Proposed San Francisco Massage Ordinance

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PROPOSED MASSAGE LEGISLATION
dated October 15, 1999
by Supervisor Yaki

Note: This entire section is new.

Be it ordained by the People of the City and County of San Francisco:

ARTICLE 28
MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES

SEC. 1800. DEFINITIONS. For the purposes of this Article:
(a) "City" means the City and County of San Francisco.
(b) "Director" means the Director of Public Health or any individual designated by the Director to act on his or her behalf.
(c) "Massage" means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external soft pads of the body with the hands or with the aid of any mechanical electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol liniments, antiseptics, oils, powder, lotions, ointments or other similar preparations.
(d) "Massage Establishment" means a fixed place of business where more than one Person engages in or carries on, or permits to be engaged in or carried on, the practice of Massage.
(e) "Massage Practitioner" means any individual who, for any consideration whatsoever, engages in the practice of Massage.
(f) "National Certification" means any certificate or document attesting that the individual whose name appears on the certificate or document has passed an independently prepared and administered exam which has been recognized by objective standards to evaluate professional levels of skill, safety, and competence, as determined by the National Commission for Certifying Agencies or a similar certifying body.
(g) "Outcall Massage Service" means any business, not permitted as a Massage Establishment under the provisions of this Article, wherein the primary function of such business is to engage in or carry on Massage not at a fixed location but at a location designated by the client or customer.
(h) "Permittee" means the owner, proprietor, manager, or operator of a Massage Establishment, Outcall Massage Service, or Solo Practitioner Massage Establishment.
(i) "Person" means any individual, partnership, firm, association, joint stock company, corporation, or combination of individuals of whatever form or character.
(j) "Qualifying Professional Organization in Therapeutic Massage" means any organization or association which:
(1) Is generally recognized within the therapeutic massage community as serving the needs of the profession;
(2) Requires its members to meet minimum educational requirements appropriate to the nature of their work;
(3) Offers and encourages participation in continuing education programs;
(4) Has an established code of ethics and has enforcement procedures for the suspension and revocation of membership of individuals violating the code of ethics; and
(5) Does not discriminate on the basis of race, religion, color, ancestry, age, sex, sexual orientation, gender identity, disability, or place of birth.
(k) "Recognized School for General Massage" means any school or institution of learning which teaches the theory, ethics, practice, profession, and work of Massage, which requires a resident course of study of not less than 70 hours to be completed in not more than three calendar months before the student shall be furnished with a diploma or certificate of graduation, and which has been approved pursuant to California Education Code Section 94300 et seq., or, if said school or institution is not located in California, has complied with standards commensurate with those required in said Section 94300 et seq. and has obtained certification under any similar state approval program, if such exists.
(1) "Recognized School for Therapeutic Massage" means any school or institution of learning which teaches the theory, ethics, practice, profession, and work of Massage, which requires a residence course of study before the student receives a diploma or certificate of graduation, and has been approved pursuant to California Education Code Section 94300 et seq., or, if said school or institution is not located in California, has complied with standards commensurate with those required in said Sections 94300 et seq. and has obtained certification under any similar state approval program, if such exists.
(m) "Solo Practitioner Massage Establishment" means a fixed place of business where only one Person engages in or carries on, or permits to be engaged in or carried on, the practice of Massage.
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SEC. 1801. PERMIT REQUIRED FOR A MASSAGE ESTABLISHMENT OR OUTCALL MASSAGE SERVICE.
It shall be unlawful for any Person to engage in, conduct, or 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 or Outcall Massage Service without first obtaining a permit from the Director.
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SEC. 1802. APPLICATION FOR MASSAGE ESTABLISHMENT OR OUTCALL MASSAGE SERVICE PERMIT.
(a) Every applicant for a massage establishment or outcall massage service permit shall file an application with the Director upon a form provided by the Director and pay an application fee, which shall not be refundable. The Director shall set said fee at an amount necessary to cover the costs of processing the application.
(b) The application shall set forth, under penalty of perjury, the following:
(1) The exact nature of the services to be rendered;
(2) The address of the proposed place of business and facilities thereof;
(3) The number of individuals to be employed by the business;
(4) The name, residence address, and date of birth of each applicant;
(5) Any history of previous massage permits or licenses in San Francisco or elsewhere, including whether any such permit or license has been revoked and the reasons therefor, for each applicant; and
(6) All felony or misdemeanor convictions for each applicant.
