HomeMy WebLinkAboutCC ORD 2023-2524 Amending Chapter 10.79 Massage Establishings RegulationsORDINANCE CE NO. 2023 - 2524
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, AMENDING CHAPTER 10.79 MASSAGE ESTABLISHMENTS
REGULATIONS OF THE NATIONAL CITY MUNICIPAL CODE.
WHEREAS, the City of National City (the "City"), pursuant to police powers
delegated to it by the California Constitution, has the authority to enact or amend laws
that promote the public health, safety, and general welfare of its residence; and
WHEREAS, pursuant to the terms and provisions of the Government Code of the
State of California, proceedings were duly initiated forthe amendment of the National City
Municipal Code NC C ; and
WHEREAS, the National City Police Department submitted Section 10.7
Massage Establishments of the NCMC to the California Massage Therapy Council
(CAMTC)for review to which they have provided several recommended corrections,
additions and modifications to aid the City of National City Police Department, Code
Enforcement, and the City Attorney's Office with enforcement, regulation, and removal of
illicit massage parlors in the City of National City; and
WHEREAS, pursuant to a published 10-day notice of the adoption of said
Ordinance, a Public Hearing was held by the City Council on November 7, 2023, and at
said Public Hearing, all persons interested were given the opportunity to appear and be
heard before the City Council.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, OL'1 E, DECLARE, E, DETERMINE, AND ORDER AS
FOLLOWS:
Section 1. All protests, if any, against said amendment to the Municipal Code
and each of them be and hereby are denied and overruled.
Section 2. Section 10.79 Massage Establishments is hereby amended to read
as follows in Attachment "A" attached to this Ordinance.
Section 3. This Ordinance shall take effect and be in force thirty days from
the date of its passage, and before the expiration of fifteen (15) days after its passage, it
or a summary of it, shall be published once, with the names of the members of the City
Council voting for and against the same in the Star flews, a newspaper of general
circulation published in the County of San Diego, California.
Section 4. The City Clerk shall certify to the adoption of this Ordinance and shall
publish in accordance with the law.
i
INTRODUCED at Regular Meeting of the City Council of the City of National City,
held on this November 7, 2023
r
PASSED and ADOPTED this 21st day of Novmber, 2023.
ATTEST:
hellehapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J..' ultz, City A torney
Morrison, Mayor
Passed and adopted by the Council of the City of National City, California, on
November 21, 2023 by the following vote, to -wit:
Ayes: Bush, Rodriguez, Yamane, Molina, Morrison
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: Ron Morrison
Mayor of the City of National City, California
Shelley Chapel
City Clerk of the
City of National City, California
By: CX7
City CLe
I HEREBY CERTIFY that the foregoing Ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on November 7, 2023 and on November 21, 2023.
I FURTHER CERTIFY THAT said Ordinance was read in full prior to its final passage or
that the reading of said Ordinance in full was dispensed with by a vote of not less than
a majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a written or printed copy of said Ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2023-2524 of the City Council of the City of National City, passed
and adopted by the Council of said City on November 21, 2023.
City erk of the
Cit of National City, California
By:
Attachment' "
Chapter 10,79 MASSAGE ESTABLISHMENTSI
10.7 .010 Title and administration.
Thischapter may be referred to as the National City massage establishment ordinance.
Issuance and administration of permits is governed by Chapter 10.70.
(Ord. No. 01. - 4 4, § 8, 1-22-2019)
1 .7 .0 0 Purpose and intent.
It is the purpose and intent of this chapter to provide for the orderly regulation of a massage
establishment business in the city in order to protect the public health, safety, and welfare by
promulgating minimum standards for the establishment and operation of those businesses and to
prevent the facilitation of prostitution.
(Ord. No. 019- 4 4, § 8, 1-22-2019)
1 .7 .0 0 Definitions.
Whenever in thischapter the following words or phrases are used, they shall mean as
follows:
A. "California Massage Therapy Council (CAMTC)" means the state organized non-profit
organization created to regulate the massage industry set forth in Chapter 10.5 of
Division 2 of the California Business and Professions Code, commencing with section
4600.
B. "CAMTC certificate" means a current andvalid certificate issued by the California
Massage Therapy Council to a massage technician.
G. "Compensation" means the payment, loan, advance, donation, contribution, deposit,
exchange, or gift of money or anything of value.
D. "Employee" means any person hired by a massage establishment who renders any
service for the business/owner in exchange for any form of compensation from the
business, including independent contractors.
E. "Massage" means 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.
'Editor's note(s) Ord. No. 01 - 454, § 6, adopted Jan. 22020190 amended Ch. 10.79 in its entirety to read as
herein set out. Former Ch. 1039, §§ 10.7 .010-10.79.110, pertained to similar subject matter, and derived
from Ord. 2204 § 8 (part), 2002; Ord. 2220 § 4, 2003).
F. "Massage establishment" means an establishment where massage is administered,
G. "Massage practitioner," "massage technician," or "technician" means any person,
including a holistic health practitioner as defined in subsection 0, who gives or
administers to another person of the same or opposite gender, for any form of
consideration, a "massage" as defined in this chapter.
