HomeMy WebLinkAbout2025-02-04; City Council; 06; Amendment to Carlsbad Municipal Code Chapter 5.16 – Massage ServicesCA Review __MK____
Meeting Date: Feb. 4, 2025
To: Mayor and City Council
From: Geoff Patnoe, City Manager
Staff Contact: Marissa Kawecki, Deputy City Attorney
marissa.kawecki@carlsbadca.gov, 442-339-5351
Jeffery Smith, Captain
jeffery.smith@carlsbadca.gov, 442-339-2197
Subject: Amendment to Carlsbad Municipal Code Chapter 5.16 – Massage Services
Districts: All
Recommended Action
Introduce an ordinance amending Carlsbad Municipal Code Chapter 5.16 – Massage Services.
Executive Summary
The City of Carlsbad regulates massage services through Chapter 5.16 of its Municipal Code, its
massage ordinance. This ordinance supplements existing state regulations for massage
therapists by establishing local standards for massage businesses and massage therapists
intended to ensure public health, safety and welfare.
The city regulations require massage therapists doing business in Carlsbad to be certified by the
California Massage Therapy Council, and massage businesses must obtain a city-issued
certificate of registration confirming that all their therapists are state-certified. The ordinance
also establishes health and safety standards and operating hours and empowers city officials to
inspect establishments for compliance, with violations potentially resulting in penalties or
revocation of a certificate of registration to legally do business in the city.
The ordinance was last amended in 2013 to reflect current practices and to improve licensing,
safety and compliance.
The changes to the ordinance that staff are now proposing are intended to streamline the
licensing process, detect and deter unauthorized massage businesses and massage therapists at
the application phase, improve accountability for massage businesses and therapists that are
issued a city certificate of registration and allow off-premises massages at approved locations.
Only the City Council has the authority to make such changes to the Municipal Code.
Feb. 4, 2025 Item #6 Page 1 of 38
Explanation & Analysis
Existing ordinance
The key provisions of the ordinance are:
State certification requirement
Anyone providing massage services in Carlsbad must be certified by the California
Massage Therapy Council. “Massage” is defined at length in the ordinance. Operating
without this certification is prohibited.
City certificate of registration
Massage businesses must obtain a certificate of registration from the city, confirming
that all employed therapists are certified by the Massage Therapy Council. This
certificate is mandatory for lawful operation in the City of Carlsbad.
Health and safety standards
Businesses must follow specific health and safety requirements, including sanitation
protocols, building and facility conditions and hours of operation. For instance, massage
services may only be provided between 7 a.m. and 10 p.m.
Inspections and compliance
City officials are authorized to inspect massage establishments to ensure adherence to
city regulations. Violations can lead to penalties, including revocation of a certificate of
registration, which prevents a massage business or therapist from legally operating in
the city during the revocation period.
Proposed changes
Carlsbad Municipal Code Chapter 5.16 is divided into sections, including definitions, state
requirements, licensing, operations, compliance and appeals. The amendments to the chapter
are intended to improve the flow of the ordinance, clarify the requirements to provide
massages in the City of Carlsbad and add the ability for massage therapists to provide off-
premises massages at specified locations such as a customer’s home or workplace.
A summary of the sections to be amended and the proposed changes include:
Section 5.16.020
•Defines “off-premises massage” as the engaging in or carrying out of a massage for
compensation or consideration of any type at a customer’s residence or workplace
location designated by the customer and not at a fixed place of business, that is, the
massage establishment location from where the massage business regularly conducts its
operations.
•Defines “off-premises massage location” as the customer’s residence or workplace
location where an off-premises massage is provided. Another section of the ordinance
provides that off-premises massages may not be given inside any hotel room, motel
room, vehicle or commercial establishment, except at a workplace designated by the
patron. Mobile massage establishments are also not permitted under the ordinance.
Feb. 4, 2025 Item #6 Page 2 of 38
Section 5.16.080
• Includes new language that requires massage business and massage therapist applicants
to obtain their city certificates of registration in person and to present government-
issued identification to verify their identity.
• Requires all massage therapists working at a proposed massage business to be issued
individual certificates of registration before the business can be issued a certificate of
registration.
• Requires the applicant to provide the addresses where the massage services will be
conducted and/or the address of the business office for an off-premises massage
business.
• Does not require a zoning consistency verification for a massage business that solely
provides off-premises massage services. All other massage business applications must
still be reviewed by the Planning Department to ensure that massage services are an
allowable use in the proposed business location.
Section 5.16.090
• Includes language establishing that the Police Department oversees the review process
for applications for certificates of registration, including enforcement authority.
• Prevents any applicant/owner from being granted a certificate of registration if a
background check shows that within ten years preceding the application, they:
o Have been required to register as a sex offender under the provisions of
California Penal Code Section 290.
o Were convicted of certain specified crimes, such as prostitution, and/or have been
subject to an injunction for certain nuisance actions within the last 10 years.
o Have been subject to a temporary restraining order or other court order under
the state’s Red Light Abatement Law within the last ten years.
• Places a five-year re-application bar on any applicant who made a material
misrepresentation in an application for a massage certificate of registration or
concerning any other document or information required by the city for the application.
• Allows the city to deny a certificate of registration to applicants who had any individual
or business massage permit or license with any agency or jurisdiction revoked, restricted
or suspended within the last five years.
• Places a one-year bar on any applicant/owner or lessee of a massage business seeking a
certificate of registration who has, within the last year:
o Been in violation of the city’s massage ordinance or any similar criminal, civil or
administrative ordinance, law, rule or regulation related to the operation of
massage establishments.
o Failed to correct massage-related violations within the specified compliance
period.
o Had a certificate of registration-business revoked for violating the city’s massage
ordinance.
o Been issued a notice of revocation of their certificate of registration or other
administrative notice while any appeal of the revocation or fine is pending or has
outstanding code violations or outstanding fines. The one-year prohibition from
Feb. 4, 2025 Item #6 Page 3 of 38
applying for a certificate of registration will be lifted once all such code violations
have been corrected and all related fines have been paid.
• Prevents any applicant/owner from being granted a certificate of registration if any of
the massage therapists who will be employed at or provide services at the massage
establishment have any of the disqualifying circumstances outlined above. This
requirement is intended to prevent massage therapists who have violated massage laws
and other code requirements from continuing to provide massage services under
different business names and/or locations in the city.
• Provides the process for denial of a certificate of registration. (Many of the grounds for
denial mirror the grounds for revocation of a certificate of registration).
Section 5.16.120
• Prohibits the transfer of certificates of registration to other businesses or individuals.
Section 5.16.030
• Requires massage businesses and therapists to notify the police department of any
changes from their certificate of registration application, such as business ownership,
employment and mailing address.
• Provides that a new or amended certificate of registration would be issued with the
reported changes.
Section 5.16.040
• Designates the hours of operation for an on-premises massage establishment as 7 a.m.
to 10 p.m.
• Designates the hours of operation for off-premises massage services as 6 a.m. to 10
p.m.
Section 5.16.210
• Establishes that the Police Department will schedule an appeal hearing within 10 to 20
calendar days after it receives a request for a hearing on a denial or revocation of a
certificate of registration. This hearing will follow the procedures for all other
administrative hearings, per Carlsbad Municipal Code Chapter 1.10.
Other proposed changes to the ordinance were made to improve its organization and clarify
certain requirements. Exhibit 2 highlights all the proposed changes.
Next Steps
An ordinance to amend the Municipal Code is typically adopted after the City Council’s second
reading of the item. Once the ordinance is adopted, the City Clerk’s Office will publish a
summary of the ordinance in a newspaper of general circulation within 15 days. The ordinance
would be effective 30 days after its adoption.
Fiscal Analysis
Amending Chapter 5.16 of the Carlsbad Municipal Code has no fiscal impact. The Police
Department will continue as the primary city department administering and enforcing the
ordinance.
Feb. 4, 2025 Item #6 Page 4 of 38
Environmental Evaluation
This action does not require environmental review because it does not constitute a project
within the meaning of the California Environmental Quality Act under California Public
Resources Code Section 21065. It has no potential to cause either a direct physical change or a
reasonably foreseeable indirect physical change in the environment.
Exhibits
1. Ordinance for Carlsbad Municipal Code Chapter 5.16 – Massage Services
2. Version of ordinance showing proposed changes
Feb. 4, 2025 Item #6 Page 5 of 38
ORDINANCE NO. CS-386
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 5.16
MASSAGE SERVICES
WHEREAS, on December 3, 2013, the City Council of the City of Carlsbad, California repealed
and replaced Carlsbad Municipal Code Chapter 5.16 Massage Services to comply with Division 2,
Chapter 10.5 of the California Business & Professions Code; and
WHEREAS, the current code does not allow for off-premises massage services, and the City
Council wishes to revise the code to allow for off-premises massage services in a home or workplace,
not to include mobile massage businesses; and
WHEREAS, the City Council has determined that additional revisions to the code are necessary
to remove ambiguities and provide better tools for enforcement of massage services in the City of
Carlsbad;and
WHEREAS, one such revision is to clarify that hotels and motels should be regulated under the
city's massage ordinance, and therefore hotels and motels that provide massage services and any
massage therapist working in a hotel or motel must obtain a city certificate of registration-business and
certificate of registration-individual; and
WHEREAS, another such revision includes clarifying that a business license is required to
operate a massage business in the city, but that the issuance and revocation of a certificate of
registration is independent from business license status; and
WHEREAS, additional revisions include: Clarifying and expanding the application requirements;
clarifying and expanding the reasons and process for denial and revocation of a certificate of
registration; clarifying that renewal of a certificate of registration will be processed like a new
registration; prohibiting the transferability of all types of certificates of registration; expanding health
and safety regulations and clarifying their applicability to off-premises massage businesses; clarifying
the roles of code enforcement officers and peace officers in enforcement of the ordinance; adding a
provision regulating advertisements; clarifying the appeal and hearing timeline and transferring such
hearings from the city manager to an administrative hearing officer.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that:
1. The above recitations are true and correct.
2. That Carlsbad Municipal Code Chapter 5.16 is amended to read as follows:
Chapter 5.16
MASSAGE SERVICES*
Sections:
5.16.010 Purpose and intent.
5.16.020 Definitions.
5.16.030 Certificate administrator.
5.16.040 State certification and city certificate of registration required.
5.16.050 Exemptions from requirement for certificate of registration—business and individual.
5.16.060 Compliance period.
5.16.070 Application for certificate of registration--individual.
5.16.080 Application for certificate of registration—business.
5.16.090 Certificate of registration issuance, denial.
5.16.100 Registration fee.
5.16.110 City business license.
5.16.120 Transferability of certificate of registration.
5.16.130 Notification of changes.
5.16.140 Health and safety requirements.
5.16.150 Inspection by city officials and notices of violation.
5.16.160 Display of signs and certificate of registration.
5.16.170 Advertisement.
5.16.180 Certificate of registration expiration and renewal.
5.16.190 Grounds for revocation of certificate of registration.
5.16.200 Revocation of certificate of registration.
5.16.210 Hearing.
5.16.220 Public nuisance.
5.16.230 Violations, penalties.
5.16.240 Rules of construction.
5.16.250 Severability.
5.16.010 Purpose and intent.
It is the purpose and intent of the City Council that this chapter relies upon the Massage Therapy Act in
California Business and Professions Code Section 4600 et seq. , as well as the city’s regulatory authority in
Article XI, Section 7 of the California Constitution, California Business and Professions Code Sections 460 and
16000, and California Government Code Sections 37101 and 51030 et seq., as they may be amended, to
provide for the orderly and consistent regulation of massage services, to enable consumers to identify legitimate
massage workers and businesses, and additionally to establish minimum health and safety standards, thus
protecting the public interest, health, safety, and welfare of the city.
5.16.020 Definitions.
For the purpose of this chapter, the following words and phrases shall have the following meanings:
“Applicant” means an applicant for a certificate of registration—individual or business, and each of the following
persons: the managing responsible officer/employee, a general partner, a limited partner, a shareholder, a
sole proprietor, or any person who has a five percent or greater ownership interest in a massage business
whether as an individual, corporate or limited liability entity, limited partner, shareholder, or sole proprietor.
“California Massage Therapy Council” or “CAMTC” means the massage therapy organization formed pursuant
to California Business and Professions Code Section 4602 as may be amended.
“CAMTC identification cards” or “identification cards” means the cards issued by CAMTC to a certified massage
therapist.
