HomeMy WebLinkAbout2013-07-23; City Council; 21315; Ordinance Repeal Municipal Code Massage ServicesCITY OF CARLSBAD - AGENDA BILL 15
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MTG.
DEPT.
21,315
7-23-13
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AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA,
REPEALING EXISTING CARLSBAD MUNICIPAL
CODE CHAPTER 5.16, AND ENACTING NEW
CHAPTER 5.16 REGULATING MASSAGE
SERVICES
DEPT. HEAD
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Introduce Ordinance No. cs-220 of the City Council of the City of Cartsbad,
California, repealing tlie existing Chapter 5.16 ofthe Cartsbad Municipal Code entitled
(Massage Business, Massage Technicians and Holistic Health Practitioners) and enacting a
new Chapter 5.16 entitled (Massage Services)
ITEM EXPLANATION:
In 2010 the City amended Section 5.l6Y)f the CJrIsb'ad Miffhiclpal Code to bnng it Into
compliance with the provisions of State Sbnate Bill 731 yffich created a voluntary state-
wide licensing scheme for niasscN|e pract\)ners andJl^erapists. These new rules were
codified in Business & ProfepsionsOtode section 46Q)Fet seq. and exempted those who
obtain certificates from the Itate fron\certain locaUregulations of the massage practice.
Since 2010, a nunper of tichnical aild operatiojffal changes have created the need to
further revise and Imend nlmerous sictions o^hapter 5.16. Rather than amend each
section individuallylhe Polick Department, iryconjunction with the City Attorney's Office,
elected to revise thlentire chafi^^r^/a addrps all of the changes at one time.
This pro|:^ed chantie to Chapter 5.16^liminates licensing redundancy by abolishing
local massSqe licen»ig requirements/and relying solely upon the State of California
licensing scnetae forVnassage practitioners and therapists. Police Department staff
believes that it i^iecefesary to nyTke these revisions to provide clearer guidelines for
massage establishmS^t^nd pranitioners regarding licensing and operations, to provide
for the orderly and conSfttent Jegulation 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.
DEPARTMENT CONTACT: Lt. Matt Magro 760-931-2152 Matt.Maaro(5).carlsbadca.qov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED • CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF a WITHDRAWN • OTHER-SEE MINUTES
AMENDED •
FISCAL IMPACT:
No direct fiscal impact Is anticipated as the result of this action. Current licensing fee is
based on the cost of providing the service. Therefore, this action should be cost neutral.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15738,
this action does not constitute a "project" within the meaning of CEQA and therefore, does
not require additional environmental review.
EXHIBITS:
1. Ordinance No. CS-22Q of the City Council of the City of Carlsbad,
California, amending Chapter 5.16 Massage Sen/ices
2. Chapter 5.16 Massage Businesses, Massage Technicians and Holistic Health
Practitioners strikeout/undertlne.
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ORDINANCE NO. CS-220
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, REPEALING EXISTING CARLSBAD
MUNICIPAL CODE CHAPTER 5.16 AND ENACTING NEW
CHAPTER 5.16 REGULATING MASSAGE SERVICES
WHEREAS, the City of Carlsbad currently regulates massage services pursuant to
Chapter 5.16 ofthe Cartsbad Municipal Code through a city licensing process; and
WHEREAS, Division 2, Chapter 10.5 of the California Business & Professions Code
("B&P Code"), as amended, requires that ci^s allow masage services to be provided
without the need for city licenses as \ng as tKe masaige therapists and practitioners
have acquired a state certification on awoluntary basis or that a massage business
employs only state certifiaJ personnelV perfol-m massage; and
WHEREAS,lhe Calilkrnia MassagI Therapy Council (CAMTC), established pursuant
to the B&P Codel has the gbal of el^atlng the standing of massage practitioners and
therapists in thelcommunity by enacting high standards for state certification and
distirignishing legltilnate businesses from those businesses that serve as a front for
prostitution onither ill^al activities; and
WHEREAS, th^H^i^eks to conform its massage regulations to the requirements
of B&P Code Chapter 10.5, as amended, and rather than establish a dual process for
massage services permitted by the city and massage services permitted through state
certification, the city will require all such persons and businesses providing massage
services in Cartsbad to obtain state certification; and
WHEREAS, establishing one regulatory scheme for massage services will create a
consistent and clear process for applicants and will enable consumers to identify
legitimate massage workers, thus protecting the health, safety, and welfare ofthe city.
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NOW, THEREFORE, the City Council ofthe City of Carisbad ordains as follows that:
SECTION 1: That Chapter 5.16 (Massage Business, Massage Technicians and Holistic
Health Practitioners) ofthe Cartsbad Municipal Code is repealed in its entirety.
SECTION 2: That a new Chapter 5.16 (Massage Services) ofthe Cartsbad Municipal Code is
added to read as follows:
Chapter 5.16 MASSAGE SERVICES
Sections:
5.16.010 Purpose and intent.
5.16.020 Definitions.
5.16.030 Authority.
5.16.040 State Certification and City Certificate of Registration required.
5.16.045 Compliance period.
5.16.050 Certified Massage Business - Certificate of Registration required.
5.16.060 Certified Massage Business - Certificate of Registration issuance.
5.16.070 Registration fee.
5.16.080 City business license.
5.16.090 Exemptions from requirement for Certificate of Registration - Business and
Individual.
5.16.100 Health and Safety requirements.
5.16.110 Inspection by City officials and notices of violation.
5.16.120 Display of signs and Certificates of Registrations.
5.16.130 Transfer of Certificate of Registration - Business.
5.16.140 Notification of changes.
5.16.150 Certificate of Registration - Individual Massage Practitioner; non-transferable.
5.16.160 Certificate of Registration expiration and renewal.
5.16.170 Grounds for suspension or revocation of Certificate of Registration - Business.
5.16.180 Grounds for suspension or revocation of Certificate of Registration -
Individual.
5.16.190 Suspension or revocation of Certificate of Registration.
5.16.200 Hearing.
5.16.210 Appeal.
5.16.220 Reapplication after denial.
5.16.230 Public nuisance.
5.16.240 Violations, penalties.
5.16.250 Interpretation.
5.16.260 Constitutionality.
5.16.010 Purpose and intent.
It is the purpose and intent of the City Council that this chapter relies upon California
Business & Professions Code Chapter 10.5 of Division 2, as it may be amended, to provide
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for the orderiy 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 ofthe city.
5.16.020 Definitions.
For the purpose of this chapter, the following words and phrases shall have the following
meanings:
A. "Applicant" shall mean 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 (5) percent or greater ownership interest
in a massage business whether as an individual, corporate entity, limited partner,
shareholder or sole proprietor.
B. "California Massage Therapy Council" or "CAMTC" means the massage therapy
organization formed pursuant to California Business and Professions Code Section
4600, and following, as amended.
C. "CAMTC Identification Cards" or "Identification Cards" means the cards issued by
CAMTC to a Certified Massage Practitioner.
D. "Certificate of Registration - Business" means a certificate issued by the Permit
Administrator upon submission of satisfactory evidence as required that a
massage business or sole proprietorship employs or uses only certified massage
therapists or practitioners possessing valid and current State Certifications and has
satisfied all other requirements pursuant to the provisions of this chapter.
E. "Certificate of Registration - Individual" means a certificate issued by the Permit
Administrator upon submission of satisfactory evidence that a massage
practitioner or therapist has a valid and current State Certification and has
satisfied all other requirements pursuant to the provisions of this chapter.
F. "Certified Massage Business" means any business where the only persons
employed or used by that business to provide massage services have current and
valid State Certifications.
G. "Certified Massage Practitioner" means any person holding a current and valid
State Certificate issued by the CAMTC (pursuant to California Business and
Professions Code Sections 4600, and following, as amended), whether as a
massage practitioner or massage therapist, as defined therein.
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H. "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.
I. "City" means the City of Cartsbad.
J. "Massage" means any method of treating the external parts of the body for
remedial, health, or hygienic purposes for any form of consideration (whether for
the massage, as part of a membership, as part of other services or a product, or
otherwise) by means of pressure on or friction against, or stroking, kneading,
rubbing, tapping, pounding, or stimulating the external parts ofthe 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.
K. "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 (5) percent or greater ownership interest in a massage business
whether as an individual, corporate entity, limited partner, shareholder or sole
proprietor.
L. "Permit Administrator" means the city manager's designee for promulgating rules,
regulations, and requirements consistent with the provisions of this section and all
other law in connection with the issuance of a Certificate of Registration.
M. "Registered Certificate Holder" means a person or business that has been issued a
Certificate of Registration by the Permit Administrator.
N. "State Certification," "State Certificate," or "State Certified" means a valid and
current certification property issued by CAMTC (pursuant to California Business &
Professions Code Sections 4600, et seq., as amended) to a Certified Massage
Practitioner.
5.16.030 Authority.
The Permit 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 Permit Administrator
may designate an employee to make decisions and investigations and take actions under
this chapter.
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5.16.040 State Certification and City Certificate of Registration required.
A. It is unlawful for any individual to administer massage in exchange for compensation
or consideration of any type within the City unless that individual is a Certified
Massage Practitioner.
B. It is unlawful for any massage business within the City to provide or allow any form of
massage to be administered unless all individuals employed by the massage business
to administer massage, whether as an employee or independent contractor, are
Certified Massage Practitioners.
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 to allow
any person to administer massage or function as a Certified Massage Practitioner,
unless a current and valid Certificate of Registration has been issued for that massage
business pursuant to this chapter.
5.16.045 Compliance period.
A. Within six (6) months of the effective date of this ordinance, any business that is
operating in the City with a current and valid City massage business license and is
otherwise subject to this chapter, shall submit an application for a Certificate of
Registration pursuant to the provisions of this chapter.
B Within six (6) months of the effective date of this ordinance, any person who
possesses a current and valid City license as a holistic health practitioner or massage
technician and is otherwise subject to this chapter, shall submit an application for a
Certificate of Registration pursuant to the provisions of this chapter.
C. Massage businesses, massage technicians and holistic health providers that are
subject to the requirements of this chapter, and that have a current and valid City
massage business license and that have submitted a complete application for
Certificate of Registration in accordance with this chapter may continue to operate
while the Certificate of Registration application is processed.
D. Massage businesses, massage technicians and holistic health providers that are
subject to the requirements of this chapter, and that have a current and valid City
massage business license or a current and valid City massage technician or holistic
health practitioner license, issued pursuant to former Carisbad Municipal Code
sections 5.16.030 or 5.16.190, on the effective date of this ordinance shall be entitled
to receive a prorated refund ofthe City massage license fee for the remaining portion
of the license period. All requests for refunds shall be made in writing within six (6)
months ofthe effective date of this ordinance and will be paid to the licensee within
sixty (60) days ofthe request. All requests for refunds shall be directed to the Permit
Administrator.
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5.16.050 Certified Massage Business - Certificate of Registration required.
A Certificate of Registration application shall be filed on forms provided by the Permit
Administrator, submitted under penalty of perjury and shall contain all of the
following information:
1. State Certification Verification:
a. If a Certified Sole Proprietorship, the Applicant/Owner shall produce a
valid and current State Certification and a valid and current CAMTC
Identification Card.
b. If a Certified Massage Business other than a Certified Sole
Proprietorship, the Applicant/Owners shall produce:
1. A valid and current State Certification; and
2. A valid and current CAMTC Identification Card; and
3. A statement that the Certified Massage Business shall
employ only Certified Massage Practitioners along with
copies of valid and current State Certificates for all
Certified Massage Practitioners employed or who will be
employed by the Massage Business and copies of their
current and valid CAMTC Identification Cards.
c. The Permit Administrator may require the Applicant/Owner of a
Certified Sole Proprietorship or a Certified Massage Business to
produce a valid and California current driver's license and/or
identification card issued by a state governmental agency.
d. The Permit Administrator may require the Certified Massage
Practitioners whom the Applicant/Owner has identified as employees
to personally appear and produce valid and current State Certificates, a
valid and current California driver's license and/or identification card.
e. The following information shall be provided by any Applicant/Owner
who is not State Certified and who owns or will own five (5) percent or
more ofthe massage business:
1. Acceptable proof that the Applicant/Owner is at least
eighteen years of age.
2. Full, true name, and other names used, date of birth and
valid and current California driver's license or
identification card issued by a state governmental
agency.
3. One (1) photograph provided by the applicant. The
photograph must be In color, printed on photo quality
paper, 2x2 inches in size, sized such that the head is
between 1 inch and 1 3/8 inches from the bottom ofthe
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1 chin to the top of the head, taken within the last 6
months to reflect the applicant's current appearance,
taken in front of a plain white or off-white background,
3 and taken in full-face view directly facing the camera.
4. Current address and all previous residence(s) for the
past ten (10) years, including dates at each address.
5. Business, occupation, and employment history for ten
6 (10) years preceding the date of current or proposed
employment, the inclusive dates of same; the name and
7 address of any massage business or other like
establishment owned or operated by any person subject
to the background check including but not limited to
9 history, if any, with any agency, board, city, county,
territory, or state; and dates of issuance, denial,
restriction, revocation, or suspension, and the reasons
^ ^ therefor of any individual or business permit.
6. Fingerprints, subject to a fee to cover actual costs, to
submit to Department of Justice through LiveScan or
.j3 equivalent, and may submit additional fee to cover the
actual costs for subsequent arrest notice for renewal
14 applications, to determine whether the
Applicant/Owner has any ofthe following: 15
1. Convictions for any crime involving conduct which
requires registration under California Penal Code
Section 290 (Sex Offender Registration Act);
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ii. Convictions of violation of California Penal Code
Section 653.23 (supervision of prostitute);
19 iii. Convictions of violation of California Penal Code
Section 647(b) or California Penal Code Section
415(3) where the original charge was for violation of
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22 iv. Convictions of crimes designated in Government
Code Section 51032 (massage - grounds for denial of
23 license), or any crime involving dishonesty, fraud,
deceit, violence or moral turpitude; 24
V. Injunctions for nuisances under Penal Code Section
25 11225-11235 (red light abatement law);
26 vi. Convictions in any other state of any offense which,
if committed or attempted in this state, would have
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23 offenses of this subdivision;
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1 vii. Conspiracy or attempt to commit any such offense
2 described in subsections i-v of this subpart.
