HomeMy WebLinkAbout2013-11-19; City Council; 21429; Ordinance Regulating Massage ServicesCITY OF CARLSBAD - AGENDA BILL
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DEPT.
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11-19-13
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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-234 of the City Council of the City of Carlsbad,
California, repealing the existing Chapter 5.16 ofthe Carlsbad 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 5.16 of the Carlsbad Municipal Code to bring it into
compliance with the provisions of State Senate Bill 731 which created a voluntary state-
wide licensing scheme for massage practitioners and therapists. These new rules were
codified in Business & Professions Code section 4600 et seq. and exempted those who
obtain certificates from the state from certain local regulations of the massage practice.
Since 2010, a number of technical and operational changes have created the need to
further revise and amend numerous sections of Chapter 5.16. Rather than amend each
section individually the Police Department, in conjunction with the City Attorney's Office,
elected to revise the entire chapter and address all ofthe changes at one time.
This proposed change to Chapter 5.16 eliminates licensing redundancy by abolishing
local massage licensing requirements and relying solely upon the State of California
licensing scheme for massage practitioners and therapists. Police Department staff
believes that it is necessary to make these revisions to provide clearer guidelines for
massage establishments and practitioners regarding licensing and operations, to provide
for the orderly and consistent regulation of massage services, to enable consumers to
identify legitimate massage workers and businesses, and additionally to establish
minimum health and safety standards, thus protecting the public interest, health, safety
and welfare of the city.
DEPARTMENT CONTACT: Lt. Matt Magro 760-931-2152 Matt.Magro(@carlsbadca.goy
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
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-234 of the City Council of the City of Carlsbad,
California, amending Chapter 5.16 Massage Services
2. Chapter 5.16 Massage Businesses, Massage Technicians and Holistic Health
Practitioners strikeout/underline.
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ORDINANCE NO. CS-234
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 CaHsbad currently regulates massage services pursuant to
Chapter 5.16 ofthe CaHsbad Municipal Code through a city licensing process; and
WHEREAS, Division 2, Chapter 10.5 ofthe California Business & Professions Code
("B8iP Code"), as amended, requires that cities allow massage services to be provided
without the need for city licenses, other than a regular business license, as long as the
massage therapists and practitioners have acquired a state certification on a voluntary
basis or that a massage business employs only state certified personnel to perform
massage; and
WHEREAS, the California Massage Therapy Council (CAMTC), established pursuant
to the B&P Code, has the goal of elevating the standing of massage practitioners and
therapists in the community by enacting high standards for state certification and
distinguishing legitimate businesses from those businesses that serve as a front for
prostitution or other illegal activities; and
WHEREAS, the city seeks to conform its massage regulations to the requirements
of B&P Code Chapter 10.5, as amended, and rather than acknowledging and maintaining
a dual massage regulatory and licensing process, one administered by the city and the
other through state certification, the city will no longer issue an individual massage
technician or holistic health practitioner license; all such persons and businesses
providing massage services in Carlsbad shall provide proof of state certification; and
Exhibit 1
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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.
NOW, THEREFORE, the City Council ofthe City of CaHsbad ordains as follows that:
SECTION 1: That Chapter 5.16 (Massage Business, Massage Technicians and Holistic
Health Practitioners) ofthe Carlsbad Municipal Code is repealed in its entirety.
SECTION 2: That a new Chapter 5.16 (Massage Services) ofthe Carlsbad 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 Authonty.
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 Heanng.
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.
2 Exhibit 1
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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
for the orderly and consistent regulation of massage services, to enable consumers to
identify legitimate massage workers and businesses, and additionally to establish
minimum health and safety standards, thus protecting the public interest, health, safety
and welfare ofthe city.
5.16.020 Definitions.
For the purpose ofthis 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
propnetor, 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 propnetor.
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 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.
E. "Certificate of Registration - Business" means a certificate issued by the Certificate
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 ofthis chapter.
F. "Certificate of Registration - Individual" means a certificate issued by the
Certificate 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 ofthis chapter.
Exhibit 1
1 G. "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.
H. "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.
I. "Certified Sole Propnetorship" means any massage business where the Owner is
the only person employed or used by that business to provide massage services
g and the owner has a current and valid unconditional State Certification.
9 J. "City" means the City of CaHsbad.
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K. "Massage" means any method of treating the external parts of the body for
11 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
12 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
14 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.
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"Owner" or "Operator" means any and all owners of a massage business including
any of the following persons: the managing responsible officer/employee, a
^9 general partner, a limited partner, a shareholder, a sole propnetor, or any person
who has a five (5) percent or greater ownership interest in a massage business
20 whether as an individual, corporate entity, limited partner, shareholder or sole
proprietor.