FL "Massage establishment operator" or "operator" means any person, including a holistic
health practitioner as defined in subsection 0, who operates an establishment to give
or administer to another person of the same or opposite gender, for any form of
consideration, a "massage" as defined in this chapter. This includes any person who
supervises, manages, directs, organizes, controls, or in any other way is responsible
for or in charge of the daily operation, conduct, or activities of a massage establishment.
I. "Massage practitioner certification" means a certification issued by the California
Massage Therapy Council pursuant to Chapter 10.5 of the California Business and
Professions Code.
J. "Patron" means any individual that provides financial support to a massage
establishment and receives or waits to receive massage therapy services.
K. "Permit" under this chapter means an annual permit to operate a massage
establishment as required by this code.
L. "Sexually suggestive advertising" means advertising that depicts any portion of the
human body or includes language that would reasonably suggest to prospective clients
that services other than those services listed are available.
M. "Sole Proprietorship" means a massage establishment where the owner owns one
hundred percent of the business and has one or no other employees or independent
contractors.
I. The term "specified anatomical areas" 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.
O. "Holistic health practitioner" means a non -medical or other health care therapist who
uses acupressure (excluding "acupuncture") or a massage specialty and therapeutic
approach in caring for clients, and who is not licensed by the state of California.
"Visitor" means any individual not retained or employed by the massage establishment
and not receiving or waiting to receive massage therapy services, but excluding law
enforcement personnel or government officials performing governmental business.
Q. "Working directly under the supervision" means that the person is an employee of the
licensed person, is working at the same location as the licensed person, has his or her
work supervised by the licensed person, and that the licensed person is present when
the employee is performing massage.
(Ord. No. 01 - 4 , § 8, 1-22-2019)
P.
10.79.040 Massage operator permit required.
A. It is unlawful for any person to operate a massage establishment in or upon any premises
within the city without first obtaining the permit from the Department of Public Safety as
required by this chapter and Chapter 10,70, except as exempted by Section 10.7 .170.
B. A massage establishment police regulated permit required by this chapter and Chapter 10.70
shall be valid for one year, coinciding with the city business license effective and expiration
dates. Permit renewal shall be made by the applicant within thirty days prior to the expiration
of the permit. If an application for renewal of a permit and all required information is not timely
received and the permit expires, no right or privilege to continue the massage establishment
governed by Chapter 10.79 shall exist.
C. It is unlawful for the operator, owner, or other responsible person, of a massage
establishment to employ or otherwise allow a person to perform massage for compensation
on the premises, unless that person has a valid massage practitioner certification issued by
the California Massage Therapy Council pursuant to Chapter 10.5 of the California Business
and Professions Code and unless that person is identified as an authorized massage
practitioner on the permit issued pursuant to this chapter.
D. The owner or operator of a massage establishment shall submit a revised list with the
information specified in Section 10.70.030.B.15 to the police department within five business
days upon any change to the list.
(Ord. No. 201 -24 4, § 85 1-22-2019)
10.79.050 Massage age technician's certification required.
A. It is unlawful for any person to perform services as a massage technician 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 riot authorize the operation of a massage
establishment. Any person or massage technician who desires to operate a massage
establishment must apply separately to the city for a permit and a business license.
(Ord. No. 201 -24 4, § 8, 1-22-2019)
10.79.060 Minimum facilities require.
No permit toconduct a massage establishment shall be granted unless an inspection by the
chief of police or designee and the county health officer and the fire and building officials
demonstrates that the proposed establishment does or will comply with each of the following
minimum requirements:
A. A recognizable and legible sign is posted at the main entrance identifying the premises
as a massage establishment;
B. Minimum lighting of at least forty watts is provided in accordance with the building code
of the city;
C. Minimum ventilation is provided in accordance with the building code of the city;
D. Equipment approved by the health department for disinfecting and sterilizing
instruments used in performing acts of massage is provided;
E. Hot and cold running water is provided at all times;
F. Closed cabinets are provided, which cabinets shall be utilized for the storage of clean
linen;
G. Adequate dressing, locker, and toilet facilities are provided for patrons. A minimum of
one dressing room containing a separate locker for each person to be served, which
locker shall be capable of being locked, and a minimum of one toilet and one wash
basin shall be provided by every massage establishment;
H. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical
facilities for the establishment must be in good repair and maintained in a clean and
sanitary condition. Wooden surfaces must be painted with a washable, mold resistant
paint. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets,
shower compartments and toilet rooms must be thoroughly cleaned and disinfected
each day the business is in operation with a disinfectant approved by the health
department. Bathtubs must be thoroughly cleaned and disinfected after each use with
a disinfectant approved by the health department; and
I. A minimum of one separate wash basin is provided in each massage establishment for
the use of employees of any such establishment, which basin shall provide soap or
detergent and hot and cold running water at all times, and is located within or as close
as practicable to the area devoted to the performing of massage services. In addition,
there must be provided at each washbasin sanitary towels placed in permanently
installed dispensers.