Feb. 4, 2025 Item #6 Page 7 of 38
“Certificate administrator” means the City Manager’s designee for promulgating rules, regulations, and
requirements consistent with the provisions of this section and all other laws in connection with the
issuance of a certificate of registration.
“Certificate of registration” means a certificate issued by the certificate administrator to either a business, sole
proprietor, or individual upon submission of required evidence indicating the person or entity has satisfied
all requirements of this chapter.
“Certificate of registration—business” means a certificate issued by the certificate administrator upon
submission of required evidence that a massage business or sole proprietorship employs or uses only
certified massage therapists possessing valid and current state certifications and has satisfied all other
requirements of this chapter.
“Certificate of registration—individual” means a certificate issued by the certificate administrator upon
submission of required evidence that a massage therapist has a valid and current state certification and
has satisfied all other requirements of this chapter.
“Certified massage business” means any massage business where the only persons employed or used by that
business to provide massage services have current and valid state certifications.
“Certified massage therapist” means any person holding a current and valid state certificate issued by the
CAMTC pursuant to California Business and Professions Code Sections 4604 to 4606, and any other
provisions of the Massage Therapy Act, as it may be amended, whether as a massage practitioner or
massage therapist, as defined in the act.
“Certified sole proprietorship” means any massage business where the owner is the only person employed or
used by that business to provide massage services and the owner has a current and valid unconditional
state certification.
“City” means the City of Carlsbad.
“Massage” means any method of treating the external parts of the body for remedial, health, or hygienic
purposes for any form of consideration (whether for the massage, as part of a membership, as part of other
services or a product, or otherwise) by means of pressure on or friction against, or stroking, kneading,
rubbing, tapping, pounding, or stimulating the external parts of the body, with or without the aid of any
mechanical or electrical apparatus or appliances; or with or without supplementary aids, such as rubbing
alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations
commonly used in this practice; or by baths, including but not limited to Turkish, Russian, Swedish,
Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath.
“Massage business” or “massage establishment” means a business that provides massage services, including
off-premises massage services, to patrons for monetary compensation or other consideration.
“Massage establishment location” means the physical address location or building where massage services are
provided.
“Massage therapist” means a person who provides massage services at a massage establishment or off-
premises business location, including a certified massage therapist and a certified massage practitioner as
defined in California Business and Professions Code Section 4601.
“Off-premises massage” means the engaging in or carrying out of a massage for compensation or consideration
of any type at a residence or workplace location designated by the patron and not at the massage
establishment location from where the massage business regularly conducts its operations.
“Off-premises massage location” means a residence or workplace location designated by the patron where an
off-premises massage is provided.
“Owner” or “operator” means any and all owners of a massage business including any of the following persons:
the managing responsible officer/employee, a general partner, a limited partner, a shareholder, a sole
proprietor, or any person who has a five percent or greater ownership interest in a massage business
whether as an individual, corporate entity, limited partner, shareholder, or sole proprietor.
“Registered certificate holder” means a person or business that has been issued a certificate of registration by
the certificate administrator pursuant to the requirements of this chapter.
Feb. 4, 2025 Item #6 Page 8 of 38
“State certification,” “state certificate,” or “state certified” means a valid and current certification properly issued
by CAMTC to a certified massage therapist pursuant to California Business and Professions Code
Sections 4604 to 4606 and any provisions of the Massage Therapy Act, as it may be amended.
5.16.030 Certificate administrator.
The certificate administrator shall have the power and authority to promulgate rules, regulations, and
requirements consistent with provisions of this chapter and other law in connection with the issuance of a
certificate of registration. The certificate administrator may designate an employee to make decisions and
investigations and take actions under this chapter.
5.16.040 State certification and city certificate of registration required.
A. It is unlawful for a person to administer or otherwise practice massage in exchange for compensation or
consideration of any type within the city unless that individual has a current and valid CAMTC certification
and CAMTC identification card.
B. It is unlawful for any massage business within the city to provide or allow any form of massage to be
administered unless all individuals employed by the massage business to administer massage, whether as
an employee or independent contractor, hold a current and valid CAMTC certification and CAMTC
identification card.
C. It is unlawful for any person, association, partnership, or corporation to engage in, conduct, or carry on, or
permit to be engaged in, conducted or carried on in or upon any premises within the city, the operation of a
massage establishment or an off-premises massage business or to allow any person to administer
massage or function as a certified massage therapist, unless a current and valid certificate of registration
has been issued for the massage establishment or off-premises massage business pursuant to this
chapter.
D. It is unlawful for a person to administer or otherwise practice massage in exchange for compensation or
consideration of any type within the city without a current and valid certificate of registration issued
pursuant to this chapter. This section does not apply to individuals specifically exempted pursuant to this
chapter.
5.16.050 Exemptions from requirement for certificate of registration—business and individual.
The provisions of this chapter shall not apply to the following classes of persons or businesses while engaged in
the performance of their duties:
A. Physicians, surgeons, chiropractors, osteopaths, nurses, or any physical therapists duly licensed to
practice their respective professions in the State of California and working within the scope of their
licenses.
B. Barbers, cosmetologists, aestheticians, and manicurists who are duly licensed under the laws of the State
of California while engaging in practices within the scope of their licenses, except that this provision shall
apply solely to the massaging of the neck, face, hands and feet, and/or scalp of the patrons, and this
exception shall not apply to full body work or full body massage.
C. Hospitals, nursing homes, sanatoriums, or any other health facilities duly licensed by the State of
California.
D. A trainer of any duly constituted athletic team who administers a massage in the normal course of training
duties and when acting within the scope of their employment.
E. Trainers of amateur, semi-professional, or professional athletes or athletic teams while engaging in their
training responsibilities for and with athletes; and trainers working in conjunction with a specific athletic
event such as an outdoor road or bike race.
F. Health clubs, health spas, gymnasiums, or other similar facilities designed or intended for general physical
exercise or conditioning in which the furnishing of massage or bathing services or facilities is subordinate
and incidental, except that the person performing massage services shall obtain a state certification and
city certificate of registration in conformance with this chapter. Hotels and motels that provide massage
Feb. 4, 2025 Item #6 Page 9 of 38
services and any massage therapist working in a hotel or motel are not included in this exemption and
must obtain a certificate of registration-business and certificate of registration-individual.
5.16.060 Compliance period.
On or before July 1, 2025, any off-premises massage business that is operating in the city with a current and
valid city business license and is otherwise subject to this chapter, shall submit an application for a certificate of
registration pursuant to this chapter.
5.16.070 Application for certificate of registration—individual.
The certificate administrator shall issue a certificate of registration—individual to any certified massage therapist
who provides all of the following:
A. A completed certificate of registration-individual application that is filed on forms provided by the certificate
administrator, submitted under penalty of perjury.
B. Proof of a valid and current state certification.
C. Proof of a valid and current CAMTC identification card.
D. Valid and current government-issued photo identification provided in-person by the certified massage
therapist that matches their state certification and CAMTC identification card.
5.16.080 Application for certificate of registration-business.
A certificate of registration-business application shall be filed on forms provided by the certificate administrator,
submitted under penalty of perjury and shall contain all of the following information:
A. State certification verification.
1. If a certified sole proprietorship, the applicant/owner shall produce a valid and current state certification,
a valid and current CAMTC identification card, and valid and current government-issued photo
identification provided in-person that matches their state certification and CAMTC identification card.
2. If a certified massage business other than a certified sole proprietorship and the applicant/owners are
also state certified, they shall provide the same proofs as a certified sole proprietorship, as provided in
Subsection 5.16.080(A)(1), and a statement signed under penalty of perjury that the certified massage
business shall employ only certified massage therapists.
3. The following information shall be provided by any applicant/owner who is not state certified and who
owns or will own five percent or more of the massage business:
a. Acceptable proof that the applicant/owner is at least 18 years of age.
b. Full, true name, and other names used, date of birth and valid and current government-issued
photo identification provided in-person.
c. Current address and all previous residence(s) for the past 10 years, including dates at each
address.
d. All massage business, occupation, and employment history for 10 years preceding the date of
the application.
e. The names and addresses of any massage businesses or other like establishments owned or
operated by any person subject to the background check; a list of all permits, certificates, and
licenses issued by any agency, board, council, city, county, territory, or state related to the
massage business; the dates of their issuance; and any denial, restriction, revocation, or
enforcement action and the reasons therefor.
f. Fingerprints, subject to a fee to cover actual costs, to submit to the Department of Justice through
LiveScan or equivalent, along with a potential additional fee to cover the actual costs for
subsequent arrest notice for renewal applications, to determine whether the applicant/owner has
any of the following:
i. Convictions for any crime involving conduct which requires registration under
California Penal Code Section 290 (Sex Offender Registration Act).
Feb. 4, 2025 Item #6 Page 10 of 38
ii. Convictions of California Penal Code Section 647(b) or California Penal Code Section
415(3) where the original charge was for violation of California Penal Code Section 647(b).
iii. Convictions of crimes designated in California Government Code Section 51032 (massage
- grounds for denial of license), or any crime involving dishonesty, fraud, deceit, violence or
moral turpitude.
iv. Injunctions for nuisances under California Penal Code Sections 11225-11235 (red light
abatement law).
v. Convictions 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 referenced offenses of this subdivision.
vi. Conspiracy or attempt to commit any such offense described in subsections i-v of this
subsection 5.16.080(A)(3)(f).
B. General business information. Applicant/owner to provide all of the following:
1. The full true name under which the massage business will be conducted. The mailing address for the
present or proposed massage business.
2. The present or proposed addresses where the massage services will be conducted and/or the address
of the business office for an off-premises massage business. Off-premises massage locations may be
generally listed as “residences and workplaces designated by the patron.”
3. Complete description of all massage services to be provided.
4. The name and address of any massage business or other like business owned or operated by any
applicants/owners.
5. A description of any other business to be operated on the same premises, or on adjoining premises,
owned or controlled by the applicant/owner, if applicable.
6. The name and address of the owner and lessor of the real property, if any, upon or in which the
massage business is to be conducted, if applicable.
C. Corporate, partnership, or limited liability company information. Applicant/owner to provide all of the
following:
1. If the applicant/owner is a corporation, the name of the corporation shall be set forth exactly as shown
in its articles of incorporation or charter, together with the state and date of incorporation and the names
and residence addresses of each of its current officers and directors, and of each stockholder holding
more than five percent of the stock of that corporation, and its registered agent for receipt of process.
2. If the applicant/owner is a partnership, the application shall set forth the names and residence
addresses of each of the partners, including limited partners. If the applicant is a limited partnership, it
shall furnish a copy of its certificate of limited partnership as filed with the Secretary of State. If one or
more of the partners is a corporation, the provisions of this subsection pertaining to corporate applicants
shall apply to the corporate partner.
3. If the applicant/owner is a limited liability company, the name of the limited liability company shall be
set forth exactly as shown in its articles of organization and statement of information, together with the
state and date of organization and the names and residence addresses of each of the current
members/managers. The applicant shall also furnish a copy of its articles of organization and statement
of information as filed with the Secretary of State.
4. The applicant/owner, corporation, partnership, or limited liability company shall designate one of its
officers, general partners, or members/managers to act as its responsible managing officer. Such
person shall complete and sign all application forms required of an individual applicant under this
chapter. The managing officer must, at all times, meet all of the requirements set by this chapter and
the entity’s certificate of registration.
5. If an applicant/owner, operator, corporation, partner, or member/manager owns five percent or more
of the massage business and is not state certified, the police department shall conduct a background
check of that owner, operator, corporation, or partner, which shall include the information requested in
paragraphs (A)(3)(f)(i-vi) inclusive of this subsection 5.16.080, and the name and address of any
Feb. 4, 2025 Item #6 Page 11 of 38
massage business or other like business owned or operated by any person who is subject to the
background check requirement of this subdivision.
D. Copies of all massage therapists’ duly issued certificates of registration-individual who will be employed or
provide massage services for the establishment. All such certificates of registration-individual must be
issued prior to the massage establishment’s certificate of registration-business being issued.
E. Authorization for the city, its agents, and employees to seek information and conduct an investigation into
the truth of the statements set forth in the application and into the background of the applicant/owner,
where authorized by this chapter.
F. A certificate of compliance from the city’s building official (or other compliance person as designated by the
city manager) that certifies that the premises of the massage business will meet or does meet all
applicable codes and regulations. The certificate of compliance must be submitted to the certificate
administrator prior to the application approval. No certificate of compliance is required for a massage
business that solely provides off-premises massage.