(c) The Director is hereby authorized to require in the application any other information including, but not limited to, information related to the health, hygiene, and sanitation of the premises.
(d) If an 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 the officers, directors, and each stockholder holding more than 10 percent of the stock of the corporation. If the application is a partnership, the application shall set forth the name and the residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this Section pertaining to corporate applicants applies.
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SEC. 1803. PERMIT REQUIRED FOR SOLO PRACTITIONER MASSAGE ESTABLISHMENT.
It shall be unlawful for any Person to engage in, conduct, or 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 Solo Practitioner Massage Establishment without first obtaining a permit from the Director.
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SEC. 1804. APPLICATION FOR SOLO PRACTITIONER MASSAGE ESTABLISHMENT PERMIT.
(a) Every applicant for a solo practitioner massage establishment permit shall file an application with the Director upon a form provided by the Director and pay an application fee, which shall not be refundable. The Director shall set said fee at an amount necessary to cover the costs of processing the application.
(b) The application shall set forth, under penalty of perjury, the following:
(1 ) The exact nature of the services to be rendered;
(2) The address of the proposed place of business;
(3) The name, residence address, and date of birth of the applicant; (4) All felony and misdemeanor convictions of the applicant;
(5) Any history of previous massage permits or licenses in San Francisco G. elsewhere, including whether any such permit or license has been revoked and the reasons therefore, for each applicant; and
(6) Proof of a current and valid therapeutic massage practitioner permit issued by the Director.
(c) The Director is hereby authorized to require in the application any other information, including, but not limited to, any information necessary to discover the truth of the matters set forth in the application.
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SEC. 1805. PERMIT REQUIRED FOR MASSAGE PRACTITIONER.
It shall be unlawful for any individual to engage in the practice of Massage without first obtaining a permit from the Director. An individual may apply for either a general massage practitioner permit or a therapeutic massage practitioner permit or both.
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SEC. 1806. APPLICATION FOR GENERAL MASSAGE PRACTITIONER PERMIT.
(a) Every applicant for a general massage practitioner permit shall file an application with the Director upon a form provided by the Director and pay an application fee, which shall not be refundable. The Director shall set said fee at an amount necessary to cover the costs of processing the application.
(b) The application for a general massage practitioner permit shall set forth, under penalty of perjury, the following:
(1 ) Name and residence address of the applicant;
(2) The social security number and driver's license number, if any, of the applicant;
(3) Written evidence that the applicant is at least 18 years of age;
(4) All felony or misdemeanor convictions; and
(5) The name and address of the Recognized School for General Massage attended, the dates attended, and a copy of the diploma or certificate of graduation awarded the applicant showing the applicant has completed not less than 70 hours of instruction.
(c) The Director is authorized to require in the application any other information including, but not limited to, any information necessary to discover the truth of the matters set forth in the application.
(d) As part of the application process, each applicant shall take a written or oral examination designed by the Director and offered no less than once every two weeks. The examination shall cover basic Massage skills, include at least 10 questions, and have a passing score of 80%.
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SEC. 1807. APPLICATION FOR THERAPEUTIC MASSAGE PRACTITIONER PERMIT.
(a) Every applicant for a therapeutic massage practitioner permit shall file an application with the Director upon a form provided by the Director and pay an application fee, which shall not be refundable. The Director shall set said fee at an amount necessary to cover the costs of processing the application.