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22 M. "Registered Certificate Holder" means a person or business that has been issued a
Certificate of Registration by the Certificate Administrator.
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2^ N. "State Certification," "State Certificate," or "State Certified" means a valid and
current certification properly issued by CAMTC (pursuant to California Business &
25 Professions Code Sections 4600, et seq., as amended) to a Certified Massage
Practitioner.
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Exhibit 1
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5.16.030 Authority.
The Certificate Administrator shall have the power and authority to promulgate rules,
regulations, and requirements consistent with provisions ofthis chapter and other law in
connection with the issuance of a Certificate of Registration. The Certificate Administrator
may designate an employee to make decisions and investigations and take actions under
this chapter.
5.16.040 State Certification and City Certificate of Registration required.
A. It is unlawful for any individual to administer massage in exchange for compensation
or consideration of any type within the City unless that individual is a CAMTC 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
CAMTC 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 penod.
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 ofthis 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 ofthis 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.
Exhibit 1
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D. Massage businesses, massage technicians and holistic health providers that are
subject to the requirements ofthis 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 CaHsbad 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 massage license fee for the
remaining portion ofthe license period. All requests for refunds shall be made in
writing within six (6) months of the 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 business licensing.
5.16.050 Certified Massage Business - Certificate of Registration required.
A. A Certificate of Registration application shall be filed on forms provided by the
Certificate Administrator, submitted under penalty of perjury and shall contain all of
the following information:
1. State Certification Venfication:
a. If a Certified Sole Propnetorship, 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 Certificate 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 Certificate Administrator may require the Certified Massage
Practitioners whom the Applicant/Owner has identified as employees
to personally appear and produce valid and current State Certificates, a
valid and current California driver's license and/or identification card.
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:
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1 1. Acceptable proof that the Applicant/Owner is at least
2 eighteen years of age.
2. Full, true name, and other names used, date of birth and
^ valid and current California driver's license or
4 identification card issued by a state governmental
agency.
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3. One (1) photograph provided by the applicant. The
5 photograph must be in color, pnnted on photo quality
paper, 2x2 inches in size, sized such that the head is
7 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,
9 taken in front of a plain white or off-white background,
and taken in full-face view directly facing the camera.
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4. Current address and all previous residence(s) for the
11 past ten (10) years, including dates at each address.
12 5. Business, occupation, and employment history for ten
(10) years preceding the date of current or proposed
13 employment, the inclusive dates of same; the name and
address of any massage business or other like
establishment owned or operated by any person subject
15 to the background check including but not limited to
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.
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6. Fingerprints, subject to a fee to cover actual costs, to
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equivalent, and may submit additional fee to cover the
20 actual costs for subsequent arrest notice for renewal
applications, to determine whether the
Applicant/Owner has any ofthe following:
22 i. Convictions for any cnme involving conduct which
23 requires registration under California Penal Code
Section 290 (Sex Offender Registration Act);
ii. Convictions of violation of Caiifornia Penal Code
25 Section 653.23 (supervision of prostitute);
iii. Convictions of violation of California Penal Code
Section 647(b) or California Penal Code Section
27 415(3) where the onginal charge was for violation of
California Penal Code Section 647(b).
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Exhibit 1
1 iv. Convictions of cnmes designated in Government
Code Section 51032 (massage - grounds for denial of
license), or any cnme involving dishonesty, fraud,
3 deceit, violence or moral turpitude;
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^ V. Injunctions for nuisances under Penal Code Section
11225-11235 (red light abatement law);
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vi. Convictions in any other state of any offense which,
5 if committed or attempted in this state, would have
been punishable as one or more of the referenced
7 offenses of this subdivision;
8 vii. Conspiracy or attempt to commit any such offense
descnbed in subsections i-v ofthis subpart.
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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
11 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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14 c. Complete description of all massage services to be provided.
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
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e. A description of any other business to be operated on the same
premises, or on adjoining premises, owned or controlled by the
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19 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
22 shall be set forth exactly as shown in its articles of incorporation or
charter together with the state and date of incorporation and the
23 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
25 process.
b. If the Applicant/Owner is a partnership, the application shall set forth
the names and residence address of each of the partners, including
27 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
2^ Clerk. If one or more of the partners is a corporation, the provisions of
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1 this subsection pertaining to corporate applicants shall apply to the
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corporate partner.
c. The Applicant/Owner, corporation or partnership shall designate one
of its officers or general partners to act as its responsible managing
4 officer/employee. Such person shall complete and sign all application
forms required of an individual Applicant under this chapter. The
5 corporation's or partnership's responsible managing officer must, at ali
times, meet ali of the requirements set by this chapter or the
corporation or partnership Certificate of Registration - Business shall be
7 suspended until a responsible managing officer who meets such
requirements is designated and verified. If no such person is found
8 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,
12 Operator, corporation, or partner, which shall include the information
requested in Section 5.16.050(A)(l)(e)(6)(i)-(vil) inclusive and the name
and address of any massage business or other like business owned or
14 operated by any person who is subject to the background check
requirement ofthis subdivision.