G. Zoning consistency verification in writing from the city’s Community Development Department. The zoning
consistency verification must be submitted prior to application approval. A zoning consistency verification
does not confer or authorize any entitlement to a use permit or building permit or similar, which process, if
applicable, is separate from the certificate of registration process. Nor does a zoning consistency
verification confirm compliance with any other provisions of the Carlsbad Municipal Code. No zoning
consistency verification is required for a massage business that solely provides off-premises massage.
H. A signed statement that the applicant/owner shall be responsible for the conduct of all employees or
independent contractors working on the premises of the massage business or working at the off-premises
massage business, and that failure to comply with any applicable local, state, or federal law, or with the
provisions of this chapter may result in the revocation of the certificate of registration—business.
I. Payment of a registration fee, if any, as per Section 5.16.100.
5.16.090 Certificate of registration issuance, denial.
A. The certificate administrator shall have 60 days, after the submission of all required information, to either
issue or deny the application for a certificate of registration.
B. For any application submitted without all the required information, including proof of state certification, the
certificate administrator, in their sole discretion, may either reject the application outright or request the
applicant/owner to submit the missing information by a date certain. A rejected application, based on
failure to submit all required information, shall not form the basis for a hearing as set forth in Section
5.16.210 of this chapter.
C. Reasons for denial of a certificate of registration.
1. 10-year bar. The certificate of registration will be denied if the background check for any
owner/applicant authorized by this chapter shows that such person has, within 10 years preceding the
application, been required to register under the provisions of Section 290 of the California Penal Code;
within 10 years preceding the application had a conviction in court of competent jurisdiction for any of
the crimes identified in Section 5.16.080(A)(3)(f)(i—vi) of this chapter; and/or has been subject to an
injunction for nuisance pursuant to California Penal Code Sections 11225—11235 within the last 10
years.
2. 5-year bar.
a. Any applicant who makes a material misrepresentation within the last five years in an application
for a massage certificate of registration or with respect to any other document or information
required by the city with respect to this application is not eligible to apply for a city certificate of
registration until the five-year period lapses.
b. Evidence that an applicant has had an individual or business massage permit or license with any
agency, board, city, county, territory, or state, denied, revoked, restricted, or suspended within
the last five years may result in denial of a certificate of registration.
Feb. 4, 2025 Item #6 Page 12 of 38
3. 1-year bar. An application will be denied if any owner/applicant or lessee of the proposed massage
establishment location, including any off-premises locations, has, within a one (1) year period prior to
the submittal of the application:
a. Been in violation of this Chapter, or any similar criminal, civil, or administrative ordinance, law,
rule, or regulation of the State of California or any other public agency related to the operation of
massage establishments.
b. Failed to correct massage-related violations within the specified compliance period.
c. Had a certificate of registration-business revoked pursuant to this chapter.
d. Received a notice of revocation or administrative notice issued pursuant to this chapter, while any
appeal of the revocation or fine is pending.
e. Outstanding code violations or fines issued pursuant to the Carlsbad Municipal Code which have
not been paid. The one-year prohibition from applying for a certificate of registration will be lifted
once all such code violations have been corrected and all related fines have been paid.
4. Massage therapists. An application will be denied if any of the massage therapists who will be
employed at or provide services at the massage establishment have:
a. Been in violation of this chapter, or any similar criminal, civil, or administrative ordinance, law,
rule, or regulation of the State of California or any other public agency related to the operation of
massage establishments.
b. Failed to correct massage establishment-related violations within the specified compliance
period.
c. Had a certificate of registration-individual revoked pursuant to this chapter.
d. Received a notice of revocation or administrative notice issued pursuant to this chapter, while any
appeal of the revocation or fine is pending.
e. Outstanding code violations or fines issued pursuant to the Carlsbad Municipal Code that have
not been paid. The prohibition from applying for a certificate of registration will be lifted once all
such code violations have been corrected and all related fines have been paid by the massage
therapist.
D. Procedure for denial of a certificate of registration
1. The certificate administrator must provide written notice of denial of a certificate of registration
containing the reasons for the denial. The notice of denial shall be hand-delivered to the
applicant/owner, sent by certified mail, or sent by email if consented to by the applicant/owner.
2. The applicant/owner shall, at the applicant/owner’s election, have the right to receive a hearing as set
forth in Section 5.16.210 of this chapter. If such hearing request is not received by the certificate
administrator within 10 calendar days of the date of the issuance of the notice of denial, the denial shall
be final.
3. If a certificate of registration is denied because a massage therapist does not possess the required
state certification, reapplication may occur when the required certification is obtained.
4. If a certificate of registration-business is denied based on Subsection (C)(4) of this Section 5.16.090,
and the disqualifying massage therapist(s) is removed from the application, the disqualified massage
therapist(s) may not provide any services at the massage establishment for a minimum period of one
year. The owner-applicant must comply with Section 5.16.130 of this chapter if the application is later
modified to add the previously disqualified massage therapist as an employee or service provider.
5.16.100 Registration fee.
A registration fee, if any, shall be set by resolution of the City Council and shall be required only for background
checks for those applicants/owners of a certified massage business who are not state certified and own five
percent or more of the certified massage business. A registration fee shall not be charged to certified massage
therapists or as to those state certified applicants/owners applying for a certificate of registration—business.
Feb. 4, 2025 Item #6 Page 13 of 38
5.16.110 City business license.
All persons are required to obtain a business license as required by the city’s business license provisions prior
to conducting any massage business or providing any massage services in the city. However, a certified
massage therapist employed by a certified massage business is not required to obtain a city business license.
5.16.120 Transferability of certificate of registration.
Neither a certificate of registration-business nor a certificate of registration-individual is transferable. A transfer
or attempted transfer of a certificate of registration is a violation of this chapter.
5.16.130 Notification of changes.
A. Every registered certificate holder shall report in writing within 5 business days to the certificate
administrator any changes to the information provided in their application for a certificate of registration,
including but not limited to change of address or ownership of the certified massage business and change
of massage therapists employed at or providing massage services for the massage business. Failure to
notify the certificate administrator as required by this section is a violation of this chapter.
B. The certificate administrator will issue an amended or new certificate of registration if they determine that
the reported change requires an amended or new certificate of registration.
5.16.140 Health and safety requirements.
All premises of massage establishment locations are subject to periodic inspection by the city at any time and
without prior notice for compliance with health, safety, and building standards and all such establishments shall
comply with the following requirements:
A. Health and safety requirements—facility.
1. One artificial white light of not less than 40 watts shall be provided in each room where massage is
being administered.
2. The walls shall be clean and painted with an approved washable mold resistant paint in all rooms where
water or steam baths are given.
3. Floors shall be free from any accumulation of dust, dirt, or refuse.
4. All equipment used in the massage operation shall be maintained in a clean and sanitary condition.
5. Dressing and locker facilities shall be provided for patrons. Security deposit facilities for the protection
of the valuables of the patrons shall also be available.
6. One front door shall be provided for patron entry to the massage establishment location, which shall
open to an interior patron reception and waiting area immediately inside the front door. All patrons and
any persons other than individuals employed or retained by the massage business shall be required to
enter and exit through the front.
7. No part of the massage establishment location shall be used for or connected with any bedroom or
sleeping quarters. Nor shall any person sleep in such massage establishment location except for
limited periods incidental to and directly related to a massage.
8. This section does not apply to massage businesses when providing off-premises massage.
B. Health requirements—linens.
1. Towels, sheets, clothes and linens of all types, and items for personal use of operators and patrons
shall be clean and freshly laundered and shall not be used for more than one person.
2. Reuse of such items is prohibited unless the same has first been laundered. Such items shall not be
laundered or dried in any massage establishment location or off-premises massage location unless
such location is provided with laundry facilities containing one or more machines laundering and drying.
3. Heavy white paper may be substituted for sheets provided that such paper is used once for every
person and then discarded into a sanitary receptacle.
C. General health and safety regulations.
1. Any violation of Business and Professions Code Section 4609(a) is unlawful and a violation of this
chapter.
Feb. 4, 2025 Item #6 Page 14 of 38
2. No person afflicted with an infection or parasitic infestation transmissible to a patron shall knowingly
provide massage to a patron, or remain on the premises of a massage establishment location or off-
premises massage location while so infected or infested.
3. It is unlawful for any massage therapist or other person to massage the genital area of any patron or
to massage the breasts of any female patron in violation of Business and Professions Code Section
4609, or for any operator of a massage business to allow or permit such massage.
4. It is unlawful for any massage therapist or other person to be other than fully clothed in nontransparent
clothing at all times that shall not expose their genitals, pubic area, buttocks, or chest, or for any
operator of a massage business to allow or permit such prohibited dress.
5. Hours of operation.
a. Massage establishment location.
1. It is unlawful for any massage business or massage therapist to provide a massage between
10:00 p.m. and 7:00 a.m.
2. The hours of operation of the massage establishment shall be displayed in a conspicuous
place, visible from outside of the massage establishment location.
3. Patrons and visitors shall be permitted in or at the massage establishment location only
during hours of operation.
b. Off-premises massage locations are not subject to the requirements of Section 5.16.140(C)(5)(a),
except that massage therapists may only provide an off-premises massage between 6:00 a.m.
and 10:00 p.m.
6. List of massage services.
a. Massage establishment location.
1. A list of massage services available and the cost of such services shall be made readily
available and transparent to all customers or potential customers in electronic form or posted
in an open and conspicuous public place at the massage establishment location.
2. The massage services shall be described in English and may also be described in such
other languages.
3. No massage business owner or operator shall permit, and no person employed or retained
by the massage business, shall offer to perform any massage services or fees other than
those posted.
b. Off-premises massage. An off-premises massage business shall maintain a list of massage
services available and the cost of such services in written or electronic form so that they are
readily available and transparent to all customers or potential customers. The off-premises
massage business shall assure that each massage therapist can provide such a price list upon
request.
7. Non-patrons shall only be permitted in the waiting area; however, the following exceptions may apply:
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.
d. An elderly or disabled person may be present in the massage therapy room with a patron who is
their conservator, aid, or other caretaker.
8. The presence of any device which can be utilized as an early warning system, to alert the employees
or operator of a massage establishment to the presence of law enforcement or local authorities on the
premises is prohibited in any massage establishment location or off-premises massage location. Such
prohibited devices include, but are not limited to, light or music dimmers, electronic detection devices,
external or internal video equipment and alarm systems other than those used for fire alarms.
Feb. 4, 2025 Item #6 Page 15 of 38
9. No massage establishment location located in a building or structure with exterior windows fronting a
public street, highway, walkway, or parking area shall, during business hours, 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. For the purpose of this
subsection, there is an irrebuttable presumption that the visibility is impermissibly blocked if more than
10 percent of the interior reception and waiting area is not visible from the exterior window.10. No
massage therapist shall provide off-premises massage inside any hotel room, motel room, vehicle, or
commercial establishment, except at the workplace designated by the patron. For purposes of this
chapter, a hotel room, motel room, and a vehicle are not considered a workplace or a residence.
5.16.150 Inspection by city officials and notices of violation.
A. Any enforcement officer, as defined in Chapter 1.10 of this code, shall have the right to enter a massage
establishment location from time to time during regular business hours, prior to the issuance of a certificate
of registration—business and subsequent to such issuance, for the purpose of making reasonable
inspections to enforce compliance with this chapter and with building, fire, electrical, plumbing, and/or
health and safety regulations.
B. Whenever a city enforcement officer makes an inspection of a massage business and finds that any
provision of this chapter has been violated, the enforcement officer may pursue enforcement in accordance
with Chapter 1.10 of this code. The enforcement officer may also notify the registered certificate holder that
failure to comply with any notice issued for a violation of this chapter or any future violations of this chapter
may result in the revocation of a certificate of registration.
C. No notice of violation or time to correct need be given for violations of this chapter or violations of criminal
law observed by peace officers in the course of an investigation.
5.16.160 Display of signs and certificate of registration.
A. A recognizable and legible sign shall be posted at the main entrance of each massage establishment
location identifying the business as such. The owner or operator of each massage establishment location
shall display the certificate of registration—business and the certificate of registration—individual issued to
each certified massage therapist employed in or providing massage services at the massage business in
an accessible and conspicuous place on the premises.
B. An off-premises massage location is exempt from the requirements of subsection A of this Section
5.16.160. However, each off-premises massage therapist shall carry a copy of their certificate of
registration-individual, a copy of the certificate of registration-business, and their CAMTC identification card
and make such copies and identification available for viewing prior to any client agreeing to or being
provided a massage.