(b) The application for a therapeutic massage practitioner permit shall set forth, under penalty of perjury, the following:
(1 ) Name and residence address of the applicant;
(2) The social security number and driver's license number, if any, of the applicant;
(3) Written evidence that the applicant is at least 18 years of age;
(4) Applicant's height, weight, and color of hair and eyes;
(5) Two prints of a recent passport-size photograph of applicant;
(6) Business, occupation or employment of the applicant for the five years immediately prior to the date of application; this information shall include, but not be limited to, a statement as to whether or not the applicant, in working as a Massage Practitioner or bodywork technician or similar occupation under a permit or license, has had such permit or license revoked or suspended, and the reasons therefor;
(7) All felony or misdemeanor convictions;
(8) The name and address of the Recognized School for Therapeutic Massage attended, the dates attended, and a copy of the diploma or certificate of graduation awarded the applicant; and
(9) Proof that the applicant is a member in good standing in a state or national Qualifying Professional Organization in Therapeutic Massage or that the applicant holds a current National Certification and satisfies one of the following conditions:
(i) Has completed 500 hours of instruction in a massage/bodywork specialty and health enhancement approach from a Recognized School for Therapeutic Massage or from classes in massage therapy and related topics offered through State-approved colleges and universities; or
(ii) Has completed 250 hours of such instruction and, in addition, 250 hours of practical experience in a massage/bodywork specialty and health enhancement approach in the form of paid employment as documented by an IRS tax return or other affidavit. Proof of practical experience may include, but is not limited to, 1040 tax returns or W-2 tax forms provided to the applicant and certified by the employing professional; or
(iii) Has completed 100 hours of such instruction and, in addition, 400 hours of additional training in:
(A) Continuing educational classes in Massage and related topics offered by a Recognized School for Therapeutic Massage; or
(B) Classes and workshops in Massage and related topics approved by the Board of Registered Nurses for continuing education credit or approved in Category A by the National Certification Board for Therapeutic Massage and Bodywork; or
(C) Programs in Massage and related topics approved and certified by a state or national Qualifying Professional Organization in Therapeutic Massage; or
(D) Adult education classes in Massage and related topics offered through State-approved colleges and universities; or,
(iv) Has completed 100 hours of such training and, in addition, 250 hours of practical experience as described in Subsection (b)(9)(ii) of this Section and 150 hours of additional training as described in Subsection (b)(9)(iii)(A-D) of this 2 Section.
(c) Transcripts from more than one Recognized School for Therapeutic Massage may be combined to meet the educational standards required in Subsection (b)(9) of this Section.
(d) The Director is hereby authorized to require in the application any other information including, but not limited to, any information necessary to discover the truth of the matters set forth in the application.
(e) As part of the application process, each applicant shall take a written or oral examination designed by the Director and offered no less than once every two Weeks. The examination shall cover basic Massage skills, include at least 10 questions, and have a passing score of 80%.
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SEC. 1808. FACILITIES NECESSARY FOR MASSAGE ESTABLISHMENT.
No permit to conduct a Massage Establishment shall be issued unless an inspection by the Director reveals that the Massage Establishment complies with each of the following 1" requirements:
(a) Construction of rooms used for toilets, tubs, steam baths, and showers shall be made waterproof with hard nonabsorbent materials which are easily cleaned and shall be installed in accordance with the San Francisco Building Code. Plumbing fixtures shall be installed in accordance with the San Francisco Plumbing Code.
(1 ) For toilet rooms, toilet room vestibules, and rooms containing bathtubs, there shall be a waterproof floor covering, which will be carried up all walls to a height of at least five inches. Floors shall be covered at the juncture of the floor and wall with a 3/8 inch minimum radius coving.
(2) Steam rooms and shower compartments shall have waterproof floors, walls, and ceilings approved by the Director.
(3) Floors of wet and dry heat rooms shall be adequately pitched to one or more floor drains properly connected to the sewer. Dry heat rooms with wooden floors need not be provided with pitched floors and floor drains.
(4) A source of hot water must be available within the vicinity of dry and wet heat rooms to facilitate cleaning.
(b) Toilet facilities shall be provided in convenient locations. When five or more employees or patrons of different genders are on the premises at the same time, separate toilet facilities shall be provided. A single toilet shall be provided for each 15 or more persons of the same gender on the premises at any one time. Urinals may be substituted for toilets after one toilet has been provided. Doors to toilet rooms shall open inward and be self-closing. Toilet rooms shall be designated as to the gender accommodated therein.
(c) Lavatories or wash basins with both hot and cold running water shall be installed in either the toilet room or the vestibule. Lavatories or wash basins must have soap in a dispenser and sanitary towels.