2. General Business Information - Applicant/Owner provide all ofthe following:
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a. The full true name under which the massage business will be
4 conducted. The mailing address for the present or proposed massage
business.
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b. The present or proposed address where the massage services will be
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7 c. Complete description of all massage services to be provided.
3 d. The name and address of any massage business or other like business
owned or operated by any person whose name is required to be given
9 pursuant to this section.
10 e. A description of any other business to be operated on the same
premises, or on adjoining premises, owned or controlled by the
'''' Applicant/Owner.
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12 f. 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.
3. Corporate information - Applicant/Owner provide all ofthe following:
a. If the Applicant/Owner is a corporation, the name of the corporation
15 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 (5) percent of
the stock of that corporation, and Its registered agent for receipt of
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19 b. If the Applicant/Owner is a partnership, the application shall set forth
the names and residence address of each of the partners, including
20 limited partners. If the applicant is a limited partnership, it shall furnish
a copy of its certificate of limited partnership as filed with the County
Clerk. If one or more of the partners is a corporation, the provisions of
22 this subsection pertaining to corporate applicants shall apply to the
corporate partner.
c. The Applicant/Owner, corporation or partnership shall designate one
24 of its officers or general partners to act as its responsible managing
officer/employee. Such person shall complete and sign all application
forms required of an individual Applicant under this chapter. The
26 corporation's or partnership's responsible managing officer must, at all
times, meet all of the requirements set by this chapter or the
27 corporation or partnership Certificate of Registration - Business shall be
suspended until a responsible managing officer who meets such
requirements is designated and verified. If no such person is found
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within ninety (90) days, the corporation or partnership's Certificate of
Registration is deemed canceled and a new application for Certificate
of Registration must be filed.
d. If an Applicant/Owner, Operator, corporation, or partner owns 5% 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 Section 5.16.050(A)(l)(e)(6)(i)-(vii) inclusive and the name
and address of any massage business or other like business owned or
operated by any person who is subject to the background check
requirement of this subdivision.
4. Authorization for the City of Cartsbad, its agents and employees, to seek
information and conduct an investigation into the truth ofthe statements
set forth in the application and into the background of the
Applicant/Owner, where authorized by this chapter.
5. 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 ofthe massage business will meet or does meet all applicable
codes and regulations. The certificate of compliance must be submitted
prior to the application approval.
6. Zoning consistency check in writing from City. A zoning consistency check
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.
7. A signed statement that the Applicant/Owner shall be responsible for the
conduct of all employees or independent contractors working on the
massage premises ofthe business and that failure to comply with Cal. Bus.
& Prof. Code § 4600, and following, with any local, state, or federal law, or
with the provisions of this chapter may result in the suspension or
revocation ofthe Certificate of Registration - Business.
8. Payment of a registration fee, if any, as per Section 5.16.070.
B. Upon receipt of the application, the Permit Administrator shall refer the application
for a Certificate of Registration - Business to other City departments for review and
the building official or other designee shall inspect the massage premises, if any,
proposed to be used as a massage business and shall make a written recommendation
to the Permit Administrator concerning compliance with the respective requirements.
C. The Permit Administrator shall have 60 days, after the submission of all required
information, to either issue or deny the application for a Certificate of Registration.
For those applications that are submitted without all the required information, the
Permit Administrator, in his or her sole discretion, may either reject the application
outright or request the Applicant/Owner to submit the missing information by a date
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certain. A rejected application, based on failure to submit all required information,
shall not form the basis for a Hearing Section 5.16.200.
5.16.060 Certified Massage Business - Certificate of Registration issuance.
A. The Permit Administrator shall issue a Certificate of Registration - Business to any
Certified Sole Proprietorship that demonstrates all of the following:
1. That the operation, as proposed, if permitted, complies with all applicable
laws, including, but not limited to, the City's building, zoning, business license,
health regulations, and this chapter.
2. The Owner is a Certified Massage Practitioner and is the same person to whom
the CAMTC issued a valid and current Identification Card.
3. That the Applicant has not made a material misrepresentation in this
application or with respect to any other document or information required by
the City with respect to this application or for an application for a City massage
permit under applicable law within the last five (5) years.
The Permit Administrator shall issue a Certificate of Registration
Certified Massage Business that demonstrates all ofthe following:
Business to a
1. That the operation, as proposed, if permitted, complies with all applicable
laws, including, but not limited to, the city's building, zoning, business license,
health regulations, and this chapter.
2. The Owner is a Certified Massage Practitioner and Is the same person to whom
the CAMTC issued a valid and current Identification Card.
3. The massage business employs or uses only Certified Massage Practitioners
whose State Certifications are valid and current are the same persons to
whom CAMTC issued valid and current Identification Cards.
4. That the Applicant has not made a material misrepresentation in this
application or with respect to any other document or information required by
the City with respect to this application or for an application for a City massage
license under applicable law within the last five (5) years.
5. That the background check for any Applicant/Owner authorized by this
chapter shows that such person has not been required to register under the
provisions of Section 290 of the California Penal Code; within ten (10) years
preceding the application had a conviction in court of competent jurisdiction
for any ofthe crimes identified in Section 5.16.050(A)(l)(e)(6)(i-vii) herein; has
not had an individual or business permit or license with any agency, board,
city, county, territory, or state, denied, revoked, restricted, or suspended
within the last five (5) years; and has not been subject to an injunction for
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nuisance pursuant to Penal Code Sections 11225-11235 within the last ten (10)
years.
In the event of a denial of issuance of a Certificate of Registration - Business, the
Permit Administrator will provide notification of and the reasons for denial shall be
set forth in writing and shall either be hand delivered to the Applicant/Owner or sent
by registered or certified mailed. The Applicant/Owner shall, at the
Applicant/Owner's election, have the right to receive a hearing as set forth in Section
5.16.200. If such a hearing is not requested within ten (10) calendar days of the
notice of denial by the Permit Administrator, the denial shall be final. A request for
hearing is deemed timely if the Permit Administrator received said request by close
of business on the tenth (10th) calendar day.
5.16.070 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 (5) percent or more of the Certified
Massage Business. A registration fee shall not be charged to Certified Massage
Practitioners or as to those State Certified Applicants/Owners applying for a Certificate of
Registration - Business.
5.16.080 City Business License.
All persons shall obtain a business license where required by the City's business license
provisions. The issuance of a Certificate of Registration (Individual or Business) Is a
condition precedent to the granting of such a City business license. Upon the issuance of
a Certificate of Registration pursuant to this chapter, the Applicant/Owner shall apply for
and furnish the information necessary to obtain a City business license as required by the
provisions of this code. No business license shall be issued until the Certificate of
Registration has been issued and the business license fee, as provided in this code, has
been paid. A Certified Massage Practitioner employed by a Certified Massage Business is
not required to obtain a City business license. The business license fee shall be
commensurate with the business license fee charged to other professionals as established
by this code.
5.16.090 Exemptions from requirement for 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.
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B. Barbers, cosmetologists, aestheticians, and manicurists who are duly licensed under
the laws ofthe 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 ofthe customers, and this exception shall not apply
to full body work or full body massage.
C. Hospitals, nursing homes, sanatoriums, or any other health facilities duly licensed by
the State of California.
D. A trainer of any duly constituted athletic team who administers a massage in the
normal course of training duties and when acting within the scope of their
employment.
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 spa, gymnasium, or other similar facility designed or intended for
general physical exercise or conditioning in which the furnishing of massage or
bathing services or facilities is subordinate and Incidental, except that the person
performing massage services shall obtain a State Certification and City Certificate of
Registration in conformance with this chapter.
5.16.100 Health and safety requirements.
All premises of Certified Massage Businesses shall be 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 forty (40) watts shall be provided in
each room where massage is being administered.
2. The walls shall be clean and painted with an approved washable mold resistant
paint in all rooms where water or steam baths are given.
3. Floors shall be free from any accumulation of dust, dirt, or refuse.
4. All equipment used in the massage operation shall be maintained in a clean
and sanitary condition.
5. Dressing and locker facilities shall be provided for patrons. Security deposit
facilities for the protection of the valuables of the patrons shall also be
available.
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6. One front door shall be provided for patron entry to the massage business,
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 business establishment shall be used for or connected
with any bedroom or sleeping quarters. Nor shall any person sleep in such
massage business establishment except for limited periods incidental to and
directly related to a massage.
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 business unless
such business is provided with approved laundry facilities for such 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.
General health and safety regulations:
1. No person afflicted with an infection or parasitic infestation transmissible to a
patron shall knowingly provide massage therapy to a patron, or remain on the
premises of a Certified Massage Business while so Infected or infested.
2. It is unlawful for any Certified Massage Practitioner or other person to
massage the genital area of any patron or the breasts of any female patron or
for any Operator of a massage business to allow or permit such massage.
3. It is unlawful for any Certified Massage Practitioner or other person to be
other than fully clothed in non-transparent 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 prohibited dress.
4. If during the life of a Certificate of Registration, the Applicant/Owner has any
change in information concerning the original application or is different from
what was included in the original application; notification must be made to the
Permit Administrator, in writing, within ten (10) calendar days ofthe change.
5. It is unlawful for any Certified Massage Business or Registered Certificate
Holder to provide a massage between 9:00 p.m. and 9:00 a.m. and the hours
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of operation shall be displayed in a conspicuous public place in the reception
area and in any front window clearly visible from outside of the massage
business. Patrons and visitors shall be permitted in the massage business only
during hours of operation.
6. A list of massage services available and the cost of such services shall be
posted in an open and conspicuous public place on the massage premises. The
massage services shall be described in English and may also be described in
such other languages as the business chooses. No massage business Operator
shall permit, and no person employed or retained by the Certified Massage
Business shall offer to perform, any massage services or fees other than those
posted.
7. It is unlawful for any Certified Massage Business or any Registered Certificate
Holder, Owner, Operator, or responsible managing officer/employee to violate
any requirements of this chapter.
5.16.110 Inspection by City officials and notices of violation.
A. The investigating officials of the City, including the San Diego County Health Official,
shall have the right to enter the massage business premises from time to time during
regular business hours, prior to the issuance of a Certification of Registration -
Business and subsequently, for the purpose of making reasonable inspections to
enforce compliance with this chapter and with building, fire, electrical, plumbing,
and/or health and safety regulations. In the event a Certificate of Registration -
Business has been issued, it may be suspended or revoked in the manner hereinafter
set forth in this chapter.
B. Whenever a City official makes an inspection of a massage business and finds that any
provision of this chapter has been violated, the Permit Administrator shall give notice
of such violation by means of a written notice. Any resulting written notice shall set
forth the specific violation or violations found, and notify the Registered Certificate
Holder that failure to comply with any notice issued in accordance with the provisions
of this chapter may result in the suspension or revocation of the Certification of
Registration. The Registered Certificate Holder may be issued a warning that any
future violation of this chapter may result in suspension or revocation of the
Certificate of Registration. The Permit Administrator may establish a specific and
reasonable period of time for the correction of the violation or violations. No time to
correct need be given for health and safety violations or violations of criminal law.
5.16.120 Display of signs and Certification of Registration.
A recognizable and legible sign shall be posted at the main entrance of each Certified
Massage Business identifying the business as such. The Owner or Operator of each
Certified Massage Business shall display the Certificate of Registration - Business and the
Certificate of Registration - Individual issued to each Certified Massage Practitioner
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employed in or providing massage services to the massage business in an accessible and
conspicuous place on the premises.
5.16.130 Transfer of Certificate of Registration - Business.
A Certificate of Registration - Business shall not be transferable except with the written
approval of the Permit Administrator. A written application for such a transfer shall be
made to the Permit Administrator. The application for such transfer shall contain the
same information as required herein for an initial application for a Certification of
Registration as set forth in Section 5.16.050. In the event of denial of such transfer,
notification of and reasons for denial shall be set forth in writing and shall be sent to the
Applicant/Owner by means of registered or certified mail or delivered in person.
5.16.140 Notification of changes.
Every Certified Massage Business Owner or Operator shall report in writing immediately
to the Permit Administrator any and all changes of address or ownership of the Certified
Massage Business and any changes of Certified Massage Practitioners employed in or
providing massage services to the massage business.
5.16.150 Certificate of Registration - Individual; non-transferable.
A. It Is unlawful to practice massage for any form of consideration as a principal,
employee, agent or otherwise within the City, unless a person has a current and valid
Certificate of Registration issued pursuant to this chapter and a CATMC Identification
Card. This section does not apply to individuals specifically exempted pursuant to the
provisions of this chapter.
B. The Permit Administrator shall issue a Certificate of Registration - Individual to any
Certified Massage Practitioner who demonstrates the following:
1. A valid and current State Certification; and
2. A valid and current CAMTC Identification Card.
C. In the event of a denial of Issuance of a Certificate of Registration - Individual, the
Permit Administrator will provide notification of and the reasons for denial shall be
set forth in writing and shall either be hand delivered to the Applicant or sent by
registered or certified mailed. The Applicant shall, at the Applicant's election, have the
right to receive a hearing as set forth in Section 5.16.200. If such a hearing is not
requested within ten (10) calendar days of the notice of denial by the Permit
Administrator, the denial shall be final. A request for hearing is deemed timely if the
Permit Administrator received said request by close of business on the tenth (10th)
calendar day.
D. A Certificate of Registration - Individual shall not be transferable.
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5.16.160 Certificate of registration expiration and renewal.
