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Home My WebLink About2026-06-16; City Council; CS-516; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 5.16 MASSAGE SERVICESExhibit 1 ORDINANCE NO. CS-516. 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CODE CHAPTER 5.16 MASSAGE SERVICES WHEREAS, on December 3, 2013, the City Council of the City of Carlsbad, California repealed and replaced Carlsbad Municipal Code Chapter 5.16 Massage Services to comply with Division 2, Chapter 10.5 of the California Business & Professions Code (“The Massage Therapy Act”); and WHEREAS, on February 11, 2025, the City Council amended Chapter 5.16 to allow for off- premises massage services and to remove other ambiguities in the code and provide better tools for enforcement; and WHEREAS, the City Council has determined that amendments to Chapter 5.16 are necessary to strengthen oversight of massage businesses by improving the city’s ability to identify unauthorized massage businesses and therapists during the application process and increase accountability for massage business operators and property owners; and WHEREAS, the City Council has also determined that cleanup amendments to Chapter 5.16 are necessary to align this local law with the Massage Therapy Act. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1. That the above recitations are true and correct. 2. That the proposed action to amend Carlsbad Municipal Code Chapter 5.16 to strengthen oversight of massage businesses by improving the city’s ability to identify unauthorized massage businesses and therapists during the application process and increase accountability for massage business operators and property owners is exempt from environmental review under California Environmental Quality Act Guidelines Sections 15061(b)(3) and 15378(b)(5) as it can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment. 3. That Carlsbad Municipal Code Chapter 5.16 is amended to read as follows: June 16, 2026 Item #5 Page 3 of 21 Docusign Envelope ID: 79AD771E-BD4D-81E1-81FF-9E4EC21D09D0 Chapter 5.16 MASSAGE REGULATIONS 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. 5.16.060 Reserved. 5.16.070 Reserved. 5.16.080 Application for certiﬁcate of registration. 5.16.090 Certiﬁcate of registration issuance, denial. 5.16.100 Fees. 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 massages, 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. June 16, 2026 Item #5 Page 4 of 21 Docusign Envelope ID: 79AD771E-BD4D-81E1-81FF-9E4EC21D09D0 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 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 the 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 or sole proprietor upon submission of required evidence indicating they have satisﬁed all requirements of this chapter. “Certificate of registration” 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 and city certifications and has satisfied all other requirements of this chapter. “Certified massage business” means any massage business where the only persons offering or providing massages have current and valid state certifications and the business has satisﬁed all other requirements of this chapter. Compliance with this chapter does not substitute for or excuse compliance under any other provision of this code applicable to the massage business. “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 offering or providing massages and the owner has a current and valid unconditional state certification. “City” means the City of Carlsbad. “Massage” or “massages” means the scientiﬁc manipulation of soft tissues 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 June 16, 2026 Item #5 Page 5 of 21 Docusign Envelope ID: 79AD771E-BD4D-81E1-81FF-9E4EC21D09D0 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 oﬀers or provides massages, including oﬀ-premises massages, to patrons for monetary compensation or other consideration. “Massage establishment location” means the physical address location or building where a massage is oﬀered or provided. “Massage therapist” means a person who oﬀers or provides massages 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 oﬀered or provided. “Owner” or “operator” means any and all owners of a massage business including but not limited to 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. "Person" means a natural person, firm, association, business, trust, organization, corporation, partnership, company, or other entity, which is recognized by law as the subject of rights or duties. “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 the 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 this chapter and applicable law in connection with the issuance of a certificate of registration. The certificate administrator may designate employees to make decisions, conduct investigations, and take actions under this chapter. June 16, 2026 Item #5 Page 6 of 21 Docusign Envelope ID: 79AD771E-BD4D-81E1-81FF-9E4EC21D09D0 5.16.040 State certification and city certificate of registration required. A. It is unlawful for a person to oﬀer, 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 offer, provide, or allow any form of massage to be administered unless all massage therapists, 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 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 oﬀer or administer massage or function as a certiﬁed massage therapist, unless a current and valid certiﬁcate of registration has been issued to the massage establishment or oﬀ-premises massage business pursuant to this chapter. 5.16.050 Exemptions from requirement for certiﬁcate of registration. 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 massages shall obtain state certification in conformance with this chapter. Hotels and motels that offer or provide massages and any massage therapist working in a hotel or motel are not included in this exemption and must June 16, 2026 Item #5 Page 7 of 21 Docusign Envelope ID: 79AD771E-BD4D-81E1-81FF-9E4EC21D09D0 obtain a certificate of registration and state certification in conformance with this chapter. 5.16.060 Reserved. 5.16.070 Reserved. 5.16.080 Application for certificate of registration. A certificate of registration application shall be filed on forms provided by the certificate administrator, submitted under penalty of perjury and shall contain all of the following: 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 for it. f. Fingerprints, subject to a fee to cover actual costs, to submit to the California Department of Justice and the Federal Bureau of Investigations through Live Scan 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: June 16, 2026 Item #5 Page 8 of 21 Docusign Envelope ID: 79AD771E-BD4D-81E1-81FF-9E4EC21D09D0 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 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 massages 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 types or techniques to be offered or 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. A copy of all lease and rental agreements for the location where the massage business will operate. This requirement does not apply to an off-premises massage business. 