(d) All portions of the Massage Establishment shall be provided with adequate light and ventilation by means of windows or skylights with an area of not less than 1/8 of the total floor area, or shall be provided with an approved artificial light and a mechanical operating ventilating system. When windows or skylights are used for ventilation, at least 1/2 of the total required window area shall be operable. To allow for adequate ventilation, cubicles, rooms, and areas provided for the use of patrons not served directly by a window, skylight, or mechanical system of ventilation shall be constructed so that the height of the partitions does not exceed 75 percent of the floor-to-ceiling height of the area in which they are located.
(e) All electrical equipment shall be installed in accordance with the requirements of the San Francisco Electrical Code.
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SEC. 1810. HEARINGS.
The Director may fix a time and place for a hearing on any application for a permit under this Article, which shall not be held more than 45 days after the receipt of the completed application, or, in the case of a permit to operate a Massage Establishment, more than 30 days after receiving the findings required under Section 1811 of this Article.
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SEC. 1811. REFERRAL OF APPLICATION FOR MASSAGE ESTABLISHMENT PERMIT TO OTHER DEPARTMENTS.
The Director, within 10 days of receiving an application for a permit to operate a Massage Establishment, shall refer the application to the City Department of Building Inspection and the City Fire and Planning Departments. Said departments shall inspect the premises proposed to be operated as a Massage Establishment and shall make written findings to the Director concerning compliance with codes that they administer.
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SEC. 1812. ISSUANCE OF MASSAGE ESTABLISHMENT OR OUTCALL MASSAGE SERVICE PERMIT.
(a) Within 14 days following a hearing, or, if no hearing is held, within 60 business days following receipt of a completed application for a massage establishment or outcall massage service permit, the Director shall either issue the permit or mail a written statement of his or her reasons for denial thereof to the applicant. If the Director takes neither action, the permit shall be deemed issued.
(b) No massage establishment or outcall massage service permit shall be issued if the Director finds:
(1 ) The applicant has provided materially false documents or testimony; or
(2) The operation as proposed by the applicant would not comply with all applicable laws including, but not limited to, the City Building, Planning, Housing, and Fire Codes or any rule or regulation adopted by the Director pursuant to this Article; or
(3) Within 5 years immediately prior to the date of application, the applicant has had any license or permit related to the practice of Massage revoked; or
(4) The applicant and any other individual who will be directly engaged in the management and operation of the Massage Establishment or Outcall Massage Service has been convicted of any of the following offenses or convicted of an offense outside the State of California that would have constituted any of the following offenses if committed within the State of California:
(i) Any felony involving the use of force and violence upon another person; or
(ii) Any misdemeanor sexual battery; or
(iii) Any offense involving sexual misconduct with children; or
(iv) Any offense requiring registration pursuant to Section 290 of the California Penal Code; or
(v) Any violation of Sections 266h, 266i, 315, 316, 318, 647(a) or 647(b) of the California Penal Code.
(c) The Director may refuse to issue any massage establishment permit in any case where there is reasonable grounds to determine that the premises of the Massage Establishment will be or are being managed, conducted or maintained in such a manner as to endanger the health or safety of the employees or patrons thereof or to coerce any employee to engage in any illegal conduct.
(d) The Director may issue a massage establishment or massage outcall service permit to any individual convicted of one of the offenses listed in Subsection (b)(4) of this Section ifthe Director finds that the offense was not violent, the conviction occurred at least five years prior to the date of application, and the applicant has not been convicted subsequently of one of those offenses.
(e) If an application for a massage establishment or massage outcall service permit is denied, within 30 days of the date of receipt of the notice of denial, the applicant may appeal the decision by notifying the Director in writing. The notice shall set forth in detail the ground or grounds for the appeal. Within 30 days of receipt of the notice of appeal, the Director shall conduct a hearing to consider the appeal. At least 10 days prior to the hearing, the Director shall notify the applicant of the time and place of the hearing. The Director shall oversee the hearing, provide the applicant an opportunity to be speak at the hearing, and issue a ruling within 30 days of its conclusion. The Director's ruling shall be final.
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SEC. 1813. ISSUANCE OF SOLO PRACTITIONER MASSAGE ESTABLISHMENT PERMIT.
(a) Within 14 days following a hearing, or, if no hearing is held, within 60 business days following receipt of a completed application for a solo practitioner massage establishment permit, the Director shall either issue the permit or mail a written statement of his or her reasons for denial thereof to the applicant. If the Director takes neither action, the permit shall be deemed issued.