4. Authorization for the City of Carlsbad, its agents and employees, to seek
16 information and conduct an investigation into the truth of the statements
set forth in the application and into the background of the
''^ Applicant/Owner, where authorized by this chapter.
18 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
20 codes and regulations. The certificate of compliance must be submitted
prior to the application approval.
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6. Zoning consistency check in writing from City. A zoning consistency check
22 does not confer or authonze any entitlement to a use permit or building
permit or similar, which process, if applicable, is separate from the
23 Certificate of Registration process.
24 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.
26 & Code § 4600, and following, with any local, state, or federal law, or
with the provisions of this chapter may result in the suspension or
27 revocation of the Certificate of Registration - Business.
28 8. Payment of a registration fee, if any, as per Section 5.16.070.
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B. Upon receipt of the application, the Certificate Administrator shall refer the
application for a Certificate of Registration - Business to other City departments for
review and the building official or other designee shall inspect the massage premises,
if any, proposed to be used as a massage business and shall make a written
recommendation to the Certificate Administrator concerning compliance with the
respective requirements.
C. The Certificate Administrator shall have 60 days, after the submission of all required
information, to either issue or deny the application for a Certificate of Registration.
For those applications that are submitted without all the required information, the
Certificate 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 certain. A rejected application, based on failure to submit all
required information, shall not form the basis for a Heanng Section 5.16.200.
5.16.060 Certified Massage Business - Certificate of Registration issuance.
A. The Certificate Administrator shall issue a Certificate of Registration - Business to any
Certified Sole Proprietorship that demonstrates all of the following:
1. That the operation, as proposed, if permitted, complies with all applicable
laws, including, but not limited to, the City's building, zoning, business license,
health regulations, and this chapter.
2. The Owner is a Certified Massage Practitioner and is the same person to whom
the CAMTC issued a valid and current Identification Card.
3. That the Applicant has not made a material misrepresentation in this
application or with respect to any other document or information required by
the City with respect to this application or for an application for a City massage
permit under applicable law within the last five (5) years.
B. The Certificate Administrator shall issue a Certificate of Registration - Business to a
Certified Massage Business that demonstrates all of the following:
1. That the operation, as proposed, if permitted, complies with all applicable
laws, including, but not limited to, the city's building, zoning, business license,
health regulations, and this chapter.
2. The Owner is a Certified Massage Practitioner and is the same person to whom
the CAMTC issued a valid and current Identification Card.
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.
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4. That the Applicant has not made a matenal 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 authonzed 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 cnmes 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
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
Certificate Administrator will provide notification of and the reasons for denial shall
be set forth in writing and shall either be hand delivered to the Applicant/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 Certificate Administrator, the denial shall be final. A request
for hearing is deemed timely ifthe Certificate 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
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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.
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.
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2. The walls shall be clean and painted with an approved washable mold resistant
paint in ali 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. Secunty 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 intenor 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 penods incidental to and
directly related to a massage.
B. Health requirements - linens:
1. Towels, sheets, clothes and linens of all types, and items for personal use of
Operators and patrons shall be clean and freshly laundered and shall not be
used for more than one person.
2. Reuse of such items is prohibited unless the same has first been laundered.
Such items shall not be laundered or dried in any massage 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 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.
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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 onginal application or is different from
what was included in the original application; notification must be made to the
Certificate Administrator, in writing, within ten (10) calendar days of the
change.
5. It is unlawful for any Certified Massage Business or Registered Certificate
Holder to provide a massage betweenlO:00 p.m. and 7:00 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 only
dunng 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 ofthis 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 dunng
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 Certificate Administrator shall give
notice of such violation by means of a written notice. Any resulting written notice
shall set forth the specific violation or violations found, and notify the Registered
Certificate Holder that failure to comply with any notice issued in accordance with the
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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 Certificate Administrator may
establish a specific and reasonable penod of time for the correction ofthe 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
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 ofthe Certificate Administrator. A written application for such a transfer shall be
made to the Certificate Administrator. The application for such transfer shall contain the
same information as required herein for an initial application for a Certification of
Registration as set forth in Section 5.16.050. In the event of denial of such transfer,
notification of and reasons for denial shall be set forth in wnting 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 Certificate Administrator any and all changes of address or ownership of the
Certified Massage Business and any changes of Certified Massage Practitioners employed
in or providing massage services to the massage business.
5.16.150 Certificate of Registration - Individual; 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 tothis chapter and a CATMC Identification
Card. This section does not apply to individuals specifically exempted pursuant to the
provisions ofthis chapter.