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. The applicant shall also furnish a copy of its articles of incorporation and statement of information as filed with the Secretary of State. June 16, 2026 Item #5 Page 9 of 21 Docusign Envelope ID: 79AD771E-BD4D-81E1-81FF-9E4EC21D09D0 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 massage establishment’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 certificate administrator shall conduct a state and federal background check of that owner, operator, corporation, or partner, which shall include the information requested in paragraphs (A)(3) 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 requirement of this subdivision. D. Copies of the following documents for all massage therapists who will oﬀer or provide massages at the establishment: Valid and current CAMTC certificate, valid and current CAMTC identification card, and valid and current government-issued photo identification that matches each massage therapist’s state certification and CAMTC identification card. All documents must be submitted prior to the massage establishment’s certiﬁcate of registration 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 oﬀers or 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 June 16, 2026 Item #5 Page 10 of 21 Docusign Envelope ID: 79AD771E-BD4D-81E1-81FF-9E4EC21D09D0 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 this code. No zoning consistency veriﬁcation is required for a massage business that solely oﬀers or 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. I. Payment of an application fee as provided in the city’s Master Fee Schedule, in addition to any fees required by 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 applicant/owner authorized by this chapter shows that such person has, within 10 years preceding the application date, 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 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 for five years following the effective date of the determination the misrepresentation was made. b. Evidence that an applicant has had an individual or business massage permit or license with any agency, board, city, county, territory, or state June 16, 2026 Item #5 Page 11 of 21 Docusign Envelope ID: 79AD771E-BD4D-81E1-81FF-9E4EC21D09D0 denied, revoked, restricted, or suspended within the last five years may result in denial of a certificate of registration. c. Upon revocation of a certificate of registration, no certificate of registration may be issued to the registered certificate holder, or to another applicant for a massage business at the same massage establishment location, for a period of five years from the effective date of the revocation. d. Upon revocation of a certificate of registration, the registered certificate holder may not serve as an owner, operator, employee, or independent contractor of a massage business in the city, nor be present on the premises of any massage business, for five years from the effective date of the revocation. 3. 1-year bar. A certificate of registration will be denied if any massage therapist, 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. Received a notice or final adjudication of a violation of this chapter, or any ordinance, law, rule, or regulation related to massage. b. Failed to correct massage-related violations within the specified compliance period. c. Received a notice of revocation or administrative notice issued pursuant to this chapter, while any appeal of the revocation or notice is pending. d. Outstanding code violations or fines issued pursuant to this 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. 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 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 is denied based on Subsection (C)(3) of this Section 5.16.090, the massage establishment may cure the application by removing the disqualifying massage therapist(s). The owner-applicant must comply with June 16, 2026 Item #5 Page 12 of 21 Docusign Envelope ID: 79AD771E-BD4D-81E1-81FF-9E4EC21D09D0 Section 5.16.130 of this chapter if the application is later modified to add the previously disqualified massage therapist as an employee or independent contractor. 5.16.100 Fees. The City Council may impose by resolution a nonrefundable fee to reimburse the city for its reasonable and necessary costs in receiving, processing, reviewing, and inspecting applications and appeals for a certificate of registration. This fee shall be in addition to the business license fees and taxes required by Chapter 5.08 of this code. 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 massages in the city. However, a certified massage therapist who offers or provides massages at a certified massage business is not required to obtain their own city business license. 5.16.120 Transferability of certiﬁcate of registration. A certificate of registration is not 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 ﬁve 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 oﬀering or providing massages 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 massage establishments 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. June 16, 2026 Item #5 Page 13 of 21 Docusign Envelope ID: 79AD771E-BD4D-81E1-81FF-9E4EC21D09D0 5. Dressing and locker facilities shall be provided for patrons, including security deposit facilities for the protection of valuables. 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 persons operating, employed at, retained by, or offering or providing massages at the massage business shall be required to enter and exit through the front. 7. No owner, operator, massage therapist, employee, or independent contractor of the massage business shall lock any interior door or doors leading to a room used to offer or provide a massage when the massage is being performed. A patron may lock any door when alone in a room at any time. 8. The door to the main entrance of the premises of a massage establishment shall be unlocked during business hours unless the business is owned by one individual with one or no employees or independent contractors. 9. No massage establishment 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 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. 11. 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. June 16, 2026 Item #5 Page 14 of 21 Docusign Envelope ID: 79AD771E-BD4D-81E1-81FF-9E4EC21D09D0 2. Disease prevention. 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. Prohibited massage areas. 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 owner or operator of a massage business to allow or permit such massage. 4. Clothing. 