(b) No solo practitioner massage establishment permit shall be issued if the Director finds:
(1 ) The applicant has provided materially false documents or testimony;
(2) The applicant has not complied fully with the provisions of this Article; or
(3) Within 5 years immediately prior to the date of application, the applicant has had any license or permit related to the practice of Massage revoked; or
(4) The applicant and any other individual who will be directly engaged in the management and operation of the Solo Practitioner Massage Establishment has been convicted of any of the following offenses or convicted of an offense outside the State of California that would have constituted any of the following offenses if committed within the State of California:
(i) Any felony involving the use of force and violence upon another person; or
(ii) Any misdemeanor sexual battery; or
(iii) Any offense involving sexual misconduct with children; or
(iv) Any offense requiring registration pursuant to Section 290 of the California Penal Code; or
(v) Any violation of Sections 266h, 266i, 315, 316, 318, 647(a) or 647(b) of the California Penal Code.
(c) The Director may issue a solo practitioner massage establishment permit to any individual convicted of one of the offenses listed in Subsection (b)(4) of this Section if the Director finds that the offense was not violent, the conviction occurred at least five years prior to the date of application, and the applicant has not been convicted subsequently of one of those offenses.
(d) If an application for a solo practitioner massage establishment permit is denied, within 30 days of the date of receipt of the notice of denial, the applicant may appeal the decision by notifying the Director in writing. The notice shall set forth in detail the ground or grounds for the appeal. Within 30 days of receipt of the notice of appeal, the Director shall conduct a hearing to consider the appeal. At least 10 days prior to the hearing, the Director shall notify the applicant of the time and place of the hearing. The Director shall oversee the hearing, provide the applicant an opportunity to be speak at the hearing, and issue a ruling within 30 days of its conclusion. The Director's ruling shall be final.
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SEC. 1814. ISSUANCE OF GENERAL MASSAGE PRACTITIONER PERMIT.
(a) Within 14 days following a hearing, or, if no hearing is held, within 60 business days following receipt of a completed application for a general massage practitioner permit, the Director shall either issue the permit or mail a written statement of his or her reasons for denial thereof to the applicant. If the Director takes neither action, the permit shall be deemed issued.
(b) No general massage practitioner permit shall be issued if the Director finds:
(1 ) The applicant has provided materially false documents or testimony; or
(2) The applicant has not complied fully with the provisions of this Article; or
(3) The applicant has failed to receive a passing score on a Director's examination as described in Section 1 806(d) of this Article within 6 months of his or her date of application.
(4) The applicant has been convicted of any of the following offenses or convicted of an offense outside the State of California that would have constituted any of the following offenses if committed within the State of California:
(i) Any felony involving the use of force and violence upon another person; or
(ii) Any misdemeanor sexual battery; or
(iii) Any offense involving sexual misconduct with children; or
(iv) Any offense requiring registration pursuant to Section 290 of the California Penal Code; or
(v) Any violation of Sections 266h, 266i, 315, 316, 318, 647(a) or 647(b) of the California Penal Code.
(c) The Director may issue a general massage practitioner permit to any individual convicted of one of the offenses listed in Subsection (b)(4) of this Section if the Director finds that the offense was not violent, the conviction occurred at least five years prior to the date of application, and the applicant has not been convicted subsequently of one of those offenses.
(d) If an application for a general massage practitioner permit is denied, within 30 days of the date of receipt of the notice of denial, the applicant may appeal the decision by notifying the Director in writing. The notice shall set forth in detail the ground or grounds for the appeal. Within 30 days of receipt of the notice of appeal, the Director shall conduct a hearing to consider the appeal. At least 10 days prior to the hearing, the Director shall notify the applicant of the time and place of the hearing. The Director shall oversee the hearing, provide the applicant an opportunity to be speak at the hearing, and issue a ruling within 30 days of its conclusion. The Director's ruling shall be final.
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SEC. 1815. ISSUANCE OF THERAPEUTIC MASSAGE PRACTITIONER PERMIT.
(a) Within 14 days following a hearing, or, if no hearing is held, within 60 business days following receipt of a completed application for a therapeutic massage practitioner permit, the Director shall either issue the permit or mail a written statement of his or her reasons for denial thereof to the applicant. If the Director takes neither action, the permit shall be deemed issued.