B. The Certificate 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
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2. A valid and current CAMTC Identification Card.
C. In the event of a denial of issuance of a Certificate of Registration - Individual, the
Certificate Administrator will provide notification of and the reasons for denial shall
be set forth in writing and shall either be hand delivered to the Applicant or sent by
registered or certified mailed. The Applicant shall, at the Applicant's election, have the
nght to receive a heanng as set forth in Section 5.16.200. If such a heanng is not
requested within ten (10) calendar days of the notice of denial by the Certificate
Administrator, the denial shall be final. A request for hearing is deemed timely if the
Certificate Administrator received said request by close of business on the tenth
(10th) calendar day.
D. A Certificate of Registration - Individual shall not be transferable.
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 Certificate
Administrator to renew such registration within sixty (60) days pnorto expiration and
shall apply to the Certificate 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 Certificate 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 Certificate
Administrator to renew such registration within thirty (30) days prior to expiration of
the Certificate of Registration and shall apply to the Certificate 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 Certificate Administrator may extend the Certificate of Registration one
time dunng 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 Certificate Administrator within thirty (30) days after expiration, the Certificate of
Registration shall be deemed expired and no privilege to provide massage services in
Carlsbad shall exist. Renewals shall be processed and investigated and the
Applicant/Owner is required to submit that information which has changed from the
last application or renewal.
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 Certificate Administrator will provide notification of and the
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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 nght to receive a heanng as set
forth in Section 5.16.200. If such a hearing is not requested within ten (10) calendar
days ofthe notice of denial by the Certificate Administrator, the denial shall be final. A
request for heanng is deemed timely if the Certificate Administrator received said
request by close of business on the tenth (10th) calendar day.
5.16.170 Grounds for suspension or revocation of Certificate of Registration -
Business.
The Certificate Administrator may suspend or revoke a Certificate of Registration issued
to a Certified Massage Business or Certified Sole Propnetorship upon any ofthe 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 ofthe 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.
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The Certificate 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.
5.16.190 Suspension or revocation of Certificate of Registration.
In the event that the Certificate Administrator determines that any ofthe grounds
identified in Section 5.16.170 or 5.16.180 exists for the suspension of revocation of a
Certification of Registration, the Certificate 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 heanng
with the Certificate Administrator which is received by the Certificate Administrator
within fourteen (14) calendar days ofthe date ofthe notice. A request for hearing is
deemed timely ifthe Certificate Administrator received said request by close of business
on the fourteenth (14th) calendar day. Ifthe request for heanng is timely received, the
Certificate 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
Certificate Administrator or any Registered Certificate Holder who has received a notice
of intent to suspend or revoke a Certificate of Registration may request a heanng.
A. Upon receipt of a timely written request for hearing, the Certificate Administrator
shall schedule a heanng 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 heanng 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 nght 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
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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 heanng
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 heanng, the
evidence of the existence of facts which constitute grounds for denial, suspension or
revocation ofthe Certificate of Registration shall be considered un-rebutted.
E. Notice of the decision shall be given in the same manner as for the heanng and shall
specify findings of fact and the reasons for the decision. The heanng officer shall
inform the party against whom the decision is rendered of his or her nght to appeal to
the city council pursuant to this chapter.
5.16.210 Appeal.
Within ten days after receipt of the decision of the heanng officer, any party affected by
the decision may file with the city clerk a written request for a public heanng before the
city manager. 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 heanng at least five days before the heanng 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 heanng, the city manager shall either grant or deny the appeal,
and the decision ofthe city manager shall be final.
5.16.220 Reapplication after denial.
No reapplication for a Certificate of Registration will be accepted within one year after an
application or renewal is denied or a Certificate of Registration is revoked, provided that,
if a Certificate of Registration - Business is denied for the sole reason that a Certified
Massage Practitioner does not possess the required state certification, reapplication may
occur when the required certification is obtained.
5.16.230 Public nuisance.
A Certified Massage Business operated, conducted, or maintained contrary to the
provisions of this chapter shall be unlawful and a public nuisance, and the City 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 ofthis chapter, every person, whether
acting as an individual, Owner, employee ofthe Owner, Operator, or employee ofthe
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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
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 forthe 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 ofthis chapter is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portions ofthis
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 Carlsbad within
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the _!ithday of November . 2013, and thereafter,
///
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1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of CaHsbad on the dayof , 2013, by the following vote to wit:
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ABSTAIN:
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AYES:
NOES:
APPROVED AS TQ FORM AND LEGALITY
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
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BARBARA ENGLESON, City Clerk
(SEAL)
2:
Title 5 - BUSINESS UCENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC HEALTH
PRACTITIONERS*SERVICES
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC
HEALTH PJlACTITIONERS*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 Reaistration reauired
5.16.045 - Compliance period
5.16.050 - License application- Certified Massace business - Certificate of Reaistration reauired