A. Certificates of Registration shall be valid for two years from issuance or as extended
pursuant to this chapter.
B. The Registered Certificate Holder - Business shall apply to the Permit Administrator to
renew such registration within sixty (60) days prior to expiration and shall apply to the
Permit Administrator to amend the Certificate of Registration - Business within thirty
(30) days after any change in the registration information, including, but not limited to
a change in Certified Massage Business mailing address or the address ofthe massage
premises. The Permit Administrator may extend the Certificate of Registration one
time in a renewal period for up to ninety (90) days for Sole Proprietors who provide
timely evidence of a renewal application to CAMTC.
C. The Registered Certificate Holder - Individual shall apply to the Permit Administrator
to renew such registration within thirty (30) days prior to expiration of the Certificate
of Registration and shall apply to the Permit Administrator to amend the Certificate of
Registration within thirty (30) days after any change in the registration information,
including, but not limited to a change in the mailing or work address. The Permit
Administrator may extend the Certificate of Registration one time during a renewal
period for up to ninety (90) for individuals who provide timely evidence of a renewal
application to CAMTC.
D. If a renewal application and all required information for the renewal is not received by
the Permit Administrator within thirty (30) days after expiration, the Certificate of
Registration shall be deemed expired and no privilege to provide massage services in
Carisbad shall exist. Renewals shall be processed and investigated and the
Applicant/Owner is required to submit that information which has changed from the
last application or renewal.
E. 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 Permit Administrator will provide notification of and the
reasons for denial shall be set forth in writing and shall either be hand delivered to
the Applicant/Owner or sent by registered or certified mailed. The Applicant/Owner
shall, at the Applicant/Owner's election, have the right to receive a hearing as set
forth in Section 5.16.200. If such a hearing is not requested within ten (10) calendar
days of the notice of denial by the Permit Administrator, the denial shall be final. A
request for hearing is deemed timely if the Permit Administrator received said request
by close of business on the tenth (10th) calendar day.
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5.16.170 Grounds for suspension or revocation of Certificate of Registration -
Business.
The Permit Administrator may suspend or revoke a Certificate of Registration issued to a
Certified Massage Business or Certified Sole Proprietorship upon any of the following
grounds:
A. A Registered Certificate Holder is no longer in possession of a current and valid
State Certification.
B. A non-certified Owner, Operator, corporation, or partner who owns 5% or more
of the massage business has been convicted of a crime that would have caused
denial ofthe Certificate of Registration.
C. A Registered Certificate Holder has made a material misrepresentation on the
application for Certificate of Registration or renewal.
D. The Registered Certificate Holder has engaged in conduct or operated the
Certified Massage Business or as a Certified Massage Practitioner in a manner
which violates any of the provisions of this chapter, any conditions of the
Certification of Registration, or any of the laws which would have been grounds
for denial ofthe Certification of Registration.
E. The Registered Certificate Holder employs or uses non-certified massage
technicians to perform massage services.
F. Violations of this chapter or of Cal. Bus. & Prof. Code sections 4600, and
following, have occurred on the massage business premises.
G. The Registered Certificate Holder has failed to comply with one or more of the
health and safety requirements under this chapter.
H. The Registered Certificate Holder has engaged in fraud, misrepresentation, or
false statements in obtaining or maintaining a Certificate of Registration.
5.16.180 Grounds for suspension or revocation of Certificate of Registration -
Individual.
The Permit Administrator may suspend or revoke a Certificate of Registration issued to an
Individual upon any ofthe following grounds:
A. Registered Certificate Holder - Individual is no longer in possession of a current
and valid State Certification or CAMTC Identification Card;
B. The Registered Certificate Holder - Individual has engaged in fraud,
misrepresentation, or false statements in obtaining or maintaining a Certificate of
Registration.
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5.16.190 Suspension or revocation of Certificate of Registration.
In the event that the Permit Administrator determines that any of the grounds identified
in Section 5.16.170 or 5.16.180 exists for the suspension of revocation of a Certification of
Registration, the Permit Administrator shall notify the Registered Certificate Holder in
writing ofthe intended action and the reasons therefor, and ofthe right to request a
hearing in regard thereto. The action indicated in the written notice shall be final unless
the Registered Certificate Holder files a written request for hearing with the Permit
Administrator which is received by the Permit Administrator within fourteen (14)
calendar days ofthe date ofthe notice. A request for hearing is deemed timely if the
Permit Administrator received said request by close of business on the fourteenth (Mth)
calendar day. If the request for hearing is timely received, the Permit Administrator shall
proceed in accord with Section 5.16.200.
5.16.200 Hearing.
Any person who has been denied a Certificate of Registration, for reasons other than
submitting an incomplete Certificate of Registration application or renewal, by the Permit
Administrator or any Registered Certificate Holder who has received a notice of intent to
suspend or revoke a Certificate of Registration may request a hearing.
A. Upon receipt of a timely written request for hearing, the Permit Administrator shall
schedule a hearing and shall set forth in writing and send to the applicant or
Registered Certificate Holder, by means of registered mail, certified mail or hand
delivery, notice that within a period of not less than five days nor more than fourteen
days from the date of the posting of the notice, a hearing shall be conducted to
determine the existence of any facts which constitute grounds for denial, suspension
or revocation of a Certificate of Registration. The notice shall include the date, time
and place ofthe hearing.
B. The hearing shall be conducted by a hearing officer appointed by the city manager.
C. The Applicant/Owner or Registered Certificate Holder may have the assistance of
counsel or may appear by counsel and shall have the right to present evidence. The
hearing need not be conducted according to the rules of evidence. Any relevant
evidence may be admitted and considered by the hearing officer if it Is the sort of
evidence on which responsible persons are accustomed to rely in the conduct of
serious affairs. Objections to evidence shall be noted and a ruling given by the hearing
officer.
D. In the event that the Applicant/Owner, Registered Certificate Holder or counsel for
Applicant/Owner or Registered Certificate Holder fails to appear at the hearing, the
evidence of the existence of facts which constitute grounds for denial, suspension or
revocation ofthe Certificate of Registration shall be considered un-rebutted.
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E. Notice of the decision shall be given in the same manner as for the hearing and shall
specify findings of fact and the reasons for the decision. The hearing officer shall
inform the party against whom the decision is rendered of his or her right to appeal to
the city council pursuant to this chapter.
5.16.210 Appeal.
Within ten days after receipt of the decision of the hearing officer, any party affected by
the decision may file with the city clerk a written request for a public hearing before the
city council. Upon the filing of such a request, the city clerk shall, within fourteen days
thereafter, set the matter for a hearing and shall notify the appellant of the date, time
and place of such hearing at least five days before the hearing date. At the hearing, any
person may present relevant evidence in opposition to, or in support of, appellant's case.
At the conclusion of the hearing, the city council shall either grant or deny the appeal,
and the decision ofthe city council shall be final.
5.16.220 Reapplication after denial.
No reapplication for a Certificate of Registration will be accepted within one year after an
application or renewal Is denied or a Certificate of Registration is revoked, provided that,
if a Certificate of Registration ~ Business is denied for the sole reason that a Certified
Massage Practitioner does not possess the required state certification, reapplication may
occur when the required certification is obtained.
5.16.230 Public nuisance.
A Certified Massage Business operated, conducted, or maintained contrary to the
provisions of this chapter shall be unlawful and a public nuisance, and the City Attorney
may in the exercise of discretion, in addition to or in lieu of prosecuting a criminal action
hereunder, commence an action or actions, proceeding or proceedings, for the
abatement, removal and enjoinment thereof, in a manner provided by law.
5.16.240 Violations, penalties.
A. Unless otherwise exempted by the provisions of this chapter, every person, whether
acting as an individual. Owner, employee ofthe Owner, Operator, or employee ofthe
Operator or whether acting as a mere helper for the Owner, employee, or Operator,
or whether acting as a participant or worker in any way, who gives massages or
conducts a massage business, or who, in connection with the business, gives or
administers, or practices the giving or administering of, massages or baths or any of
the services defined in this chapter, without first obtaining State Certification and a
city Certificate of Registration, or who violates any provision of this chapter, shall be
guilty of an infraction or misdemeanor punishable as provided in Section 1.08.010(b).
B. Any Owner, licensee, manager, or Registered Certificate Holder in charge or in control
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of a massage business or Certified Massage Business or Certified Sole Proprietorship
who knowingly employs a person who is not in possession of a valid, unrevoked
Certificate of Registration, or who allows such persons to perform, operate, or
practice within a massage business, shall be guilty of an infraction or misdemeanor
punishable as provided in Section 1.08.010(b).
5.16.250 Interpretation.
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.
5.16.260 Constitutionality.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portions of this
chapter. The city council declares that it would have adopted the chapter and each
section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared invalid.
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 Carisbad within
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City
Council on the day of , 2013, and thereafter,
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PASSED AND ADOPTED at a regular meeting ofthe City Council ofthe City of
Carlsbad on the day of , 2013, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
21 Exhibit 1 o?3
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC HEALTH
PRACTITIONERS*SERVICES
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC
HEALTH PRACTITIONERS*SERVICES
Sections:
5.16.010 - Purpose and intent
5.16.020-Definitions
5.16.030 - Massage business license required. Authority
5.16.040 - State Certification and Citv Certificate of Registration reauired
5.16.045 - Compliance period
5.16.050 - License application—Certified Massage business - Certificate of Registration reguired
6.16.055 Change in massage business manager.
5.16.060 - Investigation fee—Certified Massage business - Certificate of Registration issuance
5.16.070 - License investigation—Massage business. Registration fee
5.16.080 - Issuance or denial of license. Citv business license
5.16.085 - Conditional issuance of license.
5.16.090 - Reapplication after denial. Exemptions from reguirements for Certificate of Registration -
Business and Individual
5.16.100 - Massage business facilities. Health and Safetv reguirements
5.16.105 • Massage businesses operating requirements.
5.16.110 - Display of licenses. Inspection bv Citv officials and notices of violation
5.16.120 - Name of business. Displav of signs and Certificates of Registration
5.16.130 - Change of location. Transfer of Certificate of Registration - Business
5.16.140 - Sale or transfer. Notification of changes
5.16.150 - Inspection. Certificate of Registration - Individual Massage Practitioner: non-transferable
5.16.160 - Massagist licenseos to be employed. Certificate of Registration expiration and renewal
5.16.170 - Massages at permitted locations only. Grounds for suspension or revocation of Certificate of
Registration - Business
5.16.180 - Records of treatments. Grounds for suspension or revocation of Certificate of Registration -
Individual
5.16.190 - Massage technician or holistic health practitioner license reguired. Suspension or revocation of
Certificate of Registration
5.16.200-Hearing
5.16.210 - License application—Massage technician and holistic health practitionor. Appeal
5.16.215 Investigation foo—Massage technician and holistic health practitionor.
5.16.220 - License investigation and issuance—Massage technician and holistic health practitionor.
Reapplication after denial
5.16.225 Conditional issuance of license.
EXHIBIT 2 Carisbad, California, Code of Ordinances Page 1
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC HEALTH
PRACTITIONERS*SERVICES
5.16.230 - Reapplication after denial. Public nuisance
5.16.240 - Transfer of license. Violation, penalties
5.16.250 - Possession and posting of license. Interpretation
5.16.255 •• Massage technician and holistic health practitioner operating requirements.
5.16.260 - Suspension or revocation of license. Constitutionality
5.16.270 Hearing.
5.16.280 - Appeal.
5.16.290 Injunctive relief
5.16.300 • Exemptions.
5.16.310 - Violations.
5.16.320—Massage business license fee.
5.16.330 - Massage technician and holistic health practitioner license fee.
5.16.3^0 - Massage technician trainee license.
5.16.350 Massage school license.
5.16.360 - Rules applicable to certificate holders.
5.16.370 • Interpretation.
5.16.380 - Constitutionality.
5.16.010 - Purpose and intent.
It is the purpose and intent of the Citv Council that this chapter relies upon California Business &
Professions Code Chapter 10.5 of Division 2. as it mav be amended, to provide for the orderly and
consistent regulation of the-massage services, to enable consumers to identify legitimate massage
workers and businesses, and additionally to establish minimum health and safetv standards, thus
protecting the public interest, health, safety and welfare of the city, in the city by the adoption of a
licensing procedure for massage businesses, holistic health practitioners, and massage technicians. It is
determined to be necessary to further preserve and protect the health, safety and welfare of the
inhabitants of this city through the enactment of standards of sanitation, professional competence, fire
safety and building construction in regard to massage businesses, holistic health practitioners, and
massage technicians. The business of massage is designated police regulated.
The ordinances codified in this chapter are adopted pursuant to Chapter 6. Part 1. of Division 1 of
Title 5 (Sections 61030 through 5103'1) ofthe California Government Code and other applicable laws.
(Ord. NS-430§ 1 (part), 1997)
(Ord. No. CS-095, § 2, 7-27-2010)
EXHIBIT 2 Carisbad, California, Code of Ordinances Page 2
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC HEALTH
PRACTITIONERS^SERVICES
5.16.020 - Definitions.
For the purpose of this chapter, the following words and phrases shall have the following meanings:
ascribed to them in this section:
A. "Applicant" shall mean 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 (5) percent or
greater ownership interest in a massage business whether as an individual, corporate entity,
limited partner, shareholder or sole proprietor."Massage" means the administration by ony
person of any method or procedure of exerting or applying pressure, friction, moisture, heat or
cold to the extemal parts of the human body by any physical or mechanical means, excepting
such rubbing, stroking, kneading, pounding or tapping of the human body by any physical or
mechanical means and with or without the use of any ointments, liniments, oils, alcohols, or
other substances as may be prohibited by state law. Massage includes practices by holistic
health practitioner or other similar professions or avocations that otherwise meet this definition.