(b) No therapeutic massage practitioner permit shall be issued if the Director finds:
(1 ) The applicant has provided materially false documents or testimony; or
(2) The applicant has not complied fully with the provisions of this Article; or
(3) The applicant has failed to receive a passing score on a Director's examination as described in Section 1 807(d) of this Article within 6 months of his or her date of application.
(4) Within 5 years immediately prior to the date of application, the applicant has had any license or permit related to the practice of Massage revoked; or
(5) The applicant has been convicted of any of the following offenses or convicted of an offense outside the State of California that would have constituted any of the following offenses if committed within the State of California:
(i) Any felony involving the use of force and violence upon another person; or
(ii) Any misdemeanor sexual battery; or
(iii) Any offense involving sexual misconduct with children; or
(iv) Any offense requiring registration pursuant to Section 290 of the California Penal Code; or
(v) Any violation of Sections 266h, 266i, 315, 316, 318, 647(a) or 647(b) of the California Penal Code.
(c) The Director may issue a therapeutic massage practitioner permit to any individual convicted of one of the offenses listed in Subsection (b)(5) of this Section if the Director finds that the offense was not violent, the conviction occurred at least five years prior to the date of application, and the applicant has not been convicted subsequently of one of those offenses.
(d) If an application for a therapeutic massage practitioner permit is denied, within 30 days of the date of receipt of the notice of denial, the applicant may appeal the decision by notifying the Director in writing. The notice shall set forth in detail the ground or grounds for the appeal. Within 30 days of receipt of the notice of appeal, the Director shall conduct a hearing to consider the appeal. At least 10 days prior to the hearing, the Director shall notify the applicant of the time and place of the hearing. The Director shall oversee the hearing, provide the applicant an opportunity to be speak at the hearing, and issue a ruling within 30 days of its conclusion. The Director's ruling shall be final.
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SEC. 1816. TEMPORARY THERAPEUTIC MASSAGE PRACTITIONER PERMIT.
Upon completion and submission of an application for a therapeutic massage practitioner permit as required in Section 1807 of this Article, and upon payment of all fees for the permit, an applicant may request a temporary therapeutic massage practitioner permit. If requested, the Director shall issue the temporary therapeutic massage practitioner permit which is valid for the period during which the application is under review, but in no event more than 60 days The Director may revoke the permit at any time if he or she finds that the applicant has failed to meet any of the requirements of Section 1815 of this Article.
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SEC. 1817. IDENTIFICATION CARD.
The Director shall provide all Massage Practitioners granted a permit with an identification card, for a fee in the amount of the cost of production. The identification card shall contain a photograph of the Massage Practitioner and the Massage Practitioner's first name and permit number. The identification card must be presented to any City inspector upon request at all times during the regular business hours of any Massage Establishment or Solo Practitioner Massage Establishment.
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SEC. 1818. REGISTER OF EMPLOYEES.
The operator of a Massage Establishment or Outcall Massage Service must maintain a register of all individuals employed as Massage Practitioners and their permit numbers. Such register shall be available for inspection at all times during regular business hours.
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SEC. 1819. REVOCATION OF MASSAGE ESTABLISHMENT OR OUTCALL MASSAGE SERVICE PERMIT.
(a) The Director may revoke or suspend any massage establishment or outcall massage service permit, after a hearing, if the Director finds:
(1 ) The Permittee has violated any of the provisions of this Article; or
(2) The Permittee has refused to permit any duly authorized City inspector to inspect the premises or the operations therein; or
(3) Any employee of the Permittee has engaged in any conduct that violates any state or local laws at Permittee's place of business, and the Permittee had or should have had actual or constructive knowledge by due diligence of the illegal conduct; or
(4)The Director determines by clear and convincing evidence that such business is being managed, conducted, or maintained without regard for public health or the health of patrons, customers, or employees, or without due regard to proper sanitation and hygiene.
(b) Before any hearing is conducted under this Section, the Director shall provide the Permittee at least 20 days written notice. The notice shall include the time, place, and grounds for the hearing. If requested by Permittee, the Director shall make available all documentary evidence against Permittee no later than 15 days prior to the hearing. At the hearing, the Permittee shall be provided an opportunity to refute all evidence against him or her. The Director shall oversee the hearing and issue a ruling within 20 days of its conclusion. The Director's ruling shall be final.
