charge of or in control of a massage establishment to
permit any person or any massage therapist to perform any service
or task while in the presence of a patron or to be on the premises
of a massage establishment during its hours of operation unless the
massage therapist is dressed in a manner that does not violate paragraph
(10) of subdivision (a) of Section 4609 of the California Business
and Professions Code.
L.
Any
person performing services as a massage therapist must wear a visible
California Massage Therapy Council identification card and have a
copy of their driver's license or any other photo identification card
issued by a state or federal agency readily available for inspection
by city or county investigating officials.
M.
An owner,
operator, or responsible managing employee that has been approved
by the city and passed a background check must be on the business
premises at all times during hours of operation of the business.
N.
For
each massage service provided, every massage establishment shall keep
a complete and legible written record of the following information:
the date and hour that service was provided; the service received;
the name or initials of the employee entering the information; and
the name of the massage practitioner administering the service. Such
records shall be open to inspection and copying by law enforcement
or designee, or may be used by any massage practitioner or operator
as records of service provided, but may not be provided to other parties
by the massage practitioner or operator unless otherwise required
by law. Such records shall be retained on the premises of the massage
establishment for a period of two years and be immediately available
for inspection during business hours.
O.
No existing
massage establishment located in a building or structure with exterior
windows fronting a public street, highway, walkway or parking area
shall block during business hours visibility into the interior reception
and or waiting areas through the use of curtains, closed blinds, tints,
posters, advertisements, photos, signs or any other material that
obstructs, blurs, darkens or unreasonably darkens obstructs the view
into the premises. This subdivision shall not apply to outcall massage
businesses. Existing massage establishments with exterior windows
fronting a public street, highway, walkway, or parking area as of
January 4, 2024 shall not modify such windows that substantially reduces
or changes their size, shape, or square footage. No exterior windows
fronting a public street, highway, walkway or parking area that existed
prior to a massage establishment commencing operations after January
4, 2024 shall be modified in any way that substantially reduces or
changes their size, shape, or square footage.
P.
All
signs shall be in accordance with the current ordinances of the city
of Lemon Grove.
(Ord. 464 § 2, 2023)
In addition to the conduct, activities, items, and/or substances
prohibited by federal, state, and local laws, the following conduct
is prohibited at massage establishments or in the course of providing
massage services:
A.
The
sale, service, or consumption of alcohol or marijuana; and
B.
Audio
and/or video recording of, or monitoring of, the patron or massage
therapist while providing massage services without the prior written
consent of both the patron and the massage therapist; and
C.
Residing
in or at the massage establishment by any person including, but not
limited to, the operator, owner, responsible person, or employee of
the massage establishment; and
D.
Advertising
or marketing illegal activity, advertising or marketing sexual content
related to massage therapy, or advertising or marketing sexual content
in the promotion of the massage establishment; and
E.
Use
or possession of adult-oriented merchandise, including "sex toys"
and/or condoms, in any part of a massage establishment; and
F.
Any
sexual activity at a massage establishment; and
G.
No owner,
operator, responsible managing employee, manager, permittee, or licensee
in charge of or in control of a massage establishment shall permit
any person to massage or intentionally touch the specified anatomical
areas of another person while performing the services of a massage
therapist.
(Ord. 464 § 2, 2023)
It is unlawful for any person to engage in, conduct, carry on,
or permit to be engaged in, conducted or carried on, massage, for
any form of consideration, in any hotel room, motel room, guesthouse,
home-sharing rental or other place of public accommodation. This section
shall not be construed to prohibit:
A.
Maintaining
a licensed massage establishment upon the premises of a place of public
accommodation;
B.
Conducting
massage services as a vendor at a festival, farmers market, or other
event of limited or temporary duration; or
C.
The
holder of a massage practitioner certification issued by the California
Massage Therapy Council pursuant to Chapter 10.5 of the California
Business and Professions Code from giving or administering massages
within hospitals, convalescent centers, rest homes, offices, or the
private home of a patron. For the purposes of this section, offices
and private homes shall not include hotel rooms or motel rooms.
(Ord. 464 § 2, 2023)
The provisions of this chapter shall be applicable to all persons
and businesses described in this chapter whether the described activities
in the chapter were established before or after the effective date
of this chapter. Any existing massage therapist who performs massage
and any massage establishment that employs or utilizes persons to
perform massage within the jurisdiction of the city, that operates
with a valid and current business license issued by the city and all
other necessary approvals issued prior to the effective date of any
amended regulations in this chapter, and that operates in compliance
with all local, state, and federal laws, ordinances, rules and regulations,
must be in full compliance with this chapter no later than sixty days
following the effective date of any new regulations.
(Ord. 464 § 2, 2023)
A.