B. "California Massage Therapy Council" or "CAMTC" means the massage therapy organization
formed pursuant to California Business and Professions Code Section 4600. and following, as
amended."Massage business" means any business or operation wherein a masRage jc.
administered or permitted to be administered either separately or in conjunction with the
business of giving any Turkish, Russian, Swedish, vapor, sweat, electric, salt, shower, sponge
or any other kind or character of baths. A business of a holistic health provider or any other
similar professional who includes massage as part of his or her practice is a massage business.
C. "CAMTC Identification Cards" or "Identification Cards" means the cards issued by CAMTC to a
Certified Massage Practitioner."Massaae technician" means any person who has ohtainftd a
massage technician's license pursuant to this chapter.
D. "Certificate of Registration - Business" means a certificate issued by the Permit Administrator
upon submission of satisfactory evidence as reguired that a massage business or sole
proprietorship employs or uses only certified massage therapists or practitioners possessing
valid and current State Certifications and has satisfied all other reguirements pursuant to the
provisions of this chapter."Health officer" means the health officer of thp nnnnty r^r hif.
authorized representative.
E. Certificate of Registration - Individual" means a certificate issued bv the Permit Administrator
upon submission of satisfactory evidence that a massage practitioner or therapist has a valid
and current State Certification and has satisfied all other requirements pursuant to the
provisions of this chapter."Holistic health practitioner" means any perRon who hns nhtalnp.H n
holistic health practitioner's license pursuant to this chapter.
^- "Certified Massage Business" means any business where the only persons employed or used
by that business to provide massage services have current and valid State Certifications.^^-
premises massage" means the activity of providing massage services at a location other than
the premises designated in the license of a massage business pursuant to this chapter.
"Certified Massage Practitioner" means any person holding a current and valid State Certificate
issued bv the CAMTC (pursuant to California Business and Professions Code Sections 4600.
and following, as amended), whether as a massage practitioner or massage therapist, as
defined therein."Recognized school" means any school or institntinn nf Iparning which hac fr>r ite-
purpose the teaching of a course consisting of the theory, ethics and practice, methods,
profession or work of massage in not less than three calendar months, and which school or
institution of learning requires a resident massage technician or holistic health practitioner be
furnished with a diploma or certificate of graduation from such school or institution of learning
showing successful completion of such course of study already approved by the California State
EXHIBIT 2 Carisbad, California, Code of Ordinances Page 3
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOUSTIC HEALTH
PRACTITIONERS*SERVICES
Department of Education or other comparable agoncy in another state. Schools offering
correspondence courses not requiring actual attendance at class shall not be deemed a
recognized school.
H- "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."Specified anatomical areas" mean-c. human
genitals, pubic region, anus, perineum or female breasts below a point immediately above the
top of the areola.
I- "City" means the Citv of Carlsbad."License" means a license obtained from the r.h\r^f nf pr.iin.n
pursuant to the provisions of this chapter.
"Massage" means anv 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) bv means of pressure on or
friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external
parts of the body, with or without the aid of any mechanical or electrical apparatus or
appliances: or with or without supplementary aids, such as rubbing alcohol, liniments,
antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly
used in this practice: or by baths, including but not limited to Turkish. Russian. Swedish.
Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of
batli"Certificate holder" means a person certified pursuant to Business & Professions Code
section 4600, et seq., or a business establishment where only people certified pursuant to
Section 4600 et seq. practice massage.
"Owner" or "Operator" means any and all owners of a massage business including any of the
followinq persons: the managing responsible officer/employee, a general partner, a limited
partner, a shareholder, a sole proprietor, or any person who has a five (5) percent or greater
ownership interest in a massage business whether as an individual, corporate entity, limited
partner, shareholder or sole proprietor.
L "Permit Administrator" means the city manager's designee for promulgating rules, regulations.
and reguirements consistent with the provisions of this section and all other law in connection
with the issuance of a Certificate of Registration.
"Registered Certificate Holder" means a person or business that has been issued a Certificate
of Registration by the Permit Administrator.
"State Certification," "State Certificate," or "State Certified" means a valid and current
certification properly issued by CAMTC (pursuant to California Business & Professions Code
Sections 4600. et see., as amended) to a Certified Massaqe Practitioner.
(Ord. NS-560 § 1, 2000; Ord. NS-430 § 1 (part), 1997)
(Ord. No. CS-095, § 2, 7-27-2010)
5.16.030 - Massage business license roquired.Authoritv
The Permit 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 Permit Administrator mav designate an employee to make decisions and
investigations and take actions under this chapter. No person shall nngnge in" nnndurt r-amy nn nr permit
to be engaged in, conducted, or carried on, in or upon or within any premises in the city a massage
business unless a license for tho operation ef the massage business has been issued to the person by
the chief of police and unless the license remains in effect in conformity with the provisions of this
EXHIBIT 2 Carisbad, California, Code of Ordinances Page 4
N.
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC HEALTH
PRACTmONERS*SERVICES
chapter. Except as provided in Section 5.16.086. any license issued pursuant to this sontinn shall he vnliH
for five years from the date of issuance, unless suspended or revoked.
5.16.040 State Certification and Citv Certificate of Registration required.
A. It is unlawful for anv individual to administer massage in exchange for compensation or
consideration of any type within the City unless that individual is a Certified Massage Practitioner.
B. It is unlawful for any massage business within the City to provide or allow any form of massage to
be administered unless all individuals employed by the massage business to administer massage.
whether as an employee or independent contractor, are Certified Massage Practitioners.
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 Citv. the
operation of a massage establishment or to allow any person to administer massage or function as a
Certified Massage Practitioner, unless a current and valid Certificate of Registration has been issued for
that massage business pursuant to this chapter.
5.16.045 Compliance period.
A. Within six (6) months of the effective date of this ordinance, any business that is operating in the
City with a current and valid Citv massage business license and is otherwise subiect to this chapter, shall
submit an application for a Certificate of Registration pursuant to the provisions of this chapter.
B Within six (6) months of the effective date of this ordinance, any person who possesses a current
and valid City license as a holistic health practitioner or massage technician and is otherwise subiect to
this chapter, shall submit an application for a Certificate of Registration pursuant to the provisions of this
chapter.
C. Massaqe businesses, massaqe technicians and holistic health providers that are subiect to the
requirements of this chapter, and that have a current and valid Citv massaqe business license and that
have submitted a complete application for Certificate of Reqistration in accordance with this chapter may
continue to operate while the Certificate of Reqistration application is processed.
D. Massaqe businesses, massaqe technicians and holistic health providers that are subiect to the
requirements of this chapter, and that have a current and valid City massaqe business license or a
current and valid City massaqe technician or holistic health practitioner license, issued pursuant to former
Carlsbad Municipal Code sections 5.16.030 or 5.16.190. on the effective date of this ordinance shall be
entitled to receive a prorated refund of the City massaqe license fee for the remaininq portion of the
license period. All requests for refunds shall be made in writinq within six (6) months of the effective date
of this ordinance and will be paid to the licensee within sixty (60) days of the request. All requests for
refunds shall be directed to the Permit Administrator.
(Ord. NS-560 § 2, 2000: Ord. NS-430 § 1 (part), 1997)
EXHIBIT 2 Carisbad, California, Code of Ordinances Page 5
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC HEALTH
PRACTITIONERS*SERVICES
5.16.050 - License application—Massage business. Certified Massage Business -
Certificate of Registration reguired
A. A Certificate of Reqistration application shall be filed on forms provided by the Permit
Administrator, submitted under penalty of perjury and shall contain all of the followinq information:
1. State Certification Verification:
a. If a Certified Sole Proprietorship, the Applicant/Owner shall produce a valid and current State
Certification and a valid and current CAMTC Identification Card.
b. If a Certified Massaqe Business other than a Certified Sole Proprietorship, the Applicant/Owners
shall produce:
1. A valid and current State Certification: and
2. A valid and current CAMTC Identification Card: and
3. A statement that the Certified Massaqe Business shall employ only Certified Massaqe
Practitioners along with copies of valid and current State Certificates for all Certified Massage
Practitioners employed or who will be employed by the Massage Business and copies of their current and
valid CAMTC Identification Cards.
c. The Permit Administrator may require the Applicant/Owner of a Certified Sole Proprietorship or a
Certified Massaqe Business to produce a valid and California current driver's license and/or identification
card issued by a state qovernmental aqencv.
d. The Permit Administrator may require the Certified Massaqe Practitioners whom the
Applicant/Owner has identified as employees to personally appear and produce valid and current State
Certificates, a valid and current California driver's license and/or identification card.
e. The followinq information shall be provided by any Applicant/Owner who is not State Certified and
who owns or will own five (5) percent or more of the massaqe business:
1. Acceptable proof that the Applicant/Owner is at least eiqhteen years of aqe.
2. Full, true name, and other names used, date of birth and valid and current California driver's
license or identification card issued by a state qovernmental aqencv.
3. One (1) photoqraph provided by the applicant. The photoqraph must be in color, printed on photo
quality paper. 2x2 inches in size, sized such that the head is between 1 inch and 1 3/8 inches from the
bottom of the chin to the top of the head, taken within the last 6 months to reflect the applicant's current
appearance, taken in front of a plain white or off-white backqround. and taken in full-face view directiv
facinq the camera.
4. Current address and all previous residence(s) for the past ten (10) years, includinq dates at each
address.
5. Business, occupation, and employment history for ten (10) years precedinq the date of current or
proposed employment, the inclusive dates of same: the name and address of any massaqe business or
other like establishment owned or operated bv any person subiect to the backqround check includinq but
not limited to history, if anv. with any agency, board, city, county, territory, or state: and dates of issuance,
denial, restriction, revocation, or suspension, and the reasons therefor of anv individual or business
permit.
6. Fingerprints, subiect to a fee to cover actual costs, to submit to Department of Justice through
LiveScan or eguivalent. and may submit additional fee to cover the actual costs for subsecuent arrest
notice for renewal applications, to determine whether the Applicant/Owner has any of the following:
EXHIBIT 2 Carisbad, California, Code of Ordinances Page 6
Title 5 - BUSINESS UCENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOUSTIC HEALTH
PRACTITIQNERS*$ERVICE$
1. Convictions for any crime involving conduct which reguires registration under California Penal
Code Section 290 (Sex Offender Registration Act):
ii. Convictions of violation of California Penal Code Section 653.23 (supervision of prostitute):
iii. Convictions of violation 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).
iv. Convictions of crimes designated in Government Code Section 51032 (massaqe - qrounds for
denial of license), or any crime involvinq dishonesty, fraud, deceit, violence or moral turpitude:
V. Injunctions for nuisances under Penal Code Section 11225-11235 (red liqht abatement law):
vi. Convictions in anv other state of any offense which, if committed or attempted in this state, would
have been punishable as one or more ofthe referenced offenses of this subdivision:
vii. Conspiracy or attempt to commit any such offense described in subsections i-v of this subpart.
2. General Business Information - Applicant/Owner provide all of the followinq:
a. The full true name under which the massaqe business will be conducted. The mailinq address for
the present or proposed massaqe business.
b. The present or proposed address where the massaqe services will be conducted.
c. Complete description of all massaqe services to be provided.
d. The name and address of any massaqe business or other like business owned or operated bv
any person whose name is required to be given pursuant to this section.
e. A description of any other business to be operated on the same premises, or on adioininq
premises, owned or controlled bv the Applicant/Owner.
f. The name and address of the owner and lessor of the real propertv. if any, upon or in which the
massaqe business is to be conducted.
3. Corporate information - Applicant/Owner provide all of the following:
a. 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 toqether 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
holdinq more than five (5) percent of the stock of that corporation, and its reqistered aqent for receipt of
process.
b. If the Applicant/Owner is a partnership, the application shall set forth the names and residence
address of each of the partners, includinq limited partners. If the applicant is a limited partnership, it shall
furnish a copy of its certificate of limited partnership as filed with the Countv Clerk. If one or more of the
partners is a corporation, the provisions of this subsection pertaininq to corporate applicants shall apply to
the corporate partner.
c. The Applicant/Owner, corporation or partnership shall designate one of its officers or qeneral
partners to act as its responsible managing officer/employee. Such person shall complete and sign all
application forms reguired of an individual Applicant under this chapter. The corporation's or partnership's
responsible managing officer must, at all times, meet all of the requirements set by this chapter or the
corporation or partnership Certificate of Reqistration - Business shall be suspended until a responsible
manaqinq officer who meets such requirements is desiqnated and verified. If no such person is found
within ninety (90) days, the corporation or partnership's Certificate of Reqistration is deemed canceled
and a new application for Certificate of Reqistration must be filed.
d. If an Applicant/Owner. Operator, corporation, or partner owns 5% or more of the massaqe
business and is not State Certified, the Police Department shall conduct a backqround check of that
EXHIBIT 2 Carlsbad, California, Code of Ordinances Page 7
50
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC HEALTH
PRACTIT10NERS*$ERVICES
Owner. Operator, corporation, or partner, which shall include the information requested in Section
5.16.050(A)(1)(e)(6)(i)-(vii) inclusive and the name and address of any massaqe business or other like
business owned or operated bv anv person who is subiect to the backqround check requirement of this
subdivision.
4. Authorization for the Citv of Carlsbad, its aqents and employees, to seek information and conduct
an investigation into the truth of the statements set forth in the application and into the backqround of the
Applicant/Owner, where authorized by this chapter.
5. 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 prior to
the application approval.
6. Zoning consistency check in writinq from City. A zoninq consistency check does not confer or
authorize any entitlement to a use permit or buildinq permit or similar, which process, if applicable, is
separate from the Certificate of Reqistration process.
7. A siqned statement that the Applicant/Owner shall be responsible for the conduct of all
employees or independent contractors workinq on the massaqe premises of the business and that failure
to comply with Cal. Bus. & Prof. Code § 4600. and followinq. with any local, state, or federal law, or with
the provisions of this chapter mav result in the suspension or revocation of the Certificate of Reqistration -
Business.