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SEC. 1820. REVOCATION OF SOLO PRACTITIONER MASSAGE ESTABLISHMENT PERMIT.
(a) The Director may revoke or suspend any solo practitioner massage establishment permit, after a hearing, if the Director finds:
(1 ) The Permittee has violated any of the provisions of this Article; or
(2) The Permittee has refused to permit any duly authorized City inspector to inspect the premises or the operations therein; or
(3) The Permittee no longer possesses a current and valid therapeutic massage practitioner permit issued by the Director; or
(3) The Director determines by clear and convincing evidence that such business is being managed, conducted, or maintained without regard for public health or the health of patrons, customers, or employees, or without due regard to proper sanitation and hygiene.
(b) Before any hearing is conducted under this Section, the Director shall provide the Permittee at least days written notice. The notice shall include the time, place, and grounds for the hearing. If requested by Permittee, the Director shall make available all documentary evidence against Permittee no later than 15 days prior to the hearing. At the hearing, the Permittee shall be provided an opportunity to refute all evidence against him or her. The Director shall oversee the hearing and issue a ruling within 20 days of its conclusion. The Director's ruling shall be final.
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SEC. 1821. REVOCATION OF GENERAL MASSAGE PRACTITIONER PERMIT.
(a) The Director may revoke or suspend any general massage practitioner permit, after a public hearing, if the Director finds:
(1 ) The Massage Practitioner willfully violated any of the provisions of this Article; or
(2) The Massage Practitioner has provided materially false documents or testimony; or
(3) The Massage Practitioner has been convicted of any violation of Sections 266h, 266i, 315, 316, 318, 647(a) or 647(b) of the California Penal Code.
(b) Before any hearing is conducted under this Section, the Director shall provide the Massage Practitioner at least 20 days written notice. The notice shall include the time, place, and grounds for the hearing. If requested by the Massage Practitioner, the Director shall make available all documentary evidence against him or her no later than 15 days prior to the hearing. At the hearing, the Massage Practitioner shall be provided an opportunity to refute all evidence against him or her. The Director shall oversee the hearing and issue a ruling within 20 days of its conclusion. The Director's ruling shall be final.
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SEC. 1822. REVOCATION OF THERAPEUTIC MASSAGE PRACTITIONER PERMIT.
(a) The Director may revoke or suspend any therapeutic massage practitioner permit, after a public hearing, if the Director finds:
(1 ) The Massage Practitioner willfully violated any of the provisions of this Article; or
(2) The Massage Practitioner has provided materially false documents or testimony; or
(3) Within 5 years immediately prior to the date of application, the Massage Practitioner has had any license or permit related to the practice of Massage revoked; or
(4) The Massage Practitioner has been convicted of any violation of Sections 266h, 266i, 315, 316, 318, 647(a) or 647(b) of the California Penal Code.
(b) Before any hearing is conducted under this Section, the Director shall provide the Massage Practitioner at least 20 days written notice. The notice shall include the time, place, and grounds for the hearing. If requested by the Massage Practitioner, the Director shall make available all documentary evidence against him or her no later than 15 days prior to the hearing. At the hearing, the Massage Practitioner shall be provided an opportunity to refute all evidence against him or her. The Director shall oversee the hearing and issue a ruling within 20 days of its conclusion. The Director's ruling shall be final.
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SEC. 1823. EMPLOYMENT OF PERSONS UNDER THE AGE OF 18 PROHIBITED.
It shall be unlawful for any Permittee to employ any individual who is not at least 18 years of age.
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SEC. 1824. DISPLAY OF PERMIT.
Every permit to operate a Massage Establishment or Solo Practitioner Massage Establishment shall be displayed in a conspicuous place within the establishment so that the permit may be readily seen by individuals entering the premises. Every permit to operate an Outcall Massage Service must be made available for inspection at all times while providing massage services.
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SEC. 1825. INSPECTION.
Any member of the Police Department or Department of Public Health may make an inspection of any Massage Establishment in the City for the purpose of determining that the Massage Establishment is in compliance with the provisions of this Article or for the purpose of providing health and safety information to employees of the Massage Establishment.