5.16.055 Change in massage business manager.
5.16.060 - Investigation foo Certified Massage business - Certificate of Registration issuance
5.16.070 - License investigation—Massage business. Registration fee
5.16.080 - Issuance or denial of licenso. 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 facilitios. Health and Safety reguirements
5.16.105 Massage businesses operating requirements.
5.16.110 - Display of licensos. Inspection bv Citv officials and notices of violation
5.16.120 - Name of buslnoss. Display 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 chances
5.16.150 - Inspection. Certificate of Registration - Individual Massage Practitioner: non-transferable
5.16.160 - Massagist licensoos to be employod. 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 treatmontc. Grounds for suspension or revocation of Certificate of Registration -
Individual
5.16.190 - Massage technician or holistic health practitioner liconse reguirod. Suspension or revocation of
Certificate of Registration
5.16.200-Hearing
5.16.210 - License application—Massago tQchnician and holistic health practitionor. Appeal
5.16.215 Investigation foo Massage technician and holistic health practitionor.
5.16.220 - License investigation and issuance Massago technician and holistic health practitionor.
Reapplication after denial
5.16.225 Conditional issuanco of liconso.
EXHIBIT 2 Carlsbad, California, Code of Ordinances Page 1
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC HEALTH
PRACTITIQNERS*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.
5.16.340 - 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 safety 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
IjtleS (Sections 51030 through 51034) of the California Government Code and other applicable laws.
(Ord. NS-430§ 1 (part), 1997)
(Ord. No. CS-095, § 2, 7-27-2010)
EXHIBIT 2 CaHsbad, California, Code of Ordinances Page 2
^5
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC HEALTII
PRACTITIONERS*SERVICES
5.16.020-Definitions.
For the purpose of this chapter, the following words and phrases shall have the following meanings-
ascnbod to them in this section: ^
^- "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
qreater ownership interest in a massage business whether as an individual, corporate entity.
limited partner, shareholder or sole proprietor."MaRSfigri" mn.mc tho oHminiotrntj^n hy any
person of any method or procedure of exerting or applying pressure, friction, moisture, heat or
cold to the external 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 moans and with or without the use of any ointmonts, liniments, oils, alcohols or
other substancos as may bo prohibited by state law. Massago includes practicos by holistic
health practitioner or other similar professions or avocations that othenA/ise meet this dofinition.
^- "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" mnnng -^ny h.irinooc np operation wherein a maccago ic
administered or permitted to bo administnrnri fjither r.opnntely or in conjunction with the
business of giving any Turkish, Russian, Swedish, vapor, sweat, electric, salt, showor sponge
or any other kind or charactor 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.
^- "CAMTC Identification Cards" or "Identification Cards" means the cards issued bv CAMTC to a
Certified Massage Practitioner."Massngn t^nhnininn" moonc- nny p^r??n who hjc obtained a
massage technician's license pursuant to this chaptor=
"Certificate of Registration - Business" means a certificate issued by the Permit Administrator
upon submission of satisfacton/ evidence as reauired that a massage business or SOIR
propnetorship employs or uses onlv certified massage therapists or practitioners possessing
valid and current State Certifications and has satisfied all other requirements pursuant to the
previsions of this chapter."Health officer" means tho health efficor of tho county or his
authorized representative.
^- Certificate of Registration - Individual" means a certificate issued bv the Permit Administrator
upon submission of satisfactorv 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 chanter "Holietin hnnith prr^rtitinnnr" rr^nnnc^ nny p^^nnn who hac obtained 3
holistic health practitioner's license pursuant te this chapter.
^- "Certified Massage Business" means any business where the onlv persons employed or used
by that business to provide massage services have current and valid State Certifications 'xm.
premises massage" means the activity of providing massage services at a location other than
the promises designated in the license of a massage business pursuant to this chapter.
^- "Certified Massage Practitioner" means anv person holding a current and valid State Certificate
issued by the CAMTC (pursuant to Califomia Business and Professions Code Sections 4600
and followinq, as amended), whether as a massage oractitioner or massaoe therapist, as
defined therein.-Recegnized school" moans nny rrhnni nr inrtitntinn nf lonming which hac for itc
purpose the teaching of a course concisting of tho theory, ethics and practice methods
profession or worl( of massage in net loss thnn thrpn minnHnr rr^nnthr, and which cchool or
institution of learning requires a resident massage technician or holistic health practitionor bo
fumished with a diploma or certificate ef graduation from such school or institution of leaming
showing successful completion of such courco of ctnriy nimnriy oppmyn^ the Califomia State
^^''^'^'"'"^ Carlsbad, California, Code of Ordinances Page 3
2^
Title 5 - BUSINESS UCENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC HEALTH
PRACTITIONERS*SERVICES
Department of Education or other comparable agency in another state. Schools offering
correspondence courses not requiring actual attendance at class shall not be deemed a
recognizod 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 nrnas" mennr. hnm.nn
genitals, pubic region, anus, perineum er female breasts below a point immediately above tho
top of the areola.