8. Payment of a reqistration fee, if any, as per Section 5.16.070.
B. Upon receipt of the application, the Permit Administrator shall refer the application for a
Certificate of Reqistration - Business to other City departments for review and the buildinq official or other
desiqnee shall inspect the massaqe premises, if any, proposed to be used as a massaqe business and
shall make a written recommendation to the Permit Administrator concerninq compliance with the
respective requirements.
C. ^ The Permit Administrator shall have 60 days, after the submission of all required information, to
either issue or deny the application for a Certificate of Reqistration. For those applications that are
submitted without all the reguired information, the Permit Administrator, in his or her sole discretion, may
either reiect the application outright or reguest the Applicant/Owner to submit the missing information by a
date certain. A reiected application, based on failure to submit all reguired information, shall not form the
basis for a Hearing Section 5.16.200.Each application for a massage business linense shall he RnhmittpH
to the chief of police and shall contain the following information:
A^—A definition of services to be provided;
B-.—The location and mailing address of the proposed bus mess;
—The name and residence address and phone number of the applicant;
^—Name and address of all owners of the massage business, including corporate officers and
directors, stockholder owning more than ten percent of the corporation, and general, managing
and limited partners. Corporations shall also furnish the name and address of an agent for
service of process and the state of incorporation;
^-—The applicant shall be the owner(s) of the massage business. If the applicant is not responsible
for the daily management and operation of the business, the person who is responsible must
also submit an application and pay a fee pursuant to Section 6.16.060. The owner(s) or
lessor(s) of the premises upon which the massage business is to be conducted may, at tho
discretion of the chief of police, be required to submit an application, if such owner(s)/lessor(s)
EXHIBIT 2 Carisbad, California, Code of Ordinances Page 8
3(
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC HEALTH
PRACTIT10NERS*SERVICES
has any association or affiliation with the massage business in addition to an ownership in tho
business premises;
^-—The previous address of the applicant, if any, for a period of five years immediately prior to the
date of the application and the dates of residences at each;
G:—Written proof that the applicant is over the age of eighteen years;
—The height, weight, color of eyes and hair, and sex ofthe applicant;
^- Provision of acceptable government issued identification containing the name, date of birth and
photograph of the applicant;
^-—A complete set of tho applicant's fingerprints and a photograph which shall be taken by tho chief
of police or his agent;
—Business, occupation or employment history of the applicant for the five years immediately
preceding the date of the application;
^-—The history of the applicant in operating a massage business or similar business or occupation,
including, but not limited to, whether the applicant has had a massage business license, a
massage technician or holistic health practitioner license, or a similar license denied, revoked,
or suspended by any public agency and, if so, the reasons for and the circumstances
surrounding the denial, revocation or suspension;
IVl^—All criminal convictions, other than minor traffic violations, with a full explanation of the
circumstances thereof for the massage business manager, the operator and the owner,
including all partners, corporate officers and directors;
—At the discretion of the chief of police, the applicant may be required to submit the name and
address of each massage technician or holistic health practitioner who is or will be employed in
the business;
—Such other identification and information necessary to discover the truth of the matters
hereinbefore specified as required to be set forth in the application.
(Ord. NS-560 § 3, 2000; Ord. NS-430 § 1 (part), 1997)
,6.16.055 - Change in massage business manager.
If the owner of a massage business is not acting as the manager of tho business, and there is a
change in managers, the new manager shall submit information required for a massage business
application to the chief of police or his agent within thirty days of bocoming tho new manager. The
application information must bo accompanied by an investigation fee pursuant to Section 5.16.060^-No
other license fee pursuant to this chapter shall be required due to a change in massage business
managers if the manager is not the business owner.
(Ord. NS-430 § 1 (part), 1997)
5.16.060 - Investigation foo—Massago business. Certified Massage Business - Certificate
of Registration issuance
4 The Permit Administrator shall issue a Certificate of Registration - Business to any Certified Sole
Proprietorship that demonstrates all of the following:
1. That the operation, as proposed, if permitted, complies with all applicable laws, includinq. but not
limited to. the Citv's buildinq. zoninq. business license, health requlations. and this chapter.
EXHIBIT 2 Carisbad, California, Code of Ordinances Page 9
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOUSTIC HEALTH
PRACTITIQNERS*$ERVICES
2. The Owner is a Certified Massaqe Practitioner and is the same person to whom the CAMTC
issued a valid and current Identification Card.
3. That the Applicant has not made a material misrepresentation in this application or with respect to
any other document or information required by the City with respect to this application or for an
application for a Citv massaqe permit under applicable law within the last five (5) years.
B. The Permit Administrator shall issue a Certificate of Reqistration - Business to a Certified
Massaqe Business that demonstrates all of the followinq:
1. That the operation, as proposed, if permitted, complies with all applicable laws, includinq. but not
limited to. the citv's buildinq. zoninq. business license, health requlations. and this chapter.
2. The Owner is a Certified Massaqe Practitioner and is the same person to whom the CAMTC
issued a valid and current Identification Card.
3. The massaqe business employs or uses only Certified Massaqe Practitioners whose State
Certifications are valid and current are the same persons to whom CAMTC issued valid and current
Identification Cards.
4. That the Applicant has not made a material misrepresentation in this application or with respect to
any other document or information required by the Citv with respect to this application or for an
application for a City massage license under applicable law within the last five (5) years.
5. That the background check for any Applicant/Owner authorized by this chapter shows that such
person has not been reguired to register under the provisions of Section 290 of the California Penal
Code: within ten (10) years preceding the application had a conviction in court of competent iurisdiction
for any of the crimes identified in Section 5.16.050(A)(1)(e)(6)(i-vii) herein; has not had an individual or
business permit or license with anv agency, board, citv. county, territory, or state, denied, revoked,
restricted, or suspended within the last five (5) years; and has not been subject to an iniunction for
nuisance pursuant to Penal Code Sections 11225-11235 within the last ten (10) years.
C. In the event of a denial of issuance of a Certificate of Registration - Business, the Permit
Administrator will provide notification of and the reasons for denial shall be set forth in writing and shall
either be hand delivered to the Applicant/Owner or sent by reqistered or certified mailed. The
Applicant/Owner shall, at the Applicant/Owner's election, have the right to receive a hearinq as set forth in
Section 5.16.200. If such a hearinq is not requested within ten (10) calendar days of the notice of denial
by the Permit Administrator, the denial shall be final. A request for hearinq is deemed timely if the Permit
Administrator received said request by close of business on the tenth (10th) calendar dav.
A nonrefundable fee in an amount established by city council resolution shall accompany the
submission of each application for a massage business license to defray, in part, tho costs of
investigation. The fee shall not be in lieu of, and shall be in addition to, the license fee to be paid pursuant
to the terms of this chapter.
(Ord. NS-430 § 1 (part), 1997)
5.16.070 - License investigation—Massage businoss.Registration fee
A registration fee, if any, shall be set by resolution of the City Council and shall be reguired only for
background checks for those Applicants/Owners of a Certified Massaqe Business who are not State
Certified and own five (5) percent or more of the Certified Massaqe Business. A registration fee shall not
be charged to Certified Massaqe Practitioners or as to those State Certified Applicants/Owners applying
for a Certificate of Registration - Business.Upon receipt of a completed applinatinn and fee tho rhiof of
police shall have a reasonable time, not to exceed sixty days, in which to verify the application information
and to investigate the background of the applicant.
EXHIBIT 2 Carisbad, California, Code of Ordinances Page 10
Title 5 - BUSINESS UCENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOUSTIC HEALTH
PRACTITIONERS*SERVICES
The chief of police shall notify the planning, building, fire and health departments regarding the
pending application. The notified departments, within the thirty days from the application dato, shall
inspect the premises proposed to be devoted to the massage businesses and shall make separate
recommendations to the chief of police concerning complianco with the provisions of this chapter and with
the other applicable provisions of state law and the municipal code.
(Ord. NS-430 § 1 (part), 1997)
5.16.080 - Issuance or denial of licenso.Citv Business License
All persons shall obtain a business license where required by the City's business license provisions. The
issuance of a Certificate of Reqistration (Individual or Business) is a condition precedent to the qrantinq of
such a Citv business license. Upon the issuance of a Certificate of Reqistration pursuant to this chapter,
the Applicant/Owner shall apply for and fumish the information necessarv to obtain a City business
license as reguired by the provisions of this code. No business license shall be issued until the Certificate
of Registration has been issued and the business license fee, as provided in this code, has been paid. A
Certified Massage Practitioner employed by a Certified Massage Business is not reguired to obtain a Citv
business license. The business license fee shall be commensurate with the business license fee charged
to other professionals as established by this code.
Based on the results of the chief of police's investigation and upon the reports received from other
city departments, the chief of police shall issue the license if the chief of police finds:
A—That the operation, as proposed by the applicant, if licensed, would comply with all applicable
laws, including, but not limited to, the city's building, zoning, fire, and health regulations;
&—That the applicant or, in the case of an applicant which is a corporation or partnership, any
officer, director, or holder of ten percent or more of corporation stock, has not been:
4^—The subject of a permanent injunction issued under California Penal Code Sections 11225
et seq. or a similar law in another jurisdiction; or
2.—Convicted in a court of competent jurisdiction of:
a^—An offense involving the use of force or violence upon the person of another;
b^—A crime requiring registration under Section 290 of tho California Penal Code or of any
violation of Sections 266i, 315, 316, 318, or Subdivision (b) of Section 647 of the
Penal Codo;
0:—Any felony offense involving the sale of a controlled substance specified in Section
11054,11055, 11056, 11057, or 11058 of the California Health and Safety Code; or
d^—Any act in another jurisdiction, which if committed in California, would be a violation of
any of tho above or would be grounds for denial, suspension, or revocation of a
license under this chapter;
^-—That the applicant has not knowingly and with intent to deceive made any false, misleading or
fraudulent statement of fact in the license application, in any related document, or in connoction
with the application process;
^-—That the applicant has not had a massage business license, a massage tochnician or holistic
health practitioner liconse, or a similar license denied, suspended, or revoked for causo by any
public agency; and
^-—That the applicant has met all of the requirements of this chapter.
EXHIBIT 2 Carisbad, California, Code of Ordinances Page 11
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC HEALTH
PRACTIT10NERS*SERVICES
If one or more of the above findings cannot bo made, the license shall be denied. Howovor, in
determining whether the abovo findings can be made, the chief of police shall disregard events that
occurred more than seven years prior to tho application date if the applicant demonstrates rehabilitation.
In the event of denial, notification of and the reasons for denial shall be set forth in writing by tho
chief of police and shall be either hand delivered to the applicant or sent by registered or certified mail.
The applicant shall, at the applicant's election, have the right to receive a hearing before the city manager
or the city manager's designee pursuant to the provisions of this chapter. If such a hearing is not
requested within ten days of the notice of denial by the chief of police, the denial shall bo final.
(Ord. NS-560 § 4, 2000: Ord. NS-430 § 1 (part), 1997)
_5.16.085 - Conditional issuance of liconso.
The chief of police may condition tho issuance of a massage business license as necessary to carry
out the purposes of this chapter, including, but not limited to, reducing the term ofthe licenso to loss than
five years.
(Ord. NS-560 § 5, 2000)
5.16.090 - Reapplication aftor denial. Exemptions from reguirement 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 pert'ormance 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
customers, and this exception shall not apply to full body work or full body massage.
C. Hospitals, nursinq homes, sanatoriums. or any other health facilities duly licensed bv the State of
California.
D. A trainer of any duly constituted athletic team who administers a massaqe in the normal course of
traininq duties and when acting within the scope of their employment
E. Trainers of amateur, semi-professional or professional athletes or athletic teams while enqaqinq
in their traininq responsibilities for and with athletes: and trainers workinq in conjunction with a specific
athletic event such as an outdoor road or bike race.
F. Health clubs, health spa, qymnasium. or other similar facility designed or intended for qeneral
physical exercise or conditioninq in which the furnishinq of massaqe or bathinq services or facilities is
subordinate and incidental, except that the person performinq massage services shall obtain a State
Certification and Citv Certificate of Registration in conformance with this chapter.
An applicant whose massago business license application is denied under this chapter may not
reapply for a license until one year after the dato the denial is final.
(Ord. NS-560 § 6, 2000)
EXHIBIT 2 Carisbad, California, Code of Ordinances Page 12
3 5
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOUSTIC HEALTH
PRACTmONERS*$ERVICES
5.16.100 - Massago business facilitios. Health and safetv reguirements
All premises of Certified Massage Businesses shall be subiect to periodic inspection by the citv at
anv time and without prior notice for compliance with health, safety, and building standards and all such
establishments shall comply with the following reguirements:
A Health and safetv reguirements - facilitv:
1. One artificial white light of not less than forty (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 eguipment 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 business, 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 reguired to enter and exit
through the front.
7. No part of the massage business establishment shall be used for or connected with any bedroom
or sleeping guarters. Nor shall any person sleep in such massage business establishment except for
limited periods incidental to and directly related to a massage.
B. Health reguirements - 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 massaqe business unless such business is provided with approved laundry
facilities for such 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 requlations:
1. No person afflicted with an infection or parasitic infestation transmissible to a patron shall
knowingly provide massage therapy to a patron, or remain on the premises of a Certified Massage
Business while so infected or infested.
2. It is unlawful for any Certified Massage Practitioner or other person to massage the genital area
of any patron or the breasts of any female patron or for any Operator of a massage business to allow or
permit such massage.
3. It is unlawful for any Certified Massaqe Practitioner or other person to be other than fully clothed
in non-transparent clothinq at all times that shall not expose their qenitals, pubic area, buttocks, or chest
or for any Operator of a massaqe business to allow or permit prohibited dress.