5.16.170 Advertisement.
Any advertisement, including, but not limited to, business cards, print, television, radio, or electronic media, for a
massage business, including those solely performing off-premises massage, shall include the number(s) of the
state certificates issued to the massage business and all massage therapists who will be performing the
massage or supervising services being advertised.
5.16.180 Certificate of registration expiration and renewal.
A. Certificates of registration shall be valid for two years from the date of issuance.
B. Any person or business that wishes to forfeit their certificate of registration prior to the date of expiration
may do so by providing a request in writing, delivered in person, by mail, or by email, to the certificate
administrator. The certificate administrator shall confirm the forfeiture in writing, by certified mail and/or
email if consent is provided, along with the effective date of the forfeiture. If the request to forfeit a
certificate of registration is made after a notice of revocation has been issued to the requestor, the
registered certificate holder may not reapply for a certificate of registration for a period of one year.
Feb. 4, 2025 Item #6 Page 16 of 38
C. The process for a renewal of a certificate of registration shall be the same as the process for a new
certificate of registration, with the exception of the additional requirements in subsections D-F of this
section.
D. The registered certificate holder shall apply to the certificate administrator to renew their certificate of
registration within 60 days prior to the certificate’s expiration.
E. If a renewal application and all required information for the renewal is not received by the certificate
administrator on or before the date of expiration, the certificate of registration shall be deemed expired and
no privilege to legally provide massage services in the City of Carlsbad shall exist.
F. In the event of a denial of a renewal certificate of registration for reasons other than the applicant/owner’s
failure to submit a complete renewal application with all required information, the certificate administrator
must provide a written notice of denial containing the reasons for the denial of a certificate of registration.
The notice of denial shall be hand delivered to the applicant/owner, sent by certified mail, or sent by email if
consented to by the applicant/owner. The applicant/owner shall, at the applicant/owner’s election, have the
right to receive a hearing as set forth in Section 5.16.210 of this chapter. If a hearing request is not received
by the certificate administrator within 10 calendar days of the issuance date of the notice of denial, the
denial shall be final.
5.16.190 Grounds for revocation of certificate of registration.
A. The certificate administrator may revoke a certificate of registration issued to a certified massage business,
certified sole proprietorship, or an individual upon any of the following grounds:
1. A registered certificate holder is no longer in possession of a current and valid state certification. A
noncertified owner, operator, corporation, or partner who owns five percent or more of the massage
business has been convicted of a crime that would have caused denial of the certificate of registration.
2. A registered certificate holder has made a material misrepresentation on the application for a certificate
of registration or renewal.
3. A registered certificate holder has engaged in conduct or operated the certified massage business in
a manner which violates any of the provisions of this chapter, any conditions of the certificate of
registration, or any of the laws which would have been grounds for denial of the certificate of
registration.
4. The registered certificate holder employs or uses noncertified massage technicians to perform
massage services.
5. Violations of this chapter or of the Massage Therapy Act, as it may be amended, have occurred at the
massage establishment location(s) or an off-premises massage location.
6. The registered certificate holder has engaged in fraud, misrepresentation, or false statements in
obtaining or maintaining a certificate of registration.
7. Discovery that the massage establishment or any massage therapists employed at or providing
services at the massage establishment were actually disqualified from applying for a certificate of
registration based on any of the factors set forth in Section 5.16.090(C) of this chapter.
B. An individual identified as an owner or operator of a massage business that has had a certificate of
registration revoked may not serve as an owner, operator, or employee of a massage business in the city,
nor be on the premises of any massage business for one year after the certificate of registration is revoked.
5.16.200 Revocation of certificate of registration.
If the certificate administrator determines that any of the grounds identified in Section 5.16.190 exist for the
revocation of a certificate of registration, the certificate administrator shall notify the registered certificate holder
in writing of the intent to revoke the certificate of registration, the reasons for the revocation, and the right to
request a hearing prior to the revocation. The written notice shall be hand-delivered to the applicant/owner, sent
by certified mail, or sent by email if consented to by the applicant/owner. The action indicated in the written
notice shall be final unless the registered certificate holder files a written request for hearing with the certificate
administrator within 10 calendar days of the date of the issuance of the notice of intent to revoke. The written
request for a hearing may be hand-delivered, mailed, or emailed and is deemed “filed” when received by the
Feb. 4, 2025 Item #6 Page 17 of 38
certificate administrator. If the request for a hearing is timely received, the certificate administrator shall proceed
in accord with Section 5.16.210 of this chapter.
5.16.210 Hearing.
A. Any person who has been denied a certificate of registration, for reasons other than submitting an
incomplete certificate of registration application or renewal, or any registered certificate holder who has
received a notice of intent to revoke a certificate of registration, may request a hearing on or before 10
calendar days of the issuance of the denial or the notice of intent to revoke.
B. Upon receipt of a timely written request for hearing, the certificate administrator shall schedule a hearing
within 10 and 20 calendar days. The certificate administrator shall provide a notice of the hearing in writing
to the applicant or registered certificate holder by means of certified mail, hand-delivery, or email if
consented to by the applicant/owner or registered certificate holder. The notice of hearing shall state that a
hearing shall be conducted to determine the existence of any facts which constitute grounds for denial or
revocation of a certificate of registration. The notice shall also include the date, time, and place of the
hearing.
C. The hearing shall be conducted by an administrative hearing officer pursuant to the procedures in Carlsbad
Municipal Code Chapter 1.10, Article III.
D. In the event that the applicant/owner, registered certificate holder, or counsel for the applicant/owner or
registered certificate holder fails to appear at the hearing, the evidence of the existence of facts which
constitute grounds for denial or revocation of the certificate of registration shall be considered unrebutted.
E. Notice of the decision shall be given in the same manner as for the hearing and shall specify findings of fact
and the reasons for the decision. The hearing officer shall inform the party against whom the decision is
rendered of their appeal rights pursuant to Chapter 1.10 of this code.
5.16.220 Public nuisance.
A certified massage business operated, conducted, or maintained contrary to the provisions of this chapter shall
be unlawful and a public nuisance, and the City Attorney may in the exercise of discretion, in addition to or in
lieu of prosecuting a criminal action under this chapter, commence an action or actions, proceeding or
proceedings, for the abatement, removal and enjoinment of the public nuisance, in a manner provided by law.
5.16.230 Violations, penalties.
A. Unless otherwise exempted by the provisions of this chapter, every person, whether acting as an individual,
owner, employee of the owner, operator, or employee of the operator or whether acting as a mere helper
for the owner, employee, or operator, or whether acting as a participant or worker in any way, who gives
massages or conducts a massage business, or who, in connection with the business, gives or administers,
or practices the giving or administering of, massages or baths or any of the services defined in this chapter,
without first obtaining state certification and a city certificate of registration, or who violates any provision of
this chapter, shall be charged with an infraction or misdemeanor at the discretion of the City Attorney,
punishable as provided in Section 1.08.010(B) of this code.
B. Any owner, licensee, manager, or registered certificate holder in charge or in control of a massage
business or certified massage business or certified sole proprietorship who knowingly employs a person
who is not in possession of a valid, unrevoked certificate of registration, or who allows such persons to
perform, operate, or practice within a massage business, shall be charged with an infraction or
misdemeanor at the discretion of the City Attorney, punishable as provided in Section 1.08.010(B) of this
code.
5.16.240 Rules of construction.
This chapter shall be construed liberally in favor of regulation as determined if necessary and appropriate by the
City Manager for the public protection and welfare and in order to accomplish its purpose and intent.
5.16.250 Severability.
Feb. 4, 2025 Item #6 Page 18 of 38
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 4th
day of February 2025, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ___ _, 2025, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CINDIE K. McMAHON, City Attorney
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Chapter 5.16
MASSAGE SERVICES*
Sections:
5.16.010 Purpose and intent.
5.16.020 Definitions.
5.16.030 AuthorityCertificate administrator.
5.16.040 State certification and city certificate of registration required.
5.16.045 5.16.050 Exemptions from requirement for certificate of registration—
business and individual.
5.16.060 Compliance period.
5.16.050 Certified massage business—Certificate070 Application for certificate of
registration required--individual.
5.16.060 Certified massage 5.16.080 Application for certificate of registration—
business—.
5.16.090 Certificate of registration issuance, denial.
5.16.070100 Registration fee.
5.16.080110 City business license.
5.16.090 Exemptions from requirement for 120 Transferability of certificate of registration—
Business and individual.
5.16.100130 Notification of changes.
5.16.140 Health and safety requirements.
5.16.110150 Inspection by city officials and notices of violation.
5.16.120160 Display of signs and certificationcertificate of registration.
5.16.130 Transfer of certificate of registration—Business.
5.16.170 Advertisement.
5.16.140 Notification of changes.
5.16.150 Certificate of registration—Individual; nontransferable.
5.16.160180 Certificate of registration expiration and renewal.
5.16.170190 Grounds for suspension or revocation of certificate of registration—Business.
5.16.180 Grounds for suspension or revocation5.16.200 Revocation of certificate of
registration—Individual.
5.16.190 Suspension or revocation of certificate of registration.
5.16.200 Hearing.
5.16.210 AppealHearing.
5.16.220 Reapplication after denial.
5.16.230 Public nuisance.
5.16.240230 Violations, penalties.
5.16.240 Rules of construction.
5.16.250 InterpretationSeverability.
5.16.260 Constitutionality.
5.16.010 Purpose and intent.
It is the purpose and intent of the city councilCity Council that this chapter relies upon the Massage
Therapy Act in California Business and Professions Code Chapter 10.5 of Division 2, as it Business and
Professions Code Section 4600 et seq. , as well as the city’s regulatory authority in Article XI, Section 7 of
the California Constitution, California Business and Professions Code Sections 460 and 16000, and
California Government Code Sections 37101 and 51030 et seq., as they may be amended, to provide for
the orderly and consistent regulation of massage services, to enable consumers to identify legitimate
massage workers and businesses, and additionally to establish minimum health and safety standards,
thus protecting the public interest, health, safety, and welfare of the city.
Exhibit 2
Feb. 4, 2025 Item #6 Page 20 of 38
5.16.020 Definitions.
For the purpose of this chapter, the following words and phrases shall have the following meanings:
“Applicant” means an applicant for a certificate of registration—individual or business, and each of the
following persons: the managing responsible officer/employee, a general partner, a limited partner, a
shareholder, a sole proprietor, or any person who has a five percent or greater ownership interest in
a massage business whether as an individual, corporate or limited liability entity, limited partner,
shareholder, or sole proprietor.
“California Massage Therapy Council” or “CAMTC” means the massage therapy organization formed
pursuant to California Business and Professions Code Section 4600, and following, as Business and
Professions Code Section 4602 as may be amended.
“CAMTC identification cards” or “identification cards” means the cards issued by CAMTC to a certified
massage practitionertherapist.
“Certificate administrator” means the city manager’sCity Manager’s designee for promulgating rules,
regulations, and requirements consistent with the provisions of this section and all other lawlaws in
connection with the issuance of a certificate of registration.
“Certificate of registration” means a certificate issued by the certificate administrator to either a business,
sole proprietor, or individual upon submission of required evidence indicating the person or entity
has satisfied all requirements of this chapter.
“Certificate of registration—business” means a certificate issued by the certificate administrator upon
submission of satisfactoryrequired evidence as required that a massage business or sole
proprietorship employs or uses only certified massage therapists or practitioners possessing valid
and current state certifications and has satisfied all other requirements pursuant to the provisions of
this chapter.
“Certificate of registration—individual” means a certificate issued by the certificate administrator upon
submission of satisfactoryrequired evidence that a massage practitioner or therapist has a valid and
current state certification and has satisfied all other requirements pursuant to the provisions of this
chapter.
“Certified massage business” means any massage business where the only persons employed or used
by that business to provide massage services have current and valid state certifications.
“Certified massage practitionertherapist” means any person holding a current and valid state certificate
issued by the CAMTC (pursuant to California Business and Professions Code Business and
Professions Code Sections 46004604 to 4606, and followingany other provisions of the Massage
Therapy Act, as it may be amended),, whether as a massage practitioner or massage therapist, as
defined thereinin the act.
“Certified sole proprietorship” means any massage business where the owner is the only person
employed or used by that business to provide massage services and the owner has a current and
valid unconditional state certification.
“City” means the City of Carlsbad.