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 owner or 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, easily 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 types or techniques offered. a. Massage establishment location. 1. A list of all massage types or techniques offered and their cost 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 types or techniques shall be described in English and may also be described in other languages. 3. No massage business owner or operator shall permit, and no person employed or retained by the massage business, or any other person offering or providing massages at the massage business, shall offer to perform any massage or collect fees other than those posted. b. Off-premises massage. An off-premises massage business shall maintain a list of massage types or techniques available and their cost 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. Massage Log. An owner or operator must maintain a record of massage types or techniques provided for each treatment. The record of treatment shall include the name and address of the patron, the name of the massage therapist, June 16, 2026 Item #5 Page 15 of 21 Docusign Envelope ID: 79AD771E-BD4D-81E1-81FF-9E4EC21D09D0 the name of the owner or operator present, the massage type or technique provided or used, and the time the massage began and ended. Such records shall be maintained on the premises of the massage establishment for at least two years and shall be immediately available for inspection and copying by city enforcement officers during business hours. 8. No Drugs or Alcohol. The sale, service, or consumption of an alcoholic beverage, any marijuana product, or any other controlled substance at a massage establishment, or in connection with the performance of a massage, is prohibited. 9. No Audio or Video Recording. Audio and/or video recording of, or the monitoring of, the patron or the massage therapist is prohibited without the prior written consent of the patron. 10. No Adult-Oriented Merchandise. The display, use or possession of any adult- oriented merchandise, including but not limited to sex toys and condoms, is prohibited in any part of a massage business. 11. Non-patrons. Non-patrons are only 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. 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. 12. Early warning device prohibited. The presence of any device which can be utilized as an early warning system, to alert the employees, independent contractors, owner, or operator of a massage establishment to the presence of enforcement officers 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. 13. Off-premises massage. No massage therapist shall offer or 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. June 16, 2026 Item #5 Page 16 of 21 Docusign Envelope ID: 79AD771E-BD4D-81E1-81FF-9E4EC21D09D0 A. Any enforcement oﬃcer, as deﬁned in Chapter 1.10 of this code, shall have the right to enter a massage establishment location during regular business hours, prior to the issuance of a certificate of registration 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 cited by peace oﬃcers. 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 and a copy of the CAMTC certiﬁcate issued to each certiﬁed massage therapist employed, retained, oﬀering, or providing massages 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 owner/operator operating as a massage therapist shall carry a copy of their business’s certiﬁcate of registration. All other oﬀ-premises massage therapists shall carry a copy of their CAMTC identiﬁcation card and make such copies and identiﬁcation available for viewing prior to any client agreeing to or being oﬀered or 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. A certificate 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 June 16, 2026 Item #5 Page 17 of 21 Docusign Envelope ID: 79AD771E-BD4D-81E1-81FF-9E4EC21D09D0 to the requestor, the registered certiﬁcate holder may not reapply for a certiﬁcate of registration for a period of ﬁve years after the forfeiture or the revocation becomes eﬀective, whichever comes ﬁrst. C. The process for 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 no later than 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 oﬀer or provide massages 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. 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 from the issuance date of the notice of denial, the denial shall be final. 5.16.190 Grounds for revocation of certificate of registration. The certificate administrator may revoke a certificate of registration for any of the following: A. A registered certificate holder is no longer in possession of a current and valid state certification. 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. C. A registered certificate holder has made a material misrepresentation on the application for a certificate of registration or renewal. D. 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. E. The registered certificate holder employs or uses non-CAMTC certified massage technicians to perform massages. F. 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. June 16, 2026 Item #5 Page 18 of 21 Docusign Envelope ID: 79AD771E-BD4D-81E1-81FF-9E4EC21D09D0 G. The registered certificate holder has engaged in fraud, misrepresentation, or false statements in obtaining or maintaining a certificate of registration. H. Discovery that the massage establishment was 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. 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 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 to 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 Chapter 1.10, Article III of this code. 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 June 16, 2026 Item #5 Page 19 of 21 Docusign Envelope ID: 79AD771E-BD4D-81E1-81FF-9E4EC21D09D0 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 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. Unless otherwise exempted by the provisions of this chapter, every person, whether acting as an individual, owner, operator, employee, independent contractor, mere helper, or 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. 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. June 16, 2026 Item #5 Page 20 of 21 Docusign Envelope ID: 79AD771E-BD4D-81E1-81FF-9E4EC21D09D0 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 9th day of June, 2026, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 16th day of June, 2026, by the following vote, to wit: AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin. NAYS: None. ABSTAIN None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: _________________________________ CINDIE K. McMAHON, City Attorney _______________________________________ KEITH BLACKBURN, Mayor _______________________________________ SHERRY FREISINGER, City Clerk (SEAL) June 16, 2026 Item #5 Page 21 of 21 Docusign Envelope ID: 79AD771E-BD4D-81E1-81FF-9E4EC21D09D0