4. If durinq the life of a Certificate of Reqistration. the Applicant/Owner has any chance in
information concerning the original application or is different from what was included in the original
application: notification must be made to the Permit Administrator, in writing, within ten (10) calendar days
of the change.
EXHIBIT 2 Carisbad, California, Code of Ordinances Page 13
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC HEALTH
PRACTmONERS*SERVICES
5. It is unlawful for any Certified Massage Business or Registered Certificate Holder to provide a
massage between 9:00 p.m. and 9:00 a.m. and the hours of operation shall be displayed in a
conspicuous public place in the reception area and in any front window clearly visible from outside of the
massage business. Patrons and visitors shall be permitted in the massage business onlv during hours of
operation.
6. A list of massage services available and the cost of such services shall be posted in an open and
conspicuous public place on the massage premises. The massage sen/ices shall be described in English
and may also be described in such other languages as the business chooses. No massage business
Operator shall permit, and no person employed or retained by the Certified Massage Business shall offer
to perform, any massaqe services or fees other than those posted.
7. It is unlawful for any Certified Massaqe Business or anv Reqistered Certificate Holder. Owner.
Operator, or responsible manaqinq officer/employee to violate anv requirements of this chapter. No
license to conduct a massago business shall be granted and no massage business shall practice
massage unless an inspection by the city reveals that tho proposed business premises comply with each
ofthe following minimum requirements:
^-—A recognizable and legible sign shall be posted at the main entrance identifying the premises as
a massage business.
^-—Minimum lighting shall be provided in accordance with the building code of the city and, in
addition, at least one artificial light of not less than sixty watts shall be provided in each room or
enclosure where massage servicos are performed on patrons. This subsection does not apply
to certificate holders.
^-—Minimum ventilation shall be provided in accordance with the building code ofthe city. However,
nothing in this subsoction shall require certificate holder to maintain any higher standards thari
apply to other professionals or personal services.
^-—Recognizable and legible signs shall be posted at all exits identifying each such exit in
accordance with tho fire code of the city.
^-—Hot and cold running water shall be provided to a metal or ceramic coated metal utility sink
approved by the San Diego County health department, except that certificate holders need not
provide any additional facilities over and above those required by applicable law for other
professional or personal
^-—Equipment approved by the health department for disinfecting and sterilizing instruments used
in performing acts of massage shall be provided.
^—Closed cabinets shall be provided and utilized for tho storage of clean linen, except that
certificato holders noed not provide any additional facilitios over and above those required by
applicable law for other profossional or personal services.
^-—Adequate bathing, dressing, locker and toilet facilities shall be provided for patrons. A minimum
of one tub or showor, one dressing room containing a separate locker for each patron to bo
served, which locker shall be capable of being locked, and a minimum of one toilet and ono
wash basin shall be provided by every massage business; provided, however, that if male and
female patrons are to be served simultaneously at the business, a separate massage room or
rooms, separate dressing facilities and separate toilet facilities shall be provided for malo and
female patrons; further, in those businesses where steamrooms or sauna baths are provided, if
male and female patrons are to bo served simultaneously, separate steamrooms or sauna
rooms shall bo provided for male and female patrons. However, nothing in this subsection shall
require certificate holders to maintain any higher standards over and above those required by
applicablo law for other profossional or personal sorvices.
EXHIBIT 2 Carisbad, California, Code of Ordinances Page 14
3n
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC HEALTH
PRACTIT1QNER$*$ERVICES
1^ All walls, ceilings, floors, pools, showers, bathtubs, steamrooms and all other physical facilities
for the business premises must be in good repair and maintained in a clean and sanitary
condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower
compartments, and toilet rooms shall be thoroughly cleaned and disinfected with a disinfectant
approved by the health department each day the business is in operation. Bathtubs shall be
thoroughly cleaned and disinfected with a disinfectant approved by the health department after
each use. However, nothing in this subsection shall require certificate holders to maintain any
higher standards over and above those required by applicable law for other professional or
personal services.
^-—Clean and sanitary towels and linens shall be provided for each patron of the business. No
common use of towels or linens shall be permitted. However, nothing in this subsection shall
require certificate holders to maintain any higher standards over and above those required by
applicable law for other professional or personal services.
^-—A minimum of one separate wash basin shall be provided in each massage business premises
for the use of employees of any such business, which basin shall provide soap or detergent and
hot and cold running water at all times and shall be located within or as close as practicable to
the area devoted to the performing of massage services. In addition, there shall be provided at
each wash basin, sanitary towels placed in permanently installed dispensers. However, nothing
in this subsection shall require certificate holders to maintain any higher standards over and
above those required by applicable law for other professional or personal servicos.
This section shall be construed to require minimum standards only, except that certificate holders
need not provide any additional facilities over and above those required by applicable law for other
professional or personal services. All applicable provisions of the municipal code shall have full force and
effect and the applicant shall be required to comply therewith.
(Ord. NS-430 § 1 (part), 1997)
(Ord. No. CS-095. § 2, 7-27-2010)
5.16.105 - Massage businesses operating requirements.
The operating requirements for massage businesses are as follows:
—No owner, operator, responsible managing employee, manager, or permittee in charge of or in
control of a massage business shall permit a massage to be given unless the patron's specified
anatomical areas are covered by the covering provided by the business. Each business shall
provide to all patrons clean, sanitary and opaque covering capable of covering the patron's
specified anatomical areas. No common use of such covering shall be permitted, and reuse is
prohibited unless having been adequately cleaned.
^-—With the exception of bathrooms, showers and dressing rooms, no owner, operator, responsible
managing employoo, manager or permittee in charge of or in control of any massage business
shall permit any person in any area within the massage business premises which is used by the
patrons or which can be viewed by patrons from such an area, unless the person's specified
anatomical areas are fully covered. In addition, no owner, operator, responsible managing
employees, manager or permittee in charge of or in control of a massage business shall permit
any person to be in any room with another person unless all persons' specified anatomical
areas are fully covered.
^-—No owner, operator, responsible managing omployee, manager or permittee in charge of or in
control of a massage business shall permit any employee to be on the premises of a massage
business during its hours of operation of a rnassago business unless tho employoo is fully
covered from a point not to exceed four inches above the center of the kneecap to tho base of
EXHIBIT 2 Carisbad, California, Code of Ordinances Page 15
Title 5 - BUSINESS UCENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC HEALTH
PRACTIT10NERS*$ERV1CES
the neck excluding the arms, with the following exception: shorts may be worn so long as they
extend down the leg a minimum of three inches from tho crotch, and the body above the point is
fully covered to tho base of the neck, excluding the arms. The covering, which includes
trousers, pants or shorts, will be of an opaque material and will be maintained in a clean and
sanitary condition.
^-—No owner, operator, responsible managing employee, manager or permittee in charge of or in
control of a massage business shall, during the course of any service or task associate with the
operation of a massage business, permit any person to massage or intentionally touch the
specified anatomical areas of another person.
^-—No owner, operator, responsible managing employee, manager or permittee in charge of or in
control of a massage business shall permit persons other than a certificate holder, licensed
massage technician, licensed massage technician trainee or licensed holistic health practitioner
to perform a massage in a massage business.
(Ord. NS-430 § 1 (part), 1997)
(Ord. No. CS-095, § 2. 7-27-2010)
5.16.110 - Display of liconsoo. Inspection bv Citv officials and notices of violation
4 The investiqatinq officials of the Citv. includinq the San Dieqo County Health Official, shall have
the right to enter the massage business premises from time to time during regular business hours, prior to
the issuance of a Certification of Registration - Business and subseguentlv. for the purpose of making
reasonable inspections to enforce compliance with this chapter and with building, fire, electrical.
plumbing, and/or health and safetv regulations. In the event a Certificate of Registration - Business has
been issued, it mav be suspended or revoked in the manner hereinafter set forth in this chapter.
^ Whenever a City official makes an inspection of a massage business and finds that anv provision
of this chapter has been violated, the Permit Administrator shall give notice of such violation by means of
a written notice. Any resultinq written notice shall set forth the specific violation or violations found, and
notify the Reqistered Certificate Holder that failure to comply with any notice issued in accordance with
the provisions of this chapter may result in the suspension or revocation of the Certification of
Registration. The Reqistered Certificate Holder may be issued a warninq that anv future violation of this
chapter mav result in suspension or revocation of the Certificate of Reqistration. The Permit
Administrator may establish a specific and reasonable period of time for the correction of the violation or
violations. No time to correct need be qiven for health and safety violations or violations of criminal
lawEvery person issued a license under the terms of this chapter shall display the license in a
conspicuous place so that the same may be readily seen by persons entering the premises where the
massage, bath, or treatment is given.
(Ord. NS-430 § 1 (part), 1997)
5.16.120 - Name of businooQ. Displav of signs and Certification of Registration
A recoqnizable and leqible siqn shall be posted at the main entrance of each Certified Massaqe
Business identifyinq the business as such. The Owner or Operator of each Certified Massaqe Business
shall display the Certificate of Reqistration - Business and the Certificate of Registration - Individual
issued to each Certified Massage Practitioner employed in or providing massage services to the massage
business in an accessible and conspicuous place on the premises. No person lionn.r.r>H tn dn hiirinnro nr
provided in this chapter shall operate under any name or conduct his business under any designation not
specified in his licenso.
EXHIBIT 2 Carisbad, California, Code of Ordinances Page 16
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOUSTIC HEALTH
PRACTITIONERS*SERVICES
(Ord. NS-430 § 1 (part), 1997)
6.16.130 - Change of location. Transfer of Certificate of Registration - Business
A Certificate of Registration - Business shall not be transferable except with the written approval of
the Permit Administrator. A written application for such a transfer shall be made to the Permit
Administrator. The application for such transfer shall contain the same information as reguired herein for
an initial application for a Certification of Registration as set forth in Section 5.16.050. In the event of
denial of such transfer, notification of and reasons for denial shall be set forth in writing and shall be sent
to the Applicant/Owner bv means of registered or certified mail or delivered in person. A change of
location of a licensed massage business may be approved by the chief of police; provided all applicablo
provisions of this code are complied with and a change of location fee of fifty dollars to defray, in part, tho
costs of investigation and inspection has been paid to city.
(Ord. NS-430 § 1 (part), 1997)
5.16.140 - Sale or transfer. Notification of changes
Every Certified Massage Business Owner or Operator shall report in writing immediately to the
Permit Administrator any and all changes of address or ownership of the Certified Massage Business and
any changes of Certified Massaqe Practitioners employed in or providing massaqe services to the
massaqe business. Upon the sale or transfer of any interest in a ma.c.p.age hiic.inocc tho lironge for that
business shall be null and void. A new application shall be made by any person desiring to own or
operate the massage business. An application fee of fifty dollars shall be payable for each such
application. If the location of the licensed premises is to be changed, tho applicant shall also pay tho
change of location foe required by Section 5.16.130.
(Ord. NS-430 § 1 (part), 1997)
5.16.160 - Inspection. Certificate of Registration - Individual: non-transferable
It is unlawful to practice massage for any form of consideration as a principal, employee, agent or
OthenA/ise within the City, unless a person has a current and valid Certificate of Registration issued
pursuant to this chapter and a CATMC Identification Card. This section does not apply to individuals
specifically exempted pursuant to the provisions of this chapter.
B. The Permit Administrator shall issue a Certificate of Registration - Individual to any Certified
Massaqe Practitioner who demonstrates the followinq:
1. A valid and current State Certification: and
2. A valid and current CAMTC Identification Card.
In the event of a denial of issuance of a Certificate of Reqistration - Individual, the Permit
Administrator will provide notification of and the reasons for denial shall be set forth in writinq and shall
either be hand delivered to the Applicant or sent by reqistered or certified mailed. The Applicant shall, at
the Applicant's election, have the riqht to receive a hearing as set forth in Section 5.16.200. If such a
hearing is not requested within ten (10) calendar days of the notice of denial bv the Permit Administrator,
the denial shall be final. A request for hearinq is deemed timely if the Permit Administrator received said
request bv close of business on the tenth (10th) calendar dav.
D. A Certificate of Reqistration - Individual shall not be transferable.
EXHIBIT 2 Carisbad, California, Code of Ordinances Page 17
^0
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOUSTIC HEALTH
PRACTITIONERS*SERVICES
Representatives of the city departments of building inspection, housing, fire, police and health shall have
the right to enter tho premises from time to time during regular business hours for the purpose of making
reasonable inspections to enforce compliance with building, fire, electrical, mechanical, plumbing or
health regulations. This shall not restrict or limit the right of entry vested in any law enforcement agency.
The city departments shall cause such inspections to be made at least twice a year.
(Ord. NS-430 § 1 (part), 1997)
5.16.160 - Massagist licensoos to be omployod. Certificate of registration expiration and
renewal
A. Certificates of Reqistration shall be valid for two years from issuance or as extended pursuant to
this chapter.
E The Reqistered Certificate Holder - Business shall apply to the Permit Administrator to renew
such registration within sixty (60) days prior to expiration and shall apply to the Permit Administrator to
amend the Certificate of Registration - Business within thirty (30) days after any change in the registration
information, including, but not limited to a change in Certified Massage Business mailing address or the
address of the massage premises. The Permit Administrator may extend the Certificate of Registration
one time in a renewal period for UP to ninety (90) days for Sole Proprietors who provide timely evidence of
a renewal application to CAMTC.
The Registered Certificate Holder - Individual shall apply to the Permit Administrator to renew
such registration within thirty (30) days prior to expiration of the Certificate of Registration and shall apply
to the Permit Administrator to amend the Certificate of Registration within thirty (30) days after any
change in the registration information, including, but not limited to a change in the mailing or work
address. The Permit Administrator may extend the Certificate of Registration one time during a renewal
period for up to ninety (90) for individuals who provide timely evidence of a renewal application to
CAMTC.