(Ord. No. 19- 4 4, § 8, 1- - 19
10.79.070 Massage establishment operating requirements.
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 operations may only be carried on, and the premises may only be open,
between the hours of 10:00 a.m. and 10:00 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 technician shall offer or perform, any service other than those posted.
C. It is unlawful for a massage establishment to operate under any name or conduct
business under any designation not specified in the massage establishment permit
issued pursuant to this chapter.
D. The massage establishment business tax license, massage establishment permit, and
a copy of the CAMTC certification of each and every massage technician employed by
or working in the establishment must be displayed in an open and conspicuous public
place on the premises,
E. Hot andcold 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.
F. 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.
G. 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.
H. Pads used on massage tables shall be covered in a workmanlike manner with durable,
washable plastic or other waterproof material.
I. 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.
J. 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 I.
K. 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.
L. 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 massage
technician 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 technician is dressed in a manner that does not violate paragraph (10) of
subdivision (a) of Section 4609 of the California Business and Professions Code.
M. Any person performing services as a massage technician must wear a visible CAMTC
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.
N. An operator or owner must be on the business premises at all times during hours of
operation of the business.
O. 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 the chief of police 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.
P. Persons of a massage establishment outside the waiting area shall be a patron,
employee, or the massage establishment owner or operator.
Q. Visitors shall only be permitted in the waiting area; however, the following exceptions
may apply:
i
a. The parent or guardian of a patron who is a minor may be present in the massage
therapy room with that minor;
b. The minor of a patron may be present in the massage therapy room with the patron
when necessary for the supervision of the minor; or
c. The conservator, aid, or other caretaker of a patron who is elderly or disabled may
be present in the massage therapy room with that elderly or disabled person.
R. No massage establishment located in a building or structure with exterior windows
fronting a public street, highway, walkway or parking area shall block visibility into the
interior reception and waiting area through the use of curtains, closed blinds, tints, or
any other material that obstructs, blurs, or unreasonably darkens the view into the
premises.
S. All signs shall be in accordance with the current ordinances of the City of National City.
(Ord. No. 201 - 4 4, § 8, 1-22-2019)
10.79.080 Massage establishment Prohibitd conduct.
In addition to the conduct/activities, items, and/or substances prohibited by federal and state
laws, the following conduct is prohibited at massage establishments:
A. The sale, service, or consumption of alcohol or marijuana; and
B. Operate under any name or conduct business under any designation not specified in
the massage establishment permit issued pursuant to this chapter; and
C. The employment of a person lacking state certification as a receptionist without prior
notification and approval by the license authority; and
C. Continue to operate following the sale or transfer of any interest in the massage
establishment to a person who was not identified as an owner in the massage
establishment permit application; and
E. Audio and/or video recording of, or monitoring of, the patron, the massage therapist, or
the massage therapy, without the prior written consent of the patron; and
F. 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
G. Advertising or marketing illegal activity, advertising or marketing sexually suggestive
content related to massage therapy or in the promotion of the massage establishment;
and
H. Use or possession of adult -oriented merchandise, including "sex toys" andfor condoms,
in any part of a massage establishment; and
I. Any sexual activity at a massage establishment; and
J. 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 technician.
(Ord. No. 1 - 4 4, § 8, 1-22-2019)
10.79.090 Off -premises s massage Prohibited.
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 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; or
B. 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, motel rooms, or guest houses.
(Ord. No. 01 - 4 4, § 8, 1-22-2019)
1 .79.1 0 Existing businesses —Regulated.
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 technician 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 or Chapter 10.70, and that operates in compliance with all local, state and federal
laws, ordinances, rules and regulations, must be in full compliance with Chapters 10.70 and 10.79
no later than sixty days following the effective date of any new regulations.
(Ord. No. 1 - 4 4, § # 1-22-2019)
10.79.110 Exemptions.
This chapter shall not apply to:
A. Physicians, surgeons, chiropractors, osteopaths, nurses, psychiatrists, psychologists,
acupuncturists, physical therapists, family counselors or other health care professionals
who are duly 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 and persons working directly under the supervision of such licensed
persons;
B. A trainer of any duly constituted amateur, semi-professional, or professional athlete or
athletic team who administers massage in the normal course of training duties to the
team or athlete and trainers in conjunction with a specific athletic event such as an
outdoor road or bike race;
D. Barbers, beauticians, cosmetologists, estheticians, and other persons duly licensed to
practice any healing art 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,
and who perform massages only on the neck, face, and/or scalp of the customers. 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, nursing homes, sanitariums, or other establishment duly 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 personal fitness training centers, gymnasiums, athletic facilities or health
clubs 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, No. 01 - 4 4, § 8, 1-22-2019)
10.79.120 Inspection by officials.
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 to conduct reasonable
inspections to enforce compliance with this chapter, Chapter 10.0, 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 the massage
establishment by city or county investigating officials.
(Ord. No. 201 w 4, § 8, 1-22-2019)
10.79.130 Unlawful massage establishment or operation.
Any massage establishment operated, conducted or maintained contrary to the provisions
of this chapter, Chapter 10.70 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,
including as provided in Chapter 10..
(Ord. No. 01 - 4 4, § 8, 1-22-2019)