'• "City" means the Citv of Carlsbad."License" means n llnnnRe nht.ninnri frnm thn nhiof nf pnjjnn
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 anv 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 anv 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 commonlv
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 soq. practice massage.
^—"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.
^—"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.
M. "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 properlv issued bv CAMTC (pursuant to California Business & Professions Code
Sections 4600, et seg.. as amended) to a Certified Massaoe Practitioner.
(Ord. NS-560 § 1, 2000; Ord. NS-430 § 1 (part), 1997)
(Ord. No. CS-095, § 2, 7-27-2010)
5.16.030 - Massago business licenso roquirod.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 engngn in" rnnHiirt_ n^rry on or pormit
to be engaged in, conducted, or carried on, in or upon or within any premises in the city a massago
business unless a licenso for tho operation of the massago business has boon issued to the person by
the chief of police and unless the license remainr. in effert in rnnfnrmity with the provisienc of thic
EXHIBIT 2 Carlsbad, California, Code of Ordinances Page 4
?7
Title 5 - BUSINESS UCENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOUSTIC HEALTH
PRACTITIONERS*SERVICES
chapter. Except as provided in Section 5.16.085. anv license issued pursuant to this section shall be valid
for five years from the date of issuance, unless suspended or revoked.
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 anv 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 en. 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 othenA/ise 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 Citv 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. Massage businesses, massage technicians and holistic health providers that are subiect to the
reguirements 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 subiect to the
reguirements of this chapter, and that have a current and valid City massage business license or a
current and valid Citv massage 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 Citv massage license fee for the remaining portion of the
license period. All reguests for refunds shall be made in writing within six (6) months of the effective date
of this ordinance and will be paid to the licensee within sixty (60) days of the reguest. All reguests for
refunds shall be directed to the Permit Administrator.
(Ord. NS-560 § 2, 2000: Ord, NS-430 § 1 (part), 1997)
EXHIBIT 2 CaHsbad, California, Code of Ordinances Page 5
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOUSTIC HEALTH
PRACTITIONERS*SERVICES
5.16.050 - License application—Massage business. Certified Massage Business -
Certificate of Registration required
A. A Certificate of Registration application shall be filed on forms provided bv the Permit
Administrator, submitted under penalty of periury and shall contain all ofthe 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 onlv Certified Massage
Practitioners along with copies of valid and current State Certificates for all Certified Massage
Practitioners employed or who will be employed bv the Massage Business and copies of their current and
valid CAMTC Identification Cards.
c. The Permit Administrator mav reguire 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 mav reguire 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 bv any Applicant/Owner who is not State Certified and
who owns or will own five (5) percent or more of the 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 bv the applicant. The photograph must be in color, printed on photo
guality 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 background, 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 (10) years preceding the date of current or
proposed employment, the inclusive dates of same; the name and address of anv massage business or
other like establishment owned or operated bv any person subiect to the background check including but
not limited to history, if any, with anv agency, board, citv, 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 mav submit additional fee to cover the actual costs for subseguent arrest
notice for renewal applications, to determine whether the Applicant/Owner has any of the following:
EXHIBIT 2 CaHsbad, California, Code of Ordinances Page 6 ^1
Title 5 - BUSINESS UCENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC HEALTH
PRACTITIONERS*SERVICES
1. Convictions for anv 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 (massage - grounds for
denial of license), or any crime involving dishonesty, fraud, deceit, violence or moral turpitude:
V. Iniunctions for nuisances under Penal Code Section 11225-11235 (red light 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 of the 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 ofthe following;
a. The full true name under which the massage business will be conducted. The mailing address for
the present or proposed massage business.
b. The present or proposed address where the massage services will be conducted.
c. Complete description of all massage services to be provided.
d. The name and address of any massage business or other like business owned or operated bv
any person whose name is reguired to be given pursuant to this section.
e. A description of any other business to be operated on the same premises, or on adjoining
premises, owned or controlled bv the Applicant/Owner.
f. The name and address of the owner and lessor of the real property, if anv. upon or in which the
massage business is to be conducted.