D. If a renewal application and all reguired information for the renewal is not received by the Permit
Administrator within thirty (30) davs after expiration, the Certificate of Registration shall be deemed
expired and no privilege to provide massaqe services in Carlsbad shall exist. Renewals shall be
processed and investiqated and the Applicant/Owner is required to submit that information which has
chanqed from the last application or renewal.
E 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
Permit Administrator will provide notification of and the reasons for denial shall be set forth in writinq and
shall either be hand delivered to the Applicant/Owner or sent bv reqistered or certified mailed. The
Applicant/Owner shall, at the Applicant/Owner's election, have the right to receive a hearinq as set forth in
Section 5.16.200. If such a hearinq is not requested within ten (10) calendar davs of the notice of denial
bv the Permit Administrator, the denial shall be final. A request for hearinq is deemed timely if the Permit
Administrator received said request by close of business on the tenth (10th) calendar dav.
No massage business licensee shall employ, or otherwise allow, any person to perform as a massage
technician or holistic health practitioner who is not so licensed under the terms of this chapter.
(Ord. NS-430 § 1 (part), 1997)
EXHIBIT 2 Carisbad, California, Code of Ordinances Page 18
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOUSTIC HEALTH
PRACTlTIONERS*SERVICES
5.16.170 - Massages at permitted locations only. Grounds for suspension or revocation
of Certificate of Registration - Business
The Permit Administrator may suspend or revoke a Certificate of Reqistration issued to a Certified
Massaqe Business or Certified Sole Proprietorship upon any of the followinq qrounds:
A. A Reqistered Certificate Holder is no longer in possession of a current and valid State
Certification.
B. A non-certified Owner. Operator, corporation, or partner who owns 5% 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
Certificate of Registration or renewal.
D. The Registered Certificate Holder has engaged in conduct or operated the Certified Massage
Business or as a Certified Massage Practitioner in a manner which violates any of the provisions of this
chapter, any conditions of the Certification of Registration, or any of the laws which would have been
grounds for denial of the Certification of Registration.
E. The Registered Certificate Holder employs or uses non-certified massage technicians to perform
massage services.
F. Violations of this chapter or of Cal. Bus. & Prof Code sections 4600. and following, have
occurred on the massage business premises.
G. The Registered Certificate Holder has failed to comply with one or more of the health and safetv
reguirements under this chapter.
H. The Registered Certificate Holder has engaged in fraud, misrepresentation, or false statements in
obtaining or maintaining a Certificate of Registration.
No person shall administer a massage or permit a massage to be administered at or upon any location or
premises other than a validly licensed massage business, except that validly licensed holistic health
practitioners may administer off premises massages between the hours of six a.m. and eleven p.m. The
giving of massages at hours other than these is prohibited.
(Ord. NS-430 § 1 (part), 1997)
5.16.180 - Records of treatments. Grounds for suspension or revocation of Certificate of
Registration - Individual
The Permit Administrator mav suspend or revoke a Certificate of Registration issued to an individual
upon any ofthe following grounds:
A. Registered Certificate Holder - Individual is no longer in possession of a current and valid State
Certification or CAMTC Identification Card:
B. The Registered Certificate Holder - Individual has engaged in fraud, misrepresentation, or false
statements in obtaining or maintaining a Certificate of Registration.
Every person operating a massage business under a license issued pursuant to this chapter shall
keep a record of the date and hour of each treatment, tho namo and address of the patron, and the name
of the employee administering such treatment. The record shall bo open to inspection by officials charged
with the enforcement of these provisions for the purposes of law enforcement and for no other purpose.
The information furnished or secured as a result of any such inspection shall be confidential. Any
unauthorized disclosure or use of such information by any officer or employee of the city constitutes a
EXHIBIT 2 Carisbad, California, Code of Ordinances Page 19
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOUSTIC HEALTH
PRACTITIONERS*SERVICES
misdemeanor and such officer or employee shall be subject to the penalty provisions of this code, in
addition to any other penalties provided by law. Tho records shall be maintained for a period of ninety
days.
(Ord. NS-430 § 1 (part), 1997)
5.16.190 - Massage technician or holistic health practitioner license required. Suspension
or revocation of Certificate of Registration
In the event that the Permit Administrator determines that any of the grounds identified in Section
5.16.170 or 5.16.180 exists for the suspension of revocation of a Certification of Registration, the Permit
Administrator shall notify the Registered Certificate Holder in writing of the intended action and the
reasons therefor, and of the right to reguest a hearing in regard thereto. The action indicated in the
written notice shall be final unless the Registered Certificate Holder files a written reguest for hearing with
the Permit Administrator which is received bv the Permit Administrator within fourteen (14) calendar days
of the date of the notice. A reguest for hearing is deemed timely if the Permit Administrator received said
reguest by close of business on the fourteenth (14th) calendar day. If the reguest for hearing is timely
received, the Permit Administrator shall proceed in accord with Section 5.16.200. No person shall
administer a massage for any form of consideration within the city unless the person has been licensed
as a massage technician or holistic health practitioner by the chief of police and unless the license
remains in effect in conformity with the provisions of this chapter. Except as provided in Section 5.16.22§T
any license issued pursuant to this section shall be valid for five years from the date of issuance, unless
suspended or revoked.
(Ord. NS-560 § 7, 2000: Ord. NS-430 § 1 (part), 1997)
EXHIBIT 2 Carisbad, California, Code of Ordinances Page 20 13
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOUSTIC HEALTH
PRACTlTIONERS*SERVICES
5.16.200 Heanng
Any person who has been denied a Certificate of Registration, for reasons other than submitting an
incomplete Certificate of Registration application or renewal, bv the Permit Administrator or anv
Registered Certificate Holder who has received a notice of intent to suspend or revoke a Certificate of
Registration may reguest a hearing.
A. Upon receipt of a timely written reguest for hearing, the Permit Administrator shall schedule a
hearing and shall set forth in writing and send to the applicant or Registered Certificate Holder, bv means
of registered mail, certified mail or hand deliverv. notice that within a period of not less than five days nor
more than fourteen davs from the date of the posting of the notice, a hearing shall be conducted to
determine the existence of anv facts which constitute grounds for denial, suspension or revocation of a
Certificate of Registration. The notice shall include the date, time and place ofthe hearing.
B. The hearing shall be conducted by a hearing officer appointed by the citv manager.
C. The Applicant/Owner or Registered Certificate Holder may have the assistance of counsel or mav
appear bv counsel and shall have the right to present evidence. The hearing need not be conducted
according to the rules of evidence. Any relevant evidence may be admitted and considered by the hearing
officer if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of
serious affairs. Obiections to evidence shall be noted and a ruling given by the hearinq officer.
D. In the event that the Applicant/Owner. Reqistered Certificate Holder or counsel for
Applicant/Owner or Reqistered Certificate Holder fails to appear at the hearinq. the evidence of the
existence of facts which constitute qrounds for denial, suspension or revocation of the Certificate of
Reqistration shall be considered un-rebutted.
E. Notice of the decision shall be qiven in the same manner as for the hearinq and shall specify
findinqs of fact and the reasons for the decision. The hearinq officer shall inform the party aqainst whom
the decision is rendered of his or her riqht to appeal to the citv council pursuant to this chapter.
5.16.210 - License application—Massage technician and holistic health
practitionor.Appeal
Within ten davs after receipt of the decision of the hearinq officer, any party affected by the decision
may file with the citv clerk a written request for a public hearinq before the citv council. Upon the filing of
such a reguest, the citv clerk shall, within fourteen days thereafter, set the matter for a hearing and shall
notify the appellant of the date, time and place of such hearing at least five days before the hearing date.
At the hearing, any person may present relevant evidence in opposition to. or in support of. appellant's
case. At the conclusion of the hearing, the city council shall either grant or deny the appeal, and the
decision ofthe city council shall be final.
Except for a certificate holder, each application for a massage technician or holistic health
practitionor license shall be submitted to the chief of police and shall contain tho following information:
EXHIBIT 2 Carisbad, California, Code of Ordinances Page 21
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOUSTIC HEALTH
PRACTITIONERS*SERVICES
—The applicant's full name, residence address and telephone number;
B:—The name and address and telephone number of the massage business where the applicant is
to be employed and the name of the owner of same;
—The names and addresses of any and all previous businesses where the applicant has been
employed as a massage technician or holistic health practitioner;
&—The criminal record, if any, other than minor traffic violations, of the applicant;
—Whether the applicant has previously had a massage business license, a massage technician
or holistic health practitioner license, or a similar license denied, suspended, or revoked by any
public agency and, if so, the reasons for and circumstances surrounding the denial, suspension
or revocation;
^-—A photograph and complete set of the applicant's fingerprints which shall be taken by the chief
of police or his agent;
G-.—Written proof that the applicant is over the age of eighteen years;
H—Applicant must furnish a diploma or certificate of graduation from a recognized school or other
institution of learning wherein the method, profession and work of massage is taught. Proof of
successful completion of two hundred hours of study from a recognized school is required for a
massage technician license and proof of successful completion of one thousand hours of study
from a recognized school is required for a holistic health practitioner license. The city has the
right to confirm the fact that the applicant has actually attended classes in a recognized school
for the aforementioned minimum time periods. In lieu ofthe foregoing educational requirements,
an applicant for a massage technician license may submit verifiable written proof that he or she
has actually been engaged in practice as a massage technician for not less than one year and
has passed the national certification examination for massage therapists and bodywork;
^- Before a license is issued to a holistic health practitioner, the applicant must furnish proof of
membership in a state or nationally recognized organization devoted to and organized for tho
benefit and furtherance of holistic health practitioner practices as approved by the city manager.
In the event of a dispute regarding a decision of the city manager under this section, an
applicant may appeal to the city council by filing an appeal with the city clerk within ten calendar
days of the written notice of decision by the city manager. The fee for filing an appeal under this
section shall be established by a resolution of the city council. The decision of the city council
shall be final;
J-^—Before a license is issued to a holistic health practitioner, the applicant shall deliver a policy of
insurance in an amount established by resolution ofthe city council, from a carrier admitted and
authorized to do business in Califomia, and under which the carrier promises and undertakes to
pay in full all legal liability incurred by the practitioner for damages to persons or property
resulting from the practitioner's practice.
—For all new applicants after September 1, 2009, passage of a certifying examination approved
by the regulatory body providing oversight to massage professionals per California Business &
Professions Code sections 4600 et seq. Applicants renewing their applications without a break
in licensure status from before September 1. 2009 shall demonstrate compliance with this
Section.
(Ord. NS-560 § 8, 2000; Ord. NS-430 § 1 (part), 1997)
(Ord. No. CS-095, § 2, 7-27-2010)
EXHIBIT 2 Carisbad, California, Code of Ordinances Page 22 ^
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC HEALTH
PRACTITIONERS*SERVICES
_6.16.215 - Investigation fee Massago technician and holistic health practitioner.
A nonrefundable fee as set by resolution of the city council shall accompany the submission of each
application for a holistic health practitionor or massage technician license to defray in part the costs of
investigation. The foe shall not be in lieu of, and shall be in addition to, the license fee to be paid pursuant
to the terms of this chapter.
(Ord. NS-430 § 1 (part), 1997)
5.16.220 - License investigation and issuance—Massage technician and holistic health
practitioner. Reapplication after denial
No reapplication for a Certificate of Registration will be accepted within one year after an application
or renewal is denied or a Certificate of Registration is revoked, provided that, if a Certificate of
Registration - Business is denied for the sole reason that a Certified Massage Practitioner does not
possess the reguired state certification, reapplication may occur when the reguired certification is
obtained.
Upon receipt of a completed application and fee, the chief of police shall have a reasonable time, not
to exceed sixty days, in which to verify the application information and to investigate the background of
the applicant Upon completion of that process, the chief of police shall issue the license if the chief of
police finds:
—That the applicant has not been the subject of a permanent injunction issued under California
Penal Code sections 11225 et seq. or a similar law in another jurisdiction;
&—That the applicant has not been convicted in a court of competent jurisdiction of:
4.—An offense involving the use of force or violence upon the person of another;
2. —A crime requiring registration under Section 290 of the California Penal Code or of any
violation of Sections 266i, 315, 316, 318, or Subdivision (b) of Section 647 of the Ponal
Code;
3. —Any felony offense involving the sale of a controlled substance specified in Section 11054,
11055, 11056, 11057, or 11058 of the California Health and Safety Code; or
4^—Any act in another jurisdiction, which if committed in California, would be a violation of any
of the above or would be grounds for denial, suspension, or revocation of a license under
this chapter;
—That the applicant has not knowingly and with intent to deceive made any false, misleading or
fraudulent statement of fact in the license application, in any related document, or in connection
with the application process;
&—That the applicant has not had a massage business license, a massage technician or holistic
health practitioner license, or a similar license denied, suspended, or revoked for cause by any
public agency; and
fe—That the applicant has met all of the requirements of this chapter.
If one or moro of the above findings cannot be made, the license shall be denied. However, in
determining whether the above findings can be made, the chief of police shall disregard events that
occurred more than seven years prior to the application date if the applicant demonstrates rehabilitation.
In the event of denial, notification of and the reasons for denial shall be set forth in writing by the
chief of police and shall be either hand delivered to the applicant or sent by registered or certified mail.
The applicant shall, at the applicant's election, have the right to receive a hearing before the city manager
EXHIBIT 2 Carisbad, California, Code of Ordinances Page 23
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC HEALTH
PRACTIT10NERS*SERVICES
or the city manager's designee pursuant to the provisions of this chapter. If such a hearing is not
requested within ten days ofthe notice of denial by the chief of police, the denial shall be final.
(Ord. NS-560 § 9, 2000; Ord. NS-430 § 1 (part), 1997)
_5.16.225 - Conditional issuance of licenso.