“Massage” means any method of treating the external parts of the body for remedial, health, or hygienic
purposes for any form of consideration (whether for the massage, as part of a membership, as part
of other services or a product, or otherwise) by means of pressure on or friction against, or stroking,
kneading, rubbing, tapping, pounding, or stimulating the external parts of the body, with or without
the aid of any mechanical or electrical apparatus or appliances; or with or without supplementary
aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or
other similar preparations commonly used in this practice; or by baths, including but not limited to
Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or
any other type of bath.
Feb. 4, 2025 Item #6 Page 21 of 38
“Massage business” or “massage establishment” means a business that provides massage services,
including off-premises massage services, to patrons for monetary compensation or other
consideration.
“Massage establishment location” means the physical address location or building where massage
services are provided.
“Massage therapist” means a person who provides massage services at a massage establishment or off-
premises business location, including a certified massage therapist and a certified massage
practitioner as defined in California Business and Professions Code Section 4601.
“Off-premises massage” means the engaging in or carrying out of a massage for compensation or
consideration of any type at a residence or workplace location designated by the patron and not at a
massage establishment location or where the massage business regularly conducts its business
operations.
“Off-premises massage location” means a residence or workplace location designated by the patron
where an off-premises massage is provided.
“Owner” or “operator” means any and all owners of a massage business including any of the following
persons: the managing responsible officer/employee, a general partner, a limited partner, a
shareholder, a sole proprietor, or any person who has a five percent or greater ownership interest in
a massage business whether as an individual, corporate entity, limited partner, shareholder, or sole
proprietor.
“Registered certificate holder” means a person or business that has been issued a certificate of
registration by the certificate administrator pursuant to the requirements of this chapter.
“State certification,” “state certificate,” or “state certified” means a valid and current certification properly
issued by CAMTC (to a certified massage therapist pursuant to California Business and Professions
Code Sections 4600, et seq.,4604 to 4606 and any provisions of the Massage Therapy Act, as it
may be amended) to a certified massage practitioner. .
5.16.030 Authority Certificate administrator.
The certificate administrator shall have the power and authority to promulgate rules, regulations, and
requirements consistent with provisions of this chapter and other law in connection with the issuance of a
certificate of registration. The certificate administrator may designate an employee to make decisions and
investigations and take actions under this chapter.
5.16.040 State certification and city certificate of registration required.
A. It is unlawful for any individuala person to administer or otherwise practice massage in exchange
for compensation or consideration of any type within the city unless that individual is a CAMTC
certified massage practitioner.has a current and valid CAMTC certification and CAMTC identification
card.
B. It is unlawful for any massage business within the city to provide or allow any form of massage to
be administered unless all individuals employed by the massage business to administer massage,
whether as an employee or independent contractor, are CAMTC certified massage practitioners.hold
a current and valid CAMTC certification and CAMTC identification card.
C. It is unlawful for any person, association, partnership, or corporation to engage in, conduct, or
carry on, or permit to be engaged in, conducted or carried on in or upon any premises within the city,
the operation of a massage establishment or an off-premises massage business or to allow any
person to administer massage or function as a certified massage practitionertherapist, unless a
current and valid certificate of registration has been issued for thatthe massage establishment or off-
premises massage business pursuant to this chapter.
D. It is unlawful for a person to administer or otherwise practice massage in exchange for
compensation or consideration of any type within the city without a current and valid certificate of
Feb. 4, 2025 Item #6 Page 22 of 38
registration issued pursuant to this chapter. This section does not apply to individuals specifically
exempted pursuant to this chapter.
5.16.050 Exemptions from requirement for certificate of registration—business and
individual.
The provisions of this chapter shall not apply to the following classes of persons or businesses while
engaged in the performance of their duties:
A. Physicians, surgeons, chiropractors, osteopaths, nurses, or any physical therapists duly licensed to
practice their respective professions in the State of California and working within the scope of their
licenses.
B. Barbers, cosmetologists, aestheticians, and manicurists who are duly licensed under the laws of the
State of California while engaging in practices within the scope of their licenses, except that this
provision shall apply solely to the massaging of the neck, face, hands and feet, and/or scalp of the
patrons, and this exception shall not apply to full body work or full body massage.
C. Hospitals, nursing homes, sanatoriums, or any other health facilities duly licensed by the State of
California.
D. A trainer of any duly constituted athletic team who administers a massage in the normal course of
training duties and when acting within the scope of their employment.
E. Trainers of amateur, semi-professional, or professional athletes or athletic teams while engaging in
their training responsibilities for and with athletes; and trainers working in conjunction with a specific
athletic event such as an outdoor road or bike race.
F. Health clubs, health spas, gymnasiums, or other similar facilities designed or intended for general
physical exercise or conditioning in which the furnishing of massage or bathing services or facilities
is subordinate and incidental, except that the person performing massage services shall obtain a
state certification and city certificate of registration in conformance with this chapter. Hotels and
motels that provide massage services and any massage therapist working in a hotel or motel are not
included in this exemption and must obtain a certificate of registration-business and certificate of
registration-individual.
5.16.060045 Compliance period.
A. Within six months of the effective date this ordinance, anyOn or before July 1, 2025, any off-
premises massage business that is operating in the city with a current and valid city massage business
license and is otherwise subject to this chapter, shall submit an application for a certificate of registration
pursuant to the provisions of this chapter.
B. Within six months of the effective date of this ordinance, any person who possesses a current and
valid city license as a holistic health practitioner or massage technician and is otherwise subject to
this chapter, shall submit an application for a certificate of registration pursuant to the provisions of
this chapter.
C. Massage businesses, massage technicians and holistic health providers that are subject to the
requirements of this chapter, and that have a current and valid city massage business license and
that have submitted a complete application for certificate of registration in accordance with this chapter
may continue to operate while the certificate of registration application is processed.
D. Massage businesses, massage technicians and holistic health providers that are subject to the
requirements of this chapter, and that have a current and valid city massage business license or a
current and valid city massage technician or holistic health practitioner license, issued pursuant to
former Carlsbad Municipal Code Section 5.16.030 or 5.16.190, on the effective date of this ordinance
shall be entitled to receive a prorated refund of the city massage license fee for the remaining portion
of the license period. All requests for refunds shall be made in writing within six months of the effective
Feb. 4, 2025 Item #6 Page 23 of 38
date of this ordinance and will be paid to the licensee within 60 days of the request. All requests for
refunds shall be directed to business licensing.
5.16.050 Certified massage business—Certificate of registration required.
A.
5.16.070 Application for certificate of registration—individual.
The certificate administrator shall issue a certificate of registration—individual to any certified massage
therapist who provides all of the following:
A. A completed certificate of registration-individual application that is filed on forms provided by the
certificate administrator, submitted under penalty of perjury.
B. Proof of a valid and current state certification.
C. Proof of a valid and current CAMTC identification card.
D. Valid and current government-issued photo identification provided in-person by the certified
massage therapist that matches their state certification and CAMTC identification card.
5.16.080 Application for certificate of registration-business.
A certificate of registration-business application shall be filed on forms provided by the certificate
administrator, submitted under penalty of perjury and shall contain all of the following information:
1A. State Certification Verificationcertification verification.
a1. If a certified sole proprietorship, the applicant/owner shall produce a valid and current state
certification and a valid and current, a valid and current CAMTC identification card, and valid
and current government-issued photo identification provided in-person that matches their state
certification and CAMTC identification card.
b2. If a cerƟfied massage business other than a cerƟfied sole proprietorship, and the
applicant/owners shall produce:
i. A valid and currentare also state certification;cerƟfied, they shall provide the same
proofs as a cerƟfied sole proprietorship, as provided in SubsecƟon 5.16.080(A)(1),
and
ii. A valid and current CAMTC identification card; and
aiii. A statement signed under penalty of perjury that the certified massage business shall employ
only certified massage practitioners along with copies of valid and current state certificates for
all certified massage practitioners employed or who will be employed by the massage business
and copies of their current and valid CAMTC identification cardstherapists.
c. The certificate administrator may require the applicant/owner of a certified sole
proprietorship or a certified massage business to produce a valid and current California
driver’s license and/or identification card issued by a state governmental agency.
d. The certificate administrator may require the certified massage practitioners whom the
applicant/owner has identified as employees to personally appear and produce valid and
current state certificates, a valid and current California driver’s license and/or identification
card.
e3. The following information shall be provided by any applicant/owner who is not state certified and
who owns or will own five percent or more of the massage business:
i.a. Acceptable proof that the applicant/owner is at least 18 years of age.
iib. Full, true name, and other names used, date of birth and valid and current California
driver’s license or government-issued photo idenƟficaƟon card issued by a state
governmental agency.
Feb. 4, 2025 Item #6 Page 24 of 38
iii. One photograph provided by the applicant. The photograph must be in color, printed on
photo quality paper, two by two inches in size, sized such that the head is between one
inch and one and three-eighths inches from the bottom of the chin to the top of the head,
taken within the last six months to reflect the applicant’s current appearance, taken in front
of a plain white or off-white background, and taken in full-face view directly facing the
camera-person.
iv.c. Current address and all previous residence(s) for the past 10 years, including dates at each
address.
v. Businessd. All massage business, occupation, and employment history for 10 years
preceding the date of current or proposed employment, the inclusive dates of same; the
namethe application.
e. The names and addressaddresses of any massage businessbusinesses or other like
establishmentestablishments owned or operated by any person subject to the background
check including but not limited to history, if any, with; a list of all permits, certificates, and
licenses issued by any agency, board, council, city, county, territory, or state; and related
to the massage business; the dates of their issuance,; and any denial, restriction,
revocation, or suspension,enforcement action and the reasons therefor of any individual or
business permit.
vi.f. Fingerprints, subject to a fee to cover actual costs, to submit to the Department of
Justice through LiveScan or equivalent, and may submitalong with a potential additional
fee to cover the actual costs for subsequent arrest notice for renewal applications, to
determine whether the applicant/owner has any of the following:
(A)i. Convictions for any crime involving conduct which requires registration under
California Penal Code Penal Code Section 290 (Sex Offender Registration Act);).
(B)ii. ConvicƟons of violation of California Penal Code Section 653.23
(supervision of prostitute);
(C) Convictions of violation of California Penal Code Penal Code Section 647(b) or
California Penal Code Penal Code Section 415(3) where the original charge was for
violation of California Penal Code Penal Code Section 647(b);).
iii.(D) Convictions of crimes designated in Government Code California Government
Code Section 51032 (massage - grounds for denial of license), or any crime involving
dishonesty, fraud, deceit, violence or moral turpitude;.
(E)iv. Injunctions for nuisances under Penal Code SectionCalifornia Penal
Code Sections 11225-11235 (red light abatement law);).
(F)v. Convictions 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 referenced offenses
of this subdivision;.
(G)vi. Conspiracy or attempt to commit any such offense described in paragraphs
(1)(e)(subsections i)—(-v) of this subsection 5.16.080(A.)(3)(f).
2B. General Business Information.business information. Applicant/owner to provide all of the following:
a.1. The full true name under which the massage business will be conducted. The mailing address
for the present or proposed massage business.
b.2. The present or proposed addressaddresses where the massage services will be conducted.
and/or the address of the business office for an off-premises massage business. Off-premises
massage locations may be generally listed as “residences and workplaces designated by the
patron.”
c.3. Complete description of all massage services to be provided.
Feb. 4, 2025 Item #6 Page 25 of 38
d4. The name and address of any massage business or other like business owned or operated by
any person whose name is required to be given pursuant to this section.applicants/owners.
e.5. A description of any other business to be operated on the same premises, or on adjoining
premises, owned or controlled by the applicant/owner, if applicable.
f.6. The name and address of the owner and lessor of the real property, if any, upon or in which the
massage business is to be conducted, if applicable.
3.C. Corporate Information., partnership, or limited liability company information. Applicant/owner to
provide all of the following:
a1. If the applicant/owner is a corporation, the name of the corporation shall be set forth exactly as
shown in its articles of incorporation or charter, together with the state and date of incorporation
and the names and residence addresses of each of its current officers and directors, and of each
stockholder holding more than five percent of the stock of that corporation, and its registered
agent for receipt of process.
b.2. If the applicant/owner is a partnership, the application shall set forth the names and residence
addressaddresses of each of the partners, including limited partners. If the applicant is a limited
partnership, it shall furnish a copy of its certificate of limited partnership as filed with the county
clerk.Secretary of State. If one or more of the partners is a corporation, the provisions of this
subsection pertaining to corporate applicants shall apply to the corporate partner.
c.3. If the applicant/owner is a limited liability company, the name of the limited liability company shall
be set forth exactly as shown in its articles of organization and statement of information, together
with the state and date of organization and the names and residence addresses of each of the
current members/managers. The applicant shall also furnish a copy of its articles of organization
and statement of information as filed with the Secretary of State.