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SEC. 1826. MASSAGE ESTABLISHMENT OR OUTCALL MASSAGE SERVICE LICENSE FEE.
Every Permittee shall pay to the Tax Collector an annual license fee. The Director shall set said fee at an amount necessary to cover the costs of enforcement of the provisions of this Article related to massage establishment, outcall massage service, and solo practitioner massage establishment permits, including, but not limited to, the costs of inspections; provided, however, the fee shall vary according to the size of the business so as to reflect the increased costs of regulating larger establishments.
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SEC. 1827. MASSAGE PRACTITIONER LICENSE FEE.
Every Massage Practitioner shall pay to the Tax Collector an annual license fee. The Tax Collector shall set said fee at an amount necessary to cover the costs of enforcement of the provisions of this Article related to general massage practitioner and therapeutic massage practitioner permits.
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SEC. 1828. TRANSFER OF PERMIT.
No permit issued under this Article shall be transferable.
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SEC. 1829. EMPLOYMENT OF MASSAGE PRACTITIONERS.
It shall be the responsibility of every Permittee for a Massage Establishment or Outcall Massage Service, or the employer of any individual purporting to act as a Massage Practitioner, to ensure that such individual has obtained a permit pursuant to this Article.
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SEC. 1830. EXISTING PERMITS.
All Persons who possess a valid massage establishment, outcall massage service, or massage practitioner permit on the day this Ordinance takes effect must file for a new permit before the annual renewal date of the existing permit or within 90 days, whichever occurs first. However, until issuance of the new permit, all existing permits are subject to the rules and regulations in effect at the time of the issuance of the permits.
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SEC. 1831. EXCLUSIONS.
This Article shall not apply to:
(a) Any health facility as defined in California Health and Safety Code Section 1250, an individual holding an unrevoked certificate to practice the healing arts under the laws of the State of California, or an individual working under the direction of any such facility or individual; or
(b) Any non-profit organization; or
(c) Any barber or cosmetologist lawfully carrying out his or her profession or business and holding a valid, unrevoked license or certificate of registration issued by the State of California; or
(d) Any individual who works on fully-clothed clients using one of the following, or similar, systems of therapeutic massage/bodywork:
(1 ) Reflexology providing Massage exclusively to the feet and/or hands and/or ears; or
(2) Educational systems in which touch and words are used to deepen awareness of existing patterns of movement in the human body as well as to suggest new possibilities of movement; or
(3) Chair Massage providing Massage to clients seated upright in a chair; or
(e) Any individual who administers Massage to persons participating in road races, track meets, triathlons, and similar single-occurrence athletic or recreational events; provided that all of the following conditions are met:
(1 ) The massage services are made equally available to all participants in the event;
(2) The event is open to participation by the general public or a significant segment of the public such as employees of sponsoring or participating corporations;
(3) The massage services are provided at the site of the event in a public setting and either during, immediately preceding or immediately following the event; and
(4) The sponsors of the event have been advised of and have approved the provision of massage services and the qualifications required of those performing such services.
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SEC. 1832. RULES AND REGULATIONS.
The Director may make and enforce rules and regulations or issue waivers not in conflict with, but to carry out, the intent of this Article.
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SEC. 1833. VIOLATION AND PENALTY.
(a) Any Person who violates any provision of this Article may, after being provided notice and an opportunity to be heard, be subject to an administrative fine not to exceed $500.00.
(b) Any Permittee who knowingly employs a Massage Practitioner who is not in possession of a valid permit or who allows such a Massage Practitioner to perform, operate, or practice in the Permittee's place of business may, after being provided notice and an opportunity to be heard, be subject to an administrative fine not to exceed $500.00.
(c) Nothing in this Section shall preclude the prosecution of anyone under any of the laws of the State of California.
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SEC 1834. DISCLAIMER.
In regulating massage establishments and massage services as provided in this Article, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
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SEC. 1835. SEVERABILITY.
If any of the provisions of this Article or the application thereof to any person or circumstance is held invalid, the remainder of this Article, including the application of such part or provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this Article are severable.
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APPROVED AS TO FORM:
LOUISE H. RENNE, City Attorney

By
Mario M. Kashou
Deputy City Attorney