The chief of police may condition the issuance of a massage technician or holistic health practitioner
license as necessary to carry out the purposes of this chapter, including, but not limited to, reducing the
term of the license to less than fivo years.
(Ord. NS-560 § 10. 2000)
5.16.230 - Reapplication after denial. 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 mav in the exercise of discretion, in
addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions,
proceeding or proceedings, for the abatement, removal and enjoinment thereof, in a manner provided by
jaw_An applicant whose massage technician or holistic health practitioner license application is denied
under this chapter may not reapply for a license until one year after the date the denial is final.
(Ord. NS-560 § 11, 2000)
6.16.240 - Transfer of license. Violations, penalties
A Unless otherwise exempted by the provisions of this chapter, every person, whether acting as an
individual. Owner, employee of the Owner, Operator, or employee of the Operator or whether acting as a
mere helper for the Owner, employee, or Operator, or whether acting as a participant or worker in any
way, who gives massages or conducts a massage business, or who, in connection with the business,
gives or administers, or practices the giving or administering of. massages or baths or any of the sen/ices
defined in this chapter, without first obtaining State Certification and a city Certificate of Registration, or
who violates any provision of this chapter, shall be guilty of an infraction or misdemeanor punishable as
provided in Section 1.08.010(b).
B. Any Owner, licensee, manager, or Registered Certificate Holder in charge or in control of a
massage business or Certified Massage Business or Certified Sole Proprietorship who knowingly
employs a person who is not in possession of a valid, unrevoked Certificate of Registration, or who allows
such persons to perform, operate, or practice within a massage business, shall be guilty of an infraction
or misdemeanor punishable as provided in Section 1.08.010(b).
No holistic health practitioner or massage technician liconse is transferable.
(Ord. NS-430 § 1 (part), 1997)
6.16.250 - Possession and posting of liconso. Interpretation
This chapter shall be construed liberally in favor of regulation as determined if necessarv and
appropriate by the citv manager for the public protection and welfare and in order to accomplish its
purpose and intent. Each massage business licensee shall post in .T nnncpininifr piano ^jthin tho
massage business tho individual license of each massage technician or holistic health practitionor
EXHIBIT 2 Carisbad, California, Code of Ordinances Page 24
^7
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC HEALTH
PRACTmONERS*SERVICES
performing massages in the business. Holistic health practitioners shall have a valid license in their
possession when administering an off premises massage.
(Ord. NS-430 § 1 (part), 1997)
_5.16.255 - Massage technician and holistic health practitioner operating requirements.
The operating requirements for certificate holders, massage technicians and holistic health
practitioners are as follows:
A—No certificate holder, massage technician or holistic health practitioner, while performing any
task or sen/ice associated with the business of massage, shall be present in any room with
another person unless the person's specified anatomical areas are fully covered;
&—No certificate holder, massage technician or holistic health practitioner shall be on the premises
of a massage business during its hours of operation while performing or available to perform
any task or service associated with the operation of a massage business, unless the certificate
holder, massage technician or holistic health practitioner is fully covered from a point not to
exceed four inches above the center of the kneecap to the base of the neck, excluding the
arms, with the following exception: shorts may be worn so long as they extend down the leg a
minimum of three inches from the crotch, and the body above that point is fully covered to the
base of the neck, excluding the arms. In addition, no certificate holder, massage technician or
holistic health practitioner shall perform any task or service associated with the business of
massage while in the presence of another person unless the certificate holder, massage
technician or holistic health practitioner is fully covered from a point not to exceed four inches
above the center of the kneecap to the base of the neck, excluding the arms, with the following
exception: shorts may be worn so long as they extend down the leg a minimum of three inches
from the crotch, and the body above that point is fully covered to the base of the neck, excluding
the arms. For purposes of this subsection, the covering, which includes trousers, pants or
shorts, will be of an opaque material and will be maintained in a clean and sanitary condition;
—No certificate holder, massage technician or holistic health practitioner, while performing any
task or service associated with the business of massage, shall massage or intentionally touch
the specified anatomical areas of another person or allow another person to massage or
intentionally touch the specified anatomical areas of the certificate holder, massage technician
or holistic health practitioner.
(Ord. NS-430 § 1 (part), 1997)
(Ord. No. CS-095, § 2, 7-27-2010)
5.16.260 - Suspension or revocation of license. Constitutionalitv
If any section, subsection, sentence, clause or phrase of this chapter is for anv reason held to be
invalid, such decision shall not affect the validity of the remaining portions of this chapter. The citv council
declares that it would have adopted the chapter and each section, subsection, sentence, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or
phrases be declared invalid.
In the event that any person holding a license issued pursuant to this chapter violatos or causes or
permits to be violatod any of tho provisions of this chapter or any provision of any other ordinance or law
relating to or regulating massage businesses, holistic health practitioners, or massage technicians, or
conducts or carries on such business or occupation in an unlawful manner or in such manner as to
constitute a public nuisance, the city manager may, in addition to other penalties provided by ordinance,
suspend or revoke the license as follows:
EXHIBIT 2 Carlsbad, California, Code of Ordinances Page 25 (^
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC HEALTH
PRACTmONERS*SERVICES
—The city manager shall notify the licensee in writing of the intended action and the reasons
therefor, and of tho right to request a hearing in regard thereto;
fe—The action indicated in the written notice shall be final unless the licensee files a written request
for hearing with the city manager within ten days of the notice;
^—If a notice of hearing is received, the city manager shall proceed in accord with Section 5.16.270
(Ord. NS-430 § 1 (part), 1997)
_5.16.270 Heanng.
Any person who has been denied a licenso by the chief of police or who is liconsed pursuant to this
chapter and who has received a notice of intent to suspend or revoke the license may request a hearing
before the city manager. Upon receipt of a timely written request for hearing, the city manager shall call a
hearing and shall sot forth in writing and send to the applicant or licensee or permittee, by moans of
registered mail, certified mail or hand delivory, notice that within a period of not less than five days nor
more than fourteen days from tho date of the posting of the notice, a hearing shall be conducted to
determine the existence of any facts which constitute grounds for the denial, suspension or revocation of
a license or permit. The notification shall include the date, time and place of the hearing. The hearing
shall be conducted by a hearing officer appointed by the city manager. The applicant, licensee or
permittee may have the assistance of counsel or may appear by counsel and shall have the right to
present evidence. In the event that the applicant, licensee or permittee, or counsel representing tho
applicant, licensee or permittee, fails to appear at the hearing, the evidence of the existence of facts
which constitute grounds for tho denial, suspension or revocation of tho license or permit shall bo
considered unrebuttod. The hearing need not be conducted according to the rules of evidence. Any
relevant evidence may be admitted and considered by the city manager if it is the sort of ovidence on
which responsible persons aro accustomed to rely in the conduct of serious affairs. Objections to
evidence shall be notod and a ruling given by the hearing officer. A copy of the decision of the hearing
officer specifying findings of fact and the reasons for the decision shall be furnished to tho applicant or
licensee. The hearing officer shall inform the party against whom the decision is rendered of his right to
appeal to the city council pursuant to this chapter. Any decision not so appealed is final.
(Ord. NS-430 § 1 (part), 1997)
_5.16.280 Appeal.
Within ten days after receipt of the decision of the hearing officer, any party affected by the decision
may file with the city clork a written request for a public hearing before the city council. Upon the filing of
such a request, the city clerk shall, within fourteen days thereafter, set the matter for a hearing and shall
notify the appellant of the date, time and place of such hearing at least five days before the hearing date.
At the hearing, any person may present evidence in opposition to, or in support of, appellant's case. At
the conclusion of the hearing, the city council shall either grant or deny the appeal, and the decision of the
city council shall bo final.
(Ord. NS-430 § 1 (part), 1997)
_6.16.290 - Injunctive relief.
In addition to the legal remedies provided for in this codo, the operation of any massage business in
violation ofthe terms of this chapter is a public nuisance and may be enjoined by the city.
(Ord. NS-430 § 1 (part), 1997)
EXHIBIT 2 Carisbad, California, Code of Ordinances Page 26
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOUSTIC HEALTH
PRACTITIONERS*SERVICES
5.16.300 - Exemptions.
This chapter shall not apply to:
A—Physicians, surgeons, chiropractors, osteopaths, psychiatrists, psychologists, clinical social
workers, family counselors and clergymen who are licensed to practice their respective
professions in the state or who are permitted to practice temporarily under the auspices of an
associate or business duly licensed in the state;
_fe—Nurses who are registered under the laws of this state and who administer a massage in the
normal course of nursing duties;
—A trainer of any duly constituted athletic team who administers a massage in the normal course
of training duties;
^-—Barbers and beauticians who are duly licensed under the laws of this state and who administer
a massage in the normal course of their duties;
fe—Any duly licensed business in which the above described persons practice their respective
professions;
fe—Hospitals, nursing homes, sanitariums, persons holding an unrevoked certificate to practice the
healing arts under the laws of the state, or persons working under the direction of any such
person or in any of such businesses.
(Ord. NS-430 § 1 (part), 1997)
.5.16.310 - Violations.
Every person, except those who are specifically exempted by this chapter, who violates any of the
provisions of this chapter, shall be guilty of an infraction or misdemeanor punishable as provided in
Section 1.08.010(b).
(Ord. NS-430 § 1 (part), 1997)
(Ord. No. CS-096, § 2, 7-27-2010)
,5.16.320 - Massage business license foo.
Any person obtaining a massage business license shall pay to the license collector a license fee in
an amount established by city council resolution and payable when the license issues. This license fee
shall be in lieu of a business license tax.
(Ord. NS-430 § 1 (part), 1997)
_5.16.330 Massago technician and holistic health practitioner licenso foo.
Any person obtaining a license to act as a holistic health practitioner or massage technician shall pay
to the license colloctor a liconse fee in an amount established by the city council resolution. This licenso
fee shall be in lieu of a business license tax.
(Ord. NS-430 § 1 (part), 1997)
EXHIBIT 2 Carisbad, California, Code of Ordinances Page 27 50
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC HEALTH
PRACTITIQNERS*SERVICE$
_5.16.340 - Massage technician trainee liconso.
The following provisions apply to a massage technician trainee liconso:
^-—Any person who qualifies for a massage technician licenso but for tho educational requirement
of Section 5.16.210 mav obtain a trainne linnnsn <=inrh pnrcnp mu'jt be enrolled in a
"recognized school" and submit a letter from the school showing tho date the applicant was
officially enrolled and the estimated date the applicant will graduate. Applicants may also
provide verifiable proof that they aro registered to take the national certification examination for
therapeutic massago and bodywork in lieu ofthe educational requirement;
^-—Applicant shall also submit a letter signed by the owner of a massago business, or their
representative, stating their willingness to employ the applicant to do massage as a massago
technician trainee working under the direct supervision and control of a licensed massago
technician or holistic health practitioner during the time tho applicant is completing a course of
study as a massago tochnician at a recognized school or until the applicant has successfully
passed the national cortification examination for therapeutic massage and bodywork;
^—The massage trainee license shall expire one year from the date issued and is not renewable,
except in the case of sickness or accident for which reason the education or certification exam
was delayed. Applicant is expected to successfully complete the massago technician course of
study or pass the national certification examination for therapeutic massage and bodywork
during the ono year time period the license is valid. The trainee must at all times comply with all
laws and ordinances in effect and the failuro to comply may render tho applicant ineligible to
obtain a massago technician's license;
^-—After September 1, 2009. no more massago technician trainee permits shall be issued.
(Ord. NS-430 § 1 (part), 1997)
(Ord. No. CS-095, § 2, 7-27-2010)
_5.16.350 • Massage school licenso.
It is unlawful for any person to operate a massago school in the city unless that school has qualified
as a "recognized school" as defined in this chapter. If a school so qualifies, it shall be treated as a
massage business for licensing purposes and shall be subject to all provisions of this chapter applicablo
thereto.
Any persons employed in tho school and involved with giving massage for instruction or other
purposes, shall be considered massage technicians for licensing purposes and shall be subject to
provisions of this chapter applicable thereto.
(Ord. NS-430 § 1 (part), 1997)
_5.16.360 - Rules applicablo to certificate holders.
The foHowing rules apply to certificato holders:
A^—No later than three business days before practicing massago in the city of Carlsbad, a certificate
holder shall register with tho city of Carlsbad. A certificate holder must ro register within fivo
business days of submitting information to the California Massage Thorapy Council or its
successor to renew tho certificate holder's nertifin-^itinn Thn rortjfjn^te holder shall, in hic or her
registration form, include the following information:
4.—The certificate holder's name;
EXHIBIT 2 Carisbad, California, Code of Ordinances Page 28
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOUSTIC HEALTH
PRACT1TI0NERS*SERVICES
3r.—A copy of the certificate holder's current, valid certificate;
3^—The certificate holder's business address;
4^—Any other information the city manager deems relevant, consistent with Business &
Professions Code section 4600 et seq.
fe—Nothing in this chapter exempts a certificate holder from an obligation to obtain a business
license from the city of Carlsbad.
C—Within three business days of any change in the information required by subsection A occurs, a
certificate holder who practices massage in the city of Carlsbad shall notify the city manager, or
his or her designee, of this change.
(Ord. No. CS-095, § 2, 7-27-2010)
.5.16.370 • Interpretation.
This chapter shall be construed liberally in favor of regulation as determined if necessary and
appropriate by the chief of police for the public protection and welfare and in order to accomplish its
purpose and intent.
(Ord. NS-430 § 1 (part), 1997)
.5.16.380 Constitutionality.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be
invalid, such decision shall not affect the validity of the remaining portions of this chapter. The council
declares that it would have adopted the chapter and each section, subsection, sentence, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or
phrases be declared invalid.
(Ord. NS-430 § 1 (part), 1997)
(Ord. No. CS-095, § 2, 7-27-2010)
EXHIBIT 2 Carisbad, California, Code of Ordinances Page 29 55