4. The applicant/owner, corporation or, partnership, or limited liability company shall designate one
of its officers or, general partners, or members/managers to act as its responsible managing
officer/employee. Such person shall complete and sign all application forms required of an
individual applicant under this chapter. The corporation’s or partnership’s responsibleThe
managing officer must, at all times, meet all of the requirements set by this chapter orand the
corporation or partnershipentity’s certificate of registration—business shall be suspended until
a responsible managing officer who meets such requirements is designated and verified. If no
such person is found within 90 days, the corporation or partnership’s certificate of registration is
deemed canceled and a new application for certificate of registration must be filed..
d.5. If an applicant/owner, operator, corporation, or partner, or member/manager owns five percent
or more of the massage business and is not state certified, the police department shall conduct
a background check of that owner, operator, corporation, or partner, which shall include the
information requested in paragraphs (1)(e)(A)(3)(f)(i-vi)(A)—(G) inclusive of this subsection
A5.16.080, and the name and address of any massage business or other like business owned
or operated by any person who is subject to the background check requirement of this
subdivision.
4.D. Copies of all massage therapists’ duly issued certificates of registration-individual who will be
employed or provide massage services for the establishment. All such certificates of registration-
individual must be issued prior to the massage establishment’s certificate of registration-business
being issued.
E. Authorization for the city, its agents, and employees, to seek information and conduct an
investigation into the truth of the statements set forth in the application and into the background of
the applicant/owner, where authorized by this chapter.
5.F. A certificate of compliance from the city’s building official (or other compliance person as designated
by the city manager) that certifies that the premises of the massage business will meet or does meet
all applicable codes and regulations. The certificate of compliance must be submitted to the
Feb. 4, 2025 Item #6 Page 26 of 38
certificate administrator prior to the application approval. No certificate of compliance is required for
a massage business that solely provides off-premises massage.
6.G. Zoning consistency checkverification in writing from city.the city’s Community Development
Department. The zoning consistency verification must be submitted prior to application approval. A
zoning consistency checkverification does not confer or authorize any entitlement to a use permit or
building permit or similar, which process, if applicable, is separate from the certificate of registration
process. Nor does a zoning consistency verification confirm compliance with any other provisions of
the Carlsbad Municipal Code. No zoning consistency verification is required for a massage business
that solely provides off-premises massage.
7.H. A signed statement that the applicant/owner shall be responsible for the conduct of all employees or
independent contractors working on the massage premises of the massage business or working at
the off-premises massage business, and that failure to comply with California Business and
Professions Code Section 4600, and following, with anyany applicable local, state, or federal law, or
with the provisions of this chapter may result in the suspension or revocation of the certificate of
registration—business.
8.I. Payment of a registration fee, if any, as per Section 5.16.070. 5.16.100.
B. Upon receipt of the application, the certificate administrator shall refer the application for a certificate
of registration—business to other city departments for review and the building official or other
designee shall inspect the massage premises, if any, proposed to be used as a massage business
and shall make a written recommendation to the certificate administrator concerning compliance with
the respective requirements.
C.
5.16.090 Certificate of registration issuance, denial.
A. The certificate administrator shall have 60 days, after the submission of all required information, to
either issue or deny the application for a certificate of registration.
B. For those applications that areany application submitted without all the required information,
including proof of state certification, the certificate administrator, in his or hertheir sole discretion,
may either reject the application outright or request the applicant/owner to submit the missing
information by a date certain. A rejected application, based on failure to submit all required
information, shall not form the basis for a hearing as set forth in Section 5.16.200210 of this chapter.
C. Reasons for denial
5.16.060 Certified massage business—Certificate of registration issuance.
A. The certificate administrator shall issue a certificate of registration—business to any certified sole
proprietorship that demonstrates all of the following:.
1. That the operation, as proposed, if permitted, complies with all applicable laws, including, but
not limited to, the city’s building, zoning, business license, health regulations, and this chapter.
2. The owner is a certified massage practitioner and is the same person to whom the CAMTC
issued a valid and current identification card.
3. That the applicant has not made a material misrepresentation in this application or with respect
to any other document or information required by the city with respect to this application or for
an application for a city massage permit under applicable law within the last five years.
B. 10-year bar. The cerƟficate administrator shall issue a certificate of registraƟon—business to a
certified massage business that demonstrates all of the following:
1. That the operation, as proposed, if permitted, complies with all applicable laws, including, but
not limited to, the city’s building, zoning, business license, health regulations, and this chapter.
2. The owner is a certified massage practitioner and is the same person to whom the CAMTC
issued a valid and current identification card.
Feb. 4, 2025 Item #6 Page 27 of 38
3. The massage business employs or uses only certified massage practitioners whose state
certifications are valid and current are the same persons to whom CAMTC issued valid and
current identification cards.
4. That the applicant has not made a material misrepresentation in this application or with respect
to any other document or information required by the city with respect to this application or for
an application for a city massage license under applicable law within the last five years.
5. That will be denied if the background check for any applicant/owner authorized by this chapter
shows that such person has not, within 10 years preceding the application, been required to
register under the provisions of Section 290 of the California Penal Code; within 10 years
preceding the application had a conviction in court of competent jurisdiction for any of the crimes
identified in Section 5.16.050080(A)(1)(e)(63)(f)(i—vii) herein; vi) of this chapter; and/or has
been subject to an injunction for nuisance pursuant to California Penal Code Sections 11225—
11235 within the last 10 years.
2. 5-year bar.
a. Any applicant who makes a material misrepresentation within the last five years in an
application for a massage certificate of registration or with respect to any other document
or information required by the city with respect to this application is not eligible to apply for
a city certificate of registration until the five-year period lapses.
b. Evidence that an applicant has had an individual or business massage permit or license
with any agency, board, city, county, territory, or state, denied, revoked, restricted, or
suspended within the last five years; and has not been subject to an injunction for nuisance
pursuant to Penal Code Sections 11225—11235 within the last 10 years may result in
denial of a certificate of registration.
C. In the event3. 1-year bar. An application will be denied if any owner/applicant or lessee of the
proposed massage establishment location, including any off-premises locations, has, within a
denial of issuance of one (1) year period prior to the submittal of the application:
a. Been in violation of this Chapter, or any similar criminal, civil, or administrative ordinance,
law, rule, or regulation of the State of California or any other public agency related to the
operation of massage establishments.
b. Failed to correct massage-related violations within the specified compliance period.
c. Had a certificate of registration—-business, revoked pursuant to this chapter.
d. Received a notice of revocation or administrative notice issued pursuant to this chapter,
while any appeal of the revocation or fine is pending.
e. Outstanding code violations or fines issued pursuant to the Carlsbad Municipal Code which
have not been paid. The one-year prohibition from applying for a certificate of registration
will be lifted once all such code violations have been corrected and all related fines have
been paid.
4. Massage therapists. An application will be denied if any of the massage therapists who will be
employed at or provide services at the massage establishment have:
a. Been in violation of this chapter, or any similar criminal, civil, or administrative ordinance,
law, rule, or regulation of the State of California or any other public agency related to the
operation of massage establishments.
b. Failed to correct massage establishment-related violations within the specified compliance
period.
c. Had a certificate of registration-individual revoked pursuant to this chapter.
d. Received a notice of revocation or administrative notice issued pursuant to this chapter,
while any appeal of the revocation or fine is pending.
Feb. 4, 2025 Item #6 Page 28 of 38
e. Outstanding code violations or fines issued pursuant to the Carlsbad Municipal Code that
have not been paid. The prohibition from applying for a certificate of registration will be
lifted once all such code violations have been corrected and all related fines have been
paid by the massage therapist.
D. Procedure for denial of a certificate of registration
1. The certificate administrator willmust provide notificationwritten notice of anddenial of a
certificate of registration containing the reasons for the denial. The notice of denial shall be set
forth in writing and shall either be hand -delivered to the applicant/owner or, sent by registered
or certified mail. , or sent by email if consented to by the applicant/owner.
2. The applicant/owner shall, at the applicant/owner’s election, have the right to receive a hearing
as set forth in Section 5.16.200.210 of this chapter. If such a hearing is not requested within 10
calendar days of the notice of denial request is not received by the certificate administrator within
10 calendar days of the date of the issuance of the notice of denial, the denial shall be final. A
request for hearing is deemed timely if the certificate administrator received said request by
close of
3. If a certificate of registration is denied because a massage therapist does not possess the
required state certification, reapplication may occur when the required certification is obtained.
4. If a certificate of registration-business is denied based on the 10th calendar day. (Ord. CS-234
§ 2, 2013)Subsection (C)(4) of this Section 5.16.090, and the disqualifying massage therapist(s)
is removed from the application, the disqualified massage therapist(s) may not provide any
services at the massage establishment for a minimum period of one year. The owner-applicant
must comply with Section 5.16.130 of this chapter if the application is later modified to add the
previously disqualified massage therapist as an employee or service provider.
5.16.070100 Registration fee.
A registration fee, if any, shall be set by resolution of the city councilCity Council and shall be required
only for background checks for those applicants/owners of a certified massage business who are not
state certified and own five percent or more of the certified massage business. A registration fee shall not
be charged to certified massage practitionerstherapists or as to those state certified applicants/owners
applying for a certificate of registration—business.
5.16.080110 City business license.
All persons shall are required to obtain a business license whereas required by the city’s business license
provisions. The issuance of a certificate of registration (individual or prior to conducting any massage
business) is a condition precedent to the granting of such a city business license. Upon the issuance of a
certificate of registration pursuant to this chapter, the applicant/owner shall apply for and furnish the
information necessary to obtain a city business license as required by the provisions of this code. No
business license shall be issued until the certificate of registration has been issued and the business
license fee, as provided in this code, has been paid. A or providing any massage services in the city.
However, a certified massage practitionertherapist employed by a certified massage business is not
required to obtain a city business license. The business license fee shall be commensurate with the
business license fee charged to other professionals as established by this code.
5.16.090 Exemptions from requirement for 120 Transferability of certificate of
registration.
Neither a certificate of registration-business nor a certificate of registration-individual is transferable. A
transfer or attempted transfer of a certificate of registration—Business and individual is a violation of
this chapter.
The provisions of this chapter shall not apply to the following classes of persons or businesses while
engaged in the performance of their duties:
Feb. 4, 2025 Item #6 Page 29 of 38
A. Physicians, surgeons, chiropractors, osteopaths, nurses or any physical therapists duly licensed to
practice their respective professions in the State of California and working within the scope of their
licenses.
B. Barbers, cosmetologists, aestheticians, and manicurists who are duly licensed under the laws of the
State of California while engaging in practices within the scope of their licenses, except that this
provision shall apply solely to the massaging of the neck, face, hands and feet, and/or scalp of the
customers, and this exception shall not apply to full body work or full body massage.
C. Hospitals, nursing homes, sanatoriums, or any other health facilities duly licensed by the State of
California.
D. A trainer of any duly constituted athletic team who administers a massage in the normal course of
training duties and when acting within the scope of their employment.
5.16.130 Notification of changes.
A. Every registered certificate holder shall report in writing within 5 business days to the certificate
administrator any changes to the information provided in their application for a certificate of
registration, including but not limited to change of address or ownership of the certified massage
business and change of massage therapists employed at or providing massage services for the
massage business. Failure to notify the certificate administrator as required by this section is a
violation of this chapter.
B. The certificate administrator will issue an amended or new certificate of registration if they determine
that the reported change requires an amended or new certificate of registration.
5.16.140E. Trainers of amateur, semi-professional or professional athletes or athletic teams while
engaging in their training responsibilities for and with athletes; and trainers working in conjunction with
a specific athletic event such as an outdoor road or bike race.
F. Health clubs, health spa, gymnasium, or other similar facility designed or intended for general physical
exercise or conditioning in which the furnishing of massage or bathing services or facilities is
subordinate and incidental, except that the person performing massage services shall obtain a state
certification and city certificate of registration in conformance with this chapter.