3. Corporate information - Applicant/Owner provide all of the followina:
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 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
process. ^ —
b. If the Applicant/Owner is a partnership, the application shall set forth the names and residence
address of each of the partners, including limited partners. If the applicant is a limited partnership, it shall
furnish a copy of its certificate of limited partnership as filed with the Countv Clerk. If one or more of the
partners is a corporation, the provisions ofthis subsection pertaining to corporate applicants shall applv to
the corporate partner.
c. The Applicant/Owner, corporation or partnership shall designate one of its officers or general
partners to act as its responsible managing officer/employee. Such person shall complete and sian all
application forms required of an individual Applicant under this chapter. The corporation's or partnership's
responsible managing officer must, at all times, meet all of the reguirements set bv this chapter or the
corporation or partnership Certificate of Registration - Business shall be suspended until a responsible
managing officer who meets such reguirements is designated and verified. If no such person is found
within ninety (90) davs. 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
EXHIBIT 2 CaHsbad, California, Code of Ordinances Page 7
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOUSTIC HEALTH
PRACTITIONERS*SERVICES
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 anv massage business or other like
business owned or operated bv any person who is subiect to the background check reguirement of this
subdivision.
4. Authorization for the City of Carlsbad, its agents and employees, to seek information and conduct
an investigation into the truth of the statements set forth in the application and into the background of the
Applicant/Owner, where authorized by this chapter.
5. A certificate of compliance from the City's building official (or other compliance person as
designated bv the Citv 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 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 of the business and that failure
to comply with Cal. Bus. & Prof. Code § 4600. and following, with anv local, state, or federal law, or with
the provisions of this chapter may result in the suspension or revocation of the Certificate of Registration -
Business.
8. 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 reguirements.
C. The Permit Administrator shall have 60 davs, after the submission of all reguired information, to
either issue or deny the application for a Certificate of Registration. For those applications that are
submitted without all the reguired information, the Permit Administrator, in his or her sole discretion, mav
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 license shall be submitted
to the chief of police and shall contain the following information:
A:—A definition of sen/ices to be provided;
B-.—The location and mailing address of the proposed business;
Q-.—The name and residence address and phone number ofthe 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;
E:—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 5.16.060. The owner(s) or
lessor(s) of the premises upon which the massage business is to be conducted may, at the
discretion of the chief of police, be required to submit an application, if such owner(s)/lessor(s)
EXHIBIT 2 Carlsbad, California, Code of Ordinances Page 8
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECIINICIANS AND HOLISTIC HEALTI I
PRACTITIONCRS*SERVICES
has any association or affiliation with tho massage business in addition to an ownership in the
business premises;
F^—The previous address of the applicant, if any, for a period of fivo years immediately prior to the
date of tho application and tho dates ef residences at each;
^-—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 tho applicant;
'^^—A complete set of the applicant's fingerprints and a photograph which shall be taken by the chief
of police er his agent;
^-—Business, occupation or employment history of tho applicant for the fivo 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 tho applicant has had a massage business license a
massage technician or holistic health practitioner license, or a similar liconso denied revoked
or suspended by any public agency and, if so, the reasons for and the circumstances
surrounding tho denial, revocation or suspension;
M. All criminal convictions, other than minor traffic violations, with a full explanation of tho
circumstances thereof for the massage business manager, the operator and the owner
including all partners, corporate officers and directors;
N. At tho discretion of the chief of police, the applicant may bo required to submit the name and
address of each massage technician er holistic health practitioner who is or will be employed in
the business;
O. Such other identification and information necnr.r..nry tn Hiorn^,>nr the truth of the mattcrc
hereinbefore specified as required to be set forth in the application.
(Ord. NS-560 § 3, 2000; Ord. NS-430 § 1 (part), 1997)
.5.16.065 - Change in maosage business managor.
. 'f the owner of a mascogo business is not acting as the manager of tho business and thero is a
change in managers, the now managor shall submit information required for a massago business
app ication to the chief of police or hic agent within thirty days of becoming the now managor Tho
application information must be accompanied by an investigation fee pursuant to Section 5 16 060 No
other liconso fee pursuant to this chapter shall bo required due to a change in massago business
managers if the manager is not the business owner.
(Ord. NS-430 § 1 (part), 1997)
5 ''6.060 - Investigation foo Massago buslnoss. Certified Massage Business - Certificate
of Registration issuance
§— The Permit Administrator shall issue a Certificate of Registration - Business to any Certified Sole
Propnetorship that demonstrates all of the following- " ^
, ^; 7^.!^ the operation, as proposed, if permitted, complies with all applicable laws, including, hut not
limited to, the City s building, zoning, business license, health regulations, and this ch^^ptPr
^^^'^'''"2 CaHsbad, California, Code of Ordinances Page 9
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOUSTIC HEALTH
PRACTITIONERS*SERVICES
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
anv other document or information required by the City with respect to this application or for an
application for a Citv massaoe permit under applicable law within the last five (5) years.