All
advertising to perform massage services within the jurisdiction of
the city by any massage therapist or massage establishment providing
massage services within the jurisdiction of the city shall include
legible CAMTC certificate numbers for all massage therapists providing
the advertised services as well as the massage establishment's name
and city business license number as of the date the advertisement
is published, printed, or otherwise first made available to the public.
This requirement shall apply to any and all types of advertising,
including, but not limited to, business cards, written pamphlets,
flyers, posters, leaflets, online social media, online bulletin boards,
and internet websites.
B.
No person,
massage therapist or massage establishment shall engage in sexually
suggestive advertising, including sexually suggestive photographs
and language, related to massage services.
C.
No person,
massage therapist or massage establishment shall place, publish or
distribute, or cause to be placed, published or distributed, any advertising
matter related to performing any service or act prohibited under this
chapter.
(Ord. 464 § 2, 2023)
This chapter shall not apply to:
A.
Physicians,
surgeons, chiropractors, osteopaths, psychiatrists, psychologists,
acupuncturists, physical therapists, family counselors or other health
care professionals who are licensed to practice their respective professions
by the state of California or who are permitted to practice temporarily
under the auspices of an associate or establishment duly licensed
by the state of California, pursuant to the Business and Professions
Code;
B.
Nurses
and other health care professionals who are registered or licensed
under the laws of this state and administer a massage in the normal
course of professional health care duties;
C.
A trainer
of any duly constituted athletic team or athlete who administers massage
in the normal course of training duties to the team or athlete;
D.
Barbers,
cosmetologists, and estheticians duly licensed under the laws of the
state who administer a massage incidental to a barber or beauty service
provided in the normal performance of their profession. This exemption
shall apply only if massage is provided from a fixed and permanent
location of business;
E.
Therapeutic
massage administered in or under the auspices of any health facility,
hospital or other establishment licensed under California statutes
in which the above-described persons practice their respective professions,
provided the massages are given only by exempt individuals or persons
acting under their supervision;
F.
Any
bona fide athletic club which offers tennis, racquetball, swimming
or other sport activities and possesses a sauna or steam room. Massage
shall only be administered to members of the athletic club by persons
who are exempt under this section.
(Ord. 464 § 2, 2023)
The city, county, or any investigating official shall have the
right to enter the premises of the massage establishment from time
to time during regular business hours, with or without advance notice,
to conduct reasonable inspections to enforce compliance with this
chapter and with building, fire, electrical, plumbing, and/or state
and local health and safety regulations.
No person shall refuse to permit or interfere with a lawful
inspection of any portion of the massage establishment by city or
county investigating officials.
(Ord. 464 § 2, 2023)
Any massage establishment operated, conducted, or maintained
contrary to the provisions of this chapter and/or state and federal
laws shall be and the same is hereby declared to be unlawful and a
public nuisance. The city attorney may, in addition to or in lieu
of prosecuting a criminal action hereunder, commence an action or
actions, proceeding or proceedings for the abatement, removal, or
enjoinment thereof, in any manner provided by law.
(Ord. 464 § 2, 2023)
A.
Every person, except those persons who are specifically exempted by this chapter, whether acting as an individual, owner, employee of the owner, operator or employee of the operator, or whether acting as a mere helper or agent for the owner, employee or operator, or acting as a participant or worker in any way, who gives massages or conducts a massage establishment or practices the giving or administering of any of the services defined in Section 8.20.050 without first obtaining the necessary permit or license shall be guilty of a misdemeanor and/or infraction as determined by the city attorney.
B.
Any
owner, operator, manager, or person in charge or in control of a massage
establishment who knowingly employs a person performing as a massage
practitioner or massage therapist, as defined in this chapter, who
is not in possession of a valid, unrevoked permit, or who allows such
massage therapist to perform, operate or practice within such place
of business, is guilty of a misdemeanor and/or infraction as determined
by the city attorney.
C.
Any
owner, operator, or manager shall require that all employees and independent
contractors possess a valid certificate to practice as a massage practitioner
or massage therapist. Any business found to be operating with an employee
or independent contractor who does not possess a valid state certificate
shall be in violation of the requirements of this chapter.
D.
Enforcement of the provisions of this chapter shall be governed by the procedures established under Title 1 (General Provisions) of the Lemon Grove Municipal Code. All remedies listed therein are cumulative, in addition to any other remedies available under the general laws of the state, may be utilized to remedy violations of this municipal code. Upon any finding (administrative or legal) that any person is practicing massage therapy without a valid license from the city of Lemon Grove or the state of California, the massage establishment or sole practitioner shall lose their business license granted hereunder subject to the applicable appeal process.
(Ord. 464 § 2, 2023)