5.16.100 Health and safety requirements.
All premises of certified massage businesses shall beestablishment locations are subject to periodic
inspection by the city at any time and without prior notice for compliance with health, safety, and building
standards and all such establishments shall comply with the following requirements:
A. Health and Safety Requirements—Facilitysafety requirements—facility.
1. One artificial white light of not less than 40 watts shall be provided in each room where massage
is being administered.
2. The walls shall be clean and painted with an approved washable mold resistant paint in all rooms
where water or steam baths are given.
3. Floors shall be free from any accumulation of dust, dirt, or refuse.
4. All equipment used in the massage operation shall be maintained in a clean and sanitary
condition.
5. Dressing and locker facilities shall be provided for patrons. Security deposit facilities for the
protection of the valuables of the patrons shall also be available.
6. One front door shall be provided for patron entry to the massage businessestablishment location,
which shall open to an interior patron reception and waiting area immediately inside the front
door. All patrons and any persons other than individuals employed or retained by the massage
business shall be required to enter and exit through the front.
Feb. 4, 2025 Item #6 Page 30 of 38
7. No part of the massage business establishment location shall be used for or connected with any
bedroom or sleeping quarters. Nor shall any person sleep in such massage business
establishment location except for limited periods incidental to and directly related to a massage.
8. This section does not apply to massage businesses when providing off-premises massage.
B. Health Requirements—Linensrequirements—linens.
1. Towels, sheets, clothes and linens of all types, and items for personal use of operators and
patrons shall be clean and freshly laundered and shall not be used for more than one person.
2. Reuse of such items is prohibited unless the same has first been laundered. Such items shall
not be laundered or dried in any massage businessestablishment location or off-premises
massage location unless such businesslocation is provided with approved laundry facilities for
suchcontaining one or more machines laundering and drying.
3. Heavy white paper may be substituted for sheets provided that such paper is used once for
every person and then discarded into a sanitary receptacle.
C. General Healthhealth and Safety Regulationssafety regulations.
1.1. Any violation of Business and Professions Code Section 4609(a) is unlawful and a violation of
this chapter.
2. No person afflicted with an infection or parasitic infestation transmissible to a patron shall
knowingly provide massage therapy to a patron, or remain on the premises of a certified
massage businessestablishment location or off-premises massage location while so infected or
infested.
2.3. It is unlawful for any certified massage practitionertherapist or other person to massage
the genital area of any patron or to massage the breasts of any female patron in violation of
Business and Professions Code Section 4609, or for any operator of a massage business to
allow or permit such massage.
3.4. It is unlawful for any certified massage practitionertherapist or other person to be other than fully
clothed in nontransparent clothing at all times that shall not expose their genitals, pubic area,
buttocks, or chest, or for any operator of a massage business to allow or permit such prohibited
dress.
4. If during the life of a certificate of registration, the applicant/owner has any change in information
concerning the original application or is different from what was included in the original
application; notification must be made to the certificate administrator, in writing, within 10
calendar days of the change.
5. Hours of operation.
a. Massage establishment location.
1. It is unlawful for any certified massage business or registered certificate
holdermassage therapist to provide a massage between 10:00 p.m. and 7:00 a.m.
and the
2. The hours of operation of the massage establishment shall be displayed in a
conspicuous public place in the reception area and in any front window clearly, visible
from outside of the massage business. establishment location.
3. Patrons and visitors shall be permitted in or at the massage businessestablishment
location only during hours of operation.
6.b. Off-premises massage locations are not subject to the requirements of Section
5.16.140(C)(5)(a), except that massage therapists may only provide an off-premises
massage between 6:00 a.m. and 10:00 p.m.
6. List of massage services.
a. Massage establishment location.
Feb. 4, 2025 Item #6 Page 31 of 38
1. A list of massage services available and the cost of such services shall be made
readily available and transparent to all customers or potential customers in electronic
form or posted in an open and conspicuous public place onat the massage premises.
establishment location.
2. The massage services shall be described in English and may also be described in
such other languages as the business chooses. .
3. No massage business owner or operator shall permit, and no person employed or
retained by the certified massage business, shall offer to perform, any massage
services or fees other than those posted.
7. It is unlawful for any certified massage business or any registered certificate holder, owner,
operator, or responsible managing officer/employee to violate any requirements of this chapter.
b. Off-premises massage. An off-premises massage business shall maintain a list of massage
services available and the cost of such services in written or electronic form so that they
are readily available and transparent to all customers or potential customers. The off-
premises massage business shall assure that each massage therapist can provide such a
price list upon request.
7. Non-patrons shall only be permitted in the waiting area; however, the following exceptions may
apply:
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.
d. An elderly or disabled person may be present in the massage therapy room with a patron who
is their conservator, aid, or other caretaker.
8. The presence of any device which can be utilized as an early warning system, to alert the
employees or operator of a massage establishment to the presence of law enforcement or local
authorities on the premises is prohibited in any massage establishment location or off-premises
massage location. Such prohibited devices include, but are not limited to, light or music dimmers,
electronic detection devices, external or internal video equipment and alarm systems other than
those used for fire alarms.
9. No massage establishment location located in a building or structure with exterior windows
fronting a public street, highway, walkway, or parking area shall, during business hours, 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. For the purpose of this subsection, there is an irrebuttable presumption that the
visibility is impermissibly blocked if more than 10 percent of the interior reception and waiting
area is not visible from the exterior window.1
10. No massage therapist shall provide off-premises massage inside any hotel room, motel room,
vehicle, or commercial establishment, except at the workplace designated by the patron. For
purposes of this chapter, a hotel room, motel room, and a vehicle are not considered a workplace
or a residence.
5.16.110150 Inspection by city officials and notices of violation.
A. The investigating officials of the city, including the San Diego County Health OfficialA. Any
enforcement officer, as defined in Chapter 1.10 of this code, shall have the right to enter thea
massage business premisesestablishment location from time to time during regular business hours,
Feb. 4, 2025 Item #6 Page 32 of 38
prior to the issuance of a certificationcertificate of registration—business and
subsequentlysubsequent to such issuance, for the purpose of making reasonable inspections to
enforce compliance with this chapter and with building, fire, electrical, plumbing, and/or health and
safety regulations. In the event a certificate of registration—business has been issued, it may be
suspended or revoked in the manner hereinafter set forth in this chapter.
B. Whenever a city officialenforcement officer makes an inspection of a massage business and finds
that any provision of this chapter has been violated, the certificate administrator shall give notice of
such violation by means of a written notice. Any resulting written notice shall set forth the specific
violation or violations found, andenforcement officer may pursue enforcement in accordance with
Chapter 1.10 of this code. The enforcement officer may also notify the registered certificate holder
that failure to comply with any notice issued in accordance with the provisionsfor a violation of this
chapter or any future violations of this chapter may result in the suspension or revocation of the
certification a certificate of registration. The registered certificate holder may be issued a warning
that any future violation of this chapter may result in suspension or revocation of the certificate of
registration. The certificate administrator may establish a specific and reasonable period of time for
the correction of the violation or violations.
C. No notice of violation or time to correct need be given for health and safety violations of this chapter
or violations of criminal law. observed by peace officers in the course of an investigation.
5.16.120160 Display of signs and certificationcertificate of registration.
A. A recognizable and legible sign shall be posted at the main entrance of each certified massage
businessestablishment location identifying the business as such. The owner or operator of each
certified massage businessestablishment location shall display the certificate of registration—
business and the certificate of registration—individual issued to each certified massage
practitionertherapist employed in or providing massage services toat the massage business in an
accessible and conspicuous place on the premises.
5.16.130 Transfer of B. An off-premises massage location is exempt from the requirements of
subsection A of this Section 5.16.160. However, each off-premises massage therapist shall
carry a copy of their certificate of registration—Business.
A certificate of registration—business shall not be transferable except with the written approval-individual,
a copy of the certificate administrator. A written application for such a transfer shall be made to the certificate
administrator. The application for such transfer shall contain the same information as required herein for an
initial application for a certification of registration as set forth in Section 5.16.050. In the event of denial of
such transfer, notification ofof registration-business, and reasons for denial shall be set forth in writing and
shall be sent to the applicant/owner by means of registered or certified mail or delivered in person.
their
5.16.140 Notification of changes.
Every certified massage business owner or operator shall report in writing immediately to the certificate
administrator any and all changes of address or ownership of the certified massage business and any
changes of certified massage practitioners employed in or providing massage services to the massage
business.
5.16.150 Certificate of registration—Individual; nontransferable.
A. It is unlawful to practice massage for any form of consideration as a principal, employee, agent or
otherwise within the city, unless a person has a current and valid certificate of registration issued
pursuant to this chapter and a CATMC identification card. This section does not apply to individuals
specifically exempted pursuant to the provisions of this chapter.
B. The certificate administrator shall issue a certificate of registration—individual to any certified
massage practitioner who demonstrates the following:
Feb. 4, 2025 Item #6 Page 33 of 38
1. A valid and current state certification; and
2. A valid and current CAMTC identification card. and make such copies and identification available for
viewing prior to any client agreeing to or being provided a massage.
C. In the event of a denial of issuance of a certificate of registration—individual, the certificate
administrator will provide notification of and the reasons for denial shall be set forth in writing and shall
either be hand delivered to the applicant or sent by registered or certified mail. The applicant shall, at
the applicant’s election, have the right to receive a hearing as set forth in Section 5.16.200. If such a
hearing is not requested within 10 calendar days of the notice of denial by the certificate administrator,
the denial shall be final. A request for hearing is deemed timely if the certificate administrator received
said request by close of business on the 10th calendar day.
D. A certificate of registration—individual shall not be transferable.
5.16.170 Advertisement.
Any advertisement, including, but not limited to, business cards, print, television, radio, or electronic
media, for a massage business, including those solely performing off-premises massage, shall include the
number(s) of the state certificates issued to the massage business and all massage therapists who will be
performing the massage or supervising services being advertised.
5.16.160180 Certificate of registration expiration and renewal.
A. Certificates of registration shall be valid for two years from the date of issuance or as extended
pursuant to this chapter.
B. The B. Any person or business that wishes to forfeit their certificate of registration prior to the
date of expiration may do so by providing a request in writing, delivered in person, by mail, or by
email, to the certificate administrator. The certificate administrator shall confirm the forfeiture in
writing, by certified mail and/or email if consent is provided, along with the effective date of the
forfeiture. If the request to forfeit a certificate of registration is made after a notice of revocation has
been issued to the requestor, the registered certificate holder—business may not reapply for a
certificate of registration for a period of one year.
C. The process for a renewal of a certificate of registration shall be the same as the process for a new
certificate of registration, with the exception of the additional requirements in subsections D-F of this
section.
D. The registered certificate holder shall apply to the certificate administrator to renew suchtheir
certificate of registration within 60 days prior to expiration and shall apply to the certificate
administrator to amend the certificate of registration—business within 30 days after any change in
the registration information, including, but not limited to a change in certified massage business
mailing address or the address of the massage premises. The certificate administrator may extend
the certificate of registration one time in a renewal period for up to 90 days for sole proprietors who
provide timely evidence of a renewal application to CAMTC.the certificate’s expiration.
C. The registered certificate holder—individual shall apply to the certificate administrator to renew such
registration within 30 days prior to expiration of the certificate of registration and shall apply to the
certificate administrator to amend the certificate of registration within 30 days after any change in the
registration information, including, but not limited to a change in the mailing or work address. The
certificate administrator may extend the certificate of registration one time during a renewal period for
up to 90 days for individuals who provide timely evidence of a renewal application to CAMTC.
D.E. If a renewal application and all required information for the renewal is not received by the certificate
administrator within 30 days afteron or before the date of expiration, the certificate of registration
shall be deemed expired and no privilege to legally provide massage services in the City of Carlsbad
shall exist. Renewals shall be processed and investigated and the applicant/owner is required to
submit that information which has changed from the last application or renewal.
Feb. 4, 2025 Item #6 Page 34 of 38
E.F. In the event of a denial of a renewal certificate of registration for reasons other than the
applicant/owner’s failure to submit a complete renewal application with all required information, the
certificate administrator willmust provide notification of anda written notice of denial containing the
reasons for the denial of a certificate of registration. The notice of denial shall be set forth in writing
and shall either be hand delivered to the applicant/owner or, sent by registered or certified mail., or
sent by email if consented to by the applicant/owner. The applicant/owner shall, at the
applicant/owner’s election, have the right to receive a hearing as set forth in Section
5.16.200. 5.16.210 of this chapter. If such a hearing request is not requested within 10 calendar days
of the notice of denial received by the certificate administrator within 10 calendar days of the
issuance date of the notice of denial, the denial shall be final. A request for hearing is deemed timely
if the certificate administrator received said request by close of business on the 10th calendar day.
