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HomeMy WebLinkAbout2025-02-11; City Council; CS-486; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 5.16 MASSAGE SERVICESORDINANCE NO. CS-486 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CODE CHAPTER 5.16 MASSAGE SERVICES WHEREAS, on December 3, 2013, the City Council of the City of Carlsbad, California repealed and replaced Carlsbad Municipal Code Chapter 5.16 Massage Services to comply with Division 2, Chapter 10.5 of the California Business & Professions Code; and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: Sections: 5.16.010 5.16.020 5.16.030 5.16.040 5.16.050 5.16.060 5.16.070 5.16.080 5.16.090 5.16.100 5.16.110 5.16.120 5.16.130 5.16.140 5.16.150 5.16.160 5.16.170 5.16.180 5.16.190 5.16.200 5.16.210 5.16.220 5.16.230 5.16.240 5.16.250 Purpose and intent. Definitions. Certificate administrator. Chapter 5.16 MASSAGE SERVICES* State certification and city certificate of registration required. Exemptions from requirement for certificate of registration-business and individual. Compliance period. Application for certificate of registration--individual. Application for certificate of registration-business. Certificate of registration issuance, denial. Registration fee. City business license. Transferability of certificate of registration. Notification of changes. Health and safety requirements. Inspection by city officials and notices of violation. Display of signs and certificate of registration. Advertisement. Certificate of registration expiration and renewal. Grounds for revocation of certificate of registration. Revocation of certificate of registration. Hearing. Public nuisance. Violations, penalties. Rules of construction. 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 Cal ifornia 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. "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, knead ing, 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. "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 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 reg istration-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 applicanUowner 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 applicanUowners 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 applicanUowner who is not state certified and who owns or will own five percent or more of the massage business: a. Acceptable proof that the applicanUowner 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 applicanUowner 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). 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 Californ ia Penal Code Sections 11225-11235 (red light abatement law). v. Convictions in any other state of any offense which, if committed or attempted in th is 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 res idence addresses of each of the partners, includ ing 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 massage business or other like business owned or operated by any person who is subject to the background check requ irement of this subdivision. D. Copies of all massage therapists' duly issued certificates of registration-i ndividual 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 applicanUowner, 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 applicanUowner 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 applicanUowner 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 preced ing 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. 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. 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 adm inistered . 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. 2. No person afflicted with an infection or parasitic infestation transmissible to a patron shall knowingly provide massage to a patron, or rema in 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. It is unlawful for any massage business or massage therapist to provide a massage between 10:00 p.m. and 6:00 a.m. b. The hours of operation of any massage establishment shall be displayed in a conspicuous place, visible from outside of the massage establishment location. c. Patrons and visitors shall be permitted in or at a massage establishment location only during hours of operation. 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. 9. No massage establishment location located in a bu ilding 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 1.1 0 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 requester, the registered certificate holder 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 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 den ial 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 val id 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 reg istration . 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 bus iness 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 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 den ied 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 1 0 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 with in 1 0 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 Ill. 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 re ndered of their appeal rights pursuant to Chapter 1.1 0 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 ind ividual, 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 .01 0(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 1.08.01 0(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. If any portion of this chapter, or its application to particular persons or circumstances is held to be invalid or unconstitutional by a final decision of a court of competent jurisdiction, the decision will not affect the validity of the remaining portions of this chapter to persons or circumstances not similarly situated. 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 11th day of February 2025, by the following vote, to wit: AYES: NAYS: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin . None. ABSTAIN: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: ~ !:-~/(_ CINDIE K. McMAHON, City Attorney KEITH BLACKBURN, Mayor \ )~-Rrl~v'-J k,t_SHERRY FREISINGER, City Clerk U-(SEAL)