5.16.170190 Grounds for suspension or revocation of certificate of registration—Business.
A. The certificate administrator may suspend or revoke a certificate of registration issued to a certified
massage business or, certified sole proprietorship, or an individual upon any of the following
grounds:
A1. A registered cerƟficate holder is no longer in possession of a current and valid state cerƟficaƟon.
B. A noncertified owner, operator, corporation, or partner who owns five percent or more of the
massage business has been convicted of a crime that would have caused denial of the certificate
of registration.
C2. A registered certificate holder has made a material misrepresentation on the application for a
certificate of registration or renewal.
D. The3. A registered certificate holder has engaged in conduct or operated the certified
massage business or as a certified massage practitioner in a manner which violates any of the
provisions of this chapter, any conditions of the certificationcertificate of registration, or any of
the laws which would have been grounds for denial of the certificationcertificate of registration.
E4. The registered certificate holder employs or uses noncertified massage technicians to perform
massage services.
F.5. Violations of this chapter or of California Business and Professions Code Sections 4600, and
followingthe Massage Therapy Act, as it may be amended, have occurred onat the massage
business establishment location(s) or an off-premises massage location.
G. The registered certificate holder has failed to comply with one or more of the health and safety
requirements under this chapter.
H6. The registered certificate holder has engaged in fraud, misrepresentation, or false statements in
obtaining or maintaining a certificate of registration.
5.16.180 Grounds for suspension or revocation of certificate of registration—Individual.
The certificate administrator may suspend or revoke a certificate of registration issued to an individual upon
any of the following grounds:
A. Registered certificate holder—individual is no longer in possession of a current and valid state
certification or CAMTC identification card;
B. The registered certificate holder—individual has engaged in fraud, misrepresentation, or false
statements in obtaining or maintaining a certificate of registration.
7. Discovery that the massage establishment or any massage therapists employed at or providing
services at the massage establishment were actually disqualified from applying for a certificate
of registration based on any of the factors set forth in Section 5.16.090(C) of this chapter.
Feb. 4, 2025 Item #6 Page 35 of 38
B. An individual identified as an owner or operator of a massage business that has had a certificate of
registration revoked may not serve as an owner, operator, or employee of a massage business in the
city, nor be on the premises of any massage business for one year after the certificate of registration
is revoked.
5.16.190 Suspension or revocation200 Revocation of certificate of registration.
In the event thatIf the certificate administrator determines that any of the grounds identified in Section
5.16.170 or 5.16.180 exists 5.16.190 exist for the suspension of revocation of a certificationcertificate of
registration, the certificate administrator shall notify the registered certificate holder in writing of the
intended action and intent to revoke the certificate of registration, the reasons thereforfor the revocation,
and of the right to request a hearing in regard thereto.prior to the revocation. The written notice shall be
hand-delivered to the applicant/owner, sent by certified mail, or sent by email if consented to by the
applicant/owner. The action indicated in the written notice shall be final unless the registered certificate
holder files a written request for hearing with the certificate administrator which is received by the
certificate administrator within 1410 calendar days of the date of the notice. Aissuance of the notice of
intent to revoke. The written request for a hearing may be hand-delivered, mailed, or emailed and is
deemed timely if“filed” when received by the certificate administrator received said. If the request by close
of business on the 14th calendar day. If the request forfor a hearing is timely received, the certificate
administrator shall proceed in accord with Section 5.16.200. 5.16.210 of this chapter.
5.16.200210 Hearing.
A. Any person who has been denied a certificate of registration, for reasons other than submitting an
incomplete certificate of registration application or renewal, by the certificate administrator or any
registered certificate holder who has received a notice of intent to suspend or revoke a certificate of
registration, may request a hearing on or before 10 calendar days of the issuance of the denial or the
notice of intent to revoke.
A.B. Upon receipt of a timely written request for hearing, the certificate administrator shall schedule a
hearing and shall set forthwithin 10 and 20 calendar days. The certificate administrator shall provide
a notice of the hearing in writing and send to the applicant or registered certificate holder, by means
of registered mail, certified mail or, hand -delivery, notice that within a period of not less than five
days nor more than 14 days from the date of or email if consented to by the posting of
theapplicant/owner or registered certificate holder. The notice, of hearing shall state that a hearing
shall be conducted to determine the existence of any facts which constitute grounds for denial,
suspension or revocation of a certificate of registration. The notice shall also include the date, time,
and place of the hearing.
BC. The hearing shall be conducted by aan administrative hearing officer appointed bypursuant to the city
manager.
C. The applicant/owner or registered certificate holder may have the assistance of counsel or may
appear by counsel and shall have the right to present evidence. The hearing need not be conducted
according to the rules of evidence. Any relevant evidence may be admitted and considered by the
hearing officer if it is the sort of evidence on which responsible persons are accustomed to
relyprocedures in the conduct of serious affairs. Objections to evidence shall be noted and a ruling
given by the hearing officer.Carlsbad Municipal Code Chapter 1.10, Article III.
D. In the event that the applicant/owner, registered certificate holder, or counsel for the applicant/owner
or registered certificate holder fails to appear at the hearing, the evidence of the existence of facts
which constitute grounds for denial, suspension or revocation of the certificate of registration shall be
considered unrebutted.
E. Notice of the decision shall be given in the same manner as for the hearing and shall specify findings
of fact and the reasons for the decision. The hearing officer shall inform the party against whom the
decision is rendered of his or her right totheir appeal to the city councilrights pursuant to Chapter
1.10 of this chapter. code.
Feb. 4, 2025 Item #6 Page 36 of 38
5.16.210 Appeal.
Within 10 days after receipt of the decision of the hearing officer, any party affected by the decision may file
with the city clerk a written request for a public hearing before the city manager. Upon the filing of such a
request, the city clerk shall, within 14 days thereafter, set the matter for a hearing and shall notify the
appellant of the date, time and place of such hearing at least five days before the hearing date. At the
hearing, any person may present relevant evidence in opposition to, or in support of, appellant’s case. At
the conclusion of the hearing, the city manager shall either grant or deny the appeal, and the decision of
the city manager shall be final.
5.16.220 Reapplication after denial.
No reapplication for a certificate of registration will be accepted within one year after an application or
renewal is denied or a certificate of registration is revoked, provided that, if a certificate of registration—
business is denied for the sole reason that a certified massage practitioner does not possess the required
state certification, reapplication may occur when the required certification is obtained.
5.16.230 Public nuisance.
A certified massage business operated, conducted, or maintained contrary to the provisions of this
chapter shall be unlawful and a public nuisance, and the city attorneyCity Attorney may in the exercise of
discretion, in addition to or in lieu of prosecuting a criminal action hereunderunder this chapter,
commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment
thereofof the public nuisance, in a manner provided by law.
5.16.240230 Violations, penalties.
A. Unless otherwise exempted by the provisions of this chapter, every person, whether acting as an
individual, owner, employee of the owner, operator, or employee of the operator or whether acting as
a mere helper for the owner, employee, or operator, or whether acting as a participant or worker in
any way, who gives massages or conducts a massage business, or who, in connection with the
business, gives or administers, or practices the giving or administering of, massages or baths or any
of the services defined in this chapter, without first obtaining state certification and a city certificate of
registration, or who violates any provision of this chapter, shall be guilty ofcharged with an infraction
or misdemeanor at the discretion of the City Attorney, punishable as provided in Section
1.08.010( 1.08.010(B).) of this code.
B. Any owner, licensee, manager, or registered certificate holder in charge or in control of a massage
business or certified massage business or certified sole proprietorship who knowingly employs a
person who is not in possession of a valid, unrevoked certificate of registration, or who allows such
persons to perform, operate, or practice within a massage business, shall be guilty ofcharged with an
infraction or misdemeanor at the discretion of the City Attorney, punishable as provided in Section
1.08.010( 1.08.010(B). ) of this code.
5.16.250 Interpretation240 Rules of construction.
This chapter shall be construed liberally in favor of regulation as determined if necessary and appropriate
by the city managerCity Manager for the public protection and welfare and in order to accomplish its
purpose and intent.
5.16.260 Constitutionality250 Severability.
If any section, subsection, sentence, clause or phraseportion of this chapter, or its application to particular
persons or circumstances is for any reason held to be invalid, such or unconstitutional by a final decision
shallof a court of competent jurisdiction, the decision will not affect the validity of the remaining portions of
this chapter. The city council declares that it would have adopted the chapter and each section,
subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections,
Feb. 4, 2025 Item #6 Page 37 of 38
subsections, sentences, clauses to persons or phrases be declared invalid. circumstances not similarly
situated.
Feb. 4, 2025 Item #6 Page 38 of 38
Jeffery Smith, Police Captain
February 04, 2025
Item #6
Amendment to Carlsbad Municipal Code
Chapter 5.16- Massage Services
{ City of
Carlsbad
PROPOSED ACTION
Introduce an ordinance amending Carlsbad
Municipal Code Chapter 5.16-Massage Services
ITEM 6: : Municipal Code Amendment 5.16
1
( City of
Carlsbad
OVERVIEW OF CHAPTER 5.16 OF THE
CARLSBAD MUNICIPAL CODE
•Supplements existing state regulations for massage
therapists.
•Establishes local standards for massage businesses and
massage therapists.
•Intended to ensure public health, safety and welfare.
ITEM 6: : Municipal Code Amendment 5.16
2
{ City of
Carlsbad
REQUIREMENTS FOR OPERATION
•Certified by the California Massage Therapy Council
(CAMTC).
•City-issued certificate for Massage Businesses and
Massage Therapists.
•Follow health and safety standards and operating hours.
•Last amendment to the ordinance was in 2013.
ITEM 6: : Municipal Code Amendment 5.16
3
( City of
Carlsbad
INTENTION OF CHANGES
•Streamline the licensing process.
•Detect and deter unauthorized businesses and
therapists at the application phase.
•Improve accountability.
•Allow off-premises massages at approved locations.
ITEM 6: : Municipal Code Amendment 5.16
4
( City of
Carlsbad
PROPOSED CHANGES
Section 5.16.020
•Defines off-premise massage.
•Defines an off-premise massage location, such as a
residence or workplace.
ITEM 6: : Municipal Code Amendment 5.16
5
( City of
Carlsbad
PROPOSED CHANGES
Section 5.16.080
•New language to require a receipt of a certificate to be in person.
•Requirement for the issuance of a business certificate.
•Requirement to advise the address where services are performed.
•No requirement for zoning consistency verification solely for off-premises massage services.
ITEM 6: : Municipal Code Amendment 5.16
6
( City of
Carlsbad
PROPOSED CHANGES
Section 5.16.090
•Language establishing the Police Department to oversee applications and enforcement.
•Preventing any applicant or owner from being granted a
registration certificate if a background check shows the applicant was a sex registrant within the last 10 years.
•Places a 1-year or 5-year application bar on any applicant for various reasons described in the ordinance.
ITEM 6: : Municipal Code Amendment 5.16
7
{ City of
Carlsbad
PROPOSED CHANGES
Section 5.16.120
•Prohibition of transfers
Section 5.16.130
•Requires massage businesses and therapists to notify the police department of changes to application.
•Provide a new or amended certificate with reported changes to the applicant.
ITEM 6: : Municipal Code Amendment 5.16
8
( City of
Carlsbad
PROPOSED CHANGES
Section 5.16.140
•Operation of hours for on-premise 7 a.m. to 10 p.m.
•Operation of hours for off-premise 6 a.m. to 10 p.m.
Section 5.16.210
•Establishes the Police Department to schedule a hearing within 10 to 20 calendar days after a request for a hearing.
ITEM 6: Municipal Code Amendment 5.16
9
{ City of
Carlsbad
•Amending Chapter 5.16 of the Carlsbad
Municipal Code has no fiscal impact.
•PD will continue as the primary city
dept. for administration and
enforcement.
ITEM 6: Municipal Code Amendment 5.16
FISCAL ANALYSIS
10
{city of
Carlsbad
Introduce an ordinance amending
Carlsbad Municipal Code Chapter 5.16-
Massage Services with the proposed
changes.
ITEM 6: Municipal Code Amendment 5.16
RECOMMENDATION
11
( City of
Carlsbad
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting ofthe Carlsbad City Council on the 4th
day of February 2025, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ___ _, 2025, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CINDIE K. McMAHON, City Attorney
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)