B. The Permit Administrator shall issue a Certificate of Reqistration - Business to a Certified
Massaoe 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 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 onlv 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
anv other document or information reguired by the City with respect to this application or for an
application for a Citv massage license under applicable law within the last five (5) years.
5. That the background check for anv Applicant/Owner authorized bv 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 jurisdiction
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 any agency, board, citv, county, territory, or state, denied, revoked,
restricted, or suspended within the last five (5) years: and has not been subiect 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 bv 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 reouested within ten (10) calendar davs of the notice of denial
bv the Permit Administrator, the denial shall be final. A reguest for hearing is deemed timely if the Permit
Administrator received said reguest bv 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, the 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 anv. shall be set by resolution ef the Citv Council and shall be reguired 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 Reqistration - Business.Upon receipt of a completed application nnd fpp tha rhinf nf
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 CaHsbad, California, Code of Ordinances Page 10
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC 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 date, shall
inspect the premises proposed to be devoted to the massage businesses and shall make separate
recommendations to the chief of police concerning compliance 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 license.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 Reqistration (Individual or Business) is a condition precedent to the qrantinq of
such a City business license. Upon the issuance of a Certificate of Reqistration pursuant to this chapter,
the Applicant/Owner shall apply for and furnish the information necessarv 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 reguired to obtain a City
business license. The business license fee shall be commensurate with the business license fee charged
to other professionals as established bv 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;
B-.—That the applicant er, 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
2r.—Convicted in a court of competent jurisdiction of:
a—An offense involving the use of force or violence upon the person of another;
br—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
Penal Code;
G;—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 the above or would be grounds for denial, suspension, or revocation of a
license under this chapter;
Q-.—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
Er.—That the applicant has met all of the requirements of this chapter.
EXHIBIT 2 CaHsbad, California, Code of Ordinances Page 11 i
Title 5 - BUSINESS LICENSES AND REGUUTIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECI INICIANS AND HOLISTIC HEALTI I
PRACTITIONEnS*SERVICES
. . one or more of tho above findings cannot be made, the liconse shall be denied However in
determining whether tho above findings can be made, the chief of police shall disregard events that
occurred more than seven years priorto the application date ifthe applicant demonstrates rehabilitation.
^. In the event of denial, notification of and tho reasons for denial shall bo sot forth in writing by tho
chief of police and shall bo either hand delivered to tho applicant or sent by registored or certifiod mail
The applicant shall, at the applicant's election, have the right to rocoivo a hearing before tho city manager
or the city manager's designee pursuant to thn prnuicinnc nf thir n^npt^r If ouch a hearing ic not
requested within ten days of the notice of denial hy thp rhipf nf pn|jnp the denial shall bc final.
(Ord. NS-560 § 4, 2000: Ord. NS-430 § 1 (part), 1997)
.5.16.085 Conditional issuanco of liconso.
The chief of police may condition tho issuanco of a massage business liconso ac nocossary to carry
out tho purposes of this chapter, including, but not limited to, reducing the term of tho licenso to less to^
five years.
(Ord. NS-560 § 5, 2000)
^•''^•^^^ • Reapplication aftor donial. Exemptions from reguirement for Certificate of
Registration - Business and Individual
The provisions of this chapter shall not applv to the following classes of persons or businesse.s while
engaged in the performance of their duties-
, A- Physicians, surgeons, chiropractors, osteopaths, nurses or anv physical therapists duly licensed
licenTer^ respective professions in the State of California and working within the scope of their
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, evcent that this
provision shall apply solely to the massaging of the neck, face, hands and feet, and/or scaln"7^
customers, and this exception shall not apply to full body work or full body massage
p C. Hospitals, nursing homes, sanatoriums, or anv other health facilities dulv licensed bv 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 scooeof their employment
. E. Trainers of amateur, semi-professional or professional athletes or athletic teams while ennaninn
in their training responsibilities for and with athletes: and trainers working in coniunction with a snecific
athletic event such as an outdoor road or bike race
^ ^- .^^^'^'"^ ^^^^^^ spa, gymnasium, or other similar facilitv desioned or intended for nenprai
physical exercise or conditioninq in which the furnishing of massage or bathing services or facilities is
subordinate and incidental, except that the person performing massaoe services shall obtain a St^
Certification and Citv Certificate of Registration in conformance with this chapter.
An applicant whose massage business license application is denied under this chapter mav not
reapply for a license until one year after tho date the denial is final.
(Ord. NS-560 § 6, 2000)
EXH'^'"*"^ CaHsbad, California, Code of Ordinances Page 12
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC HEALTH
PRACT1TI0NERS*SERVICES
5.16.100 - Massage business facilities. Health and safety reguirements
All premises of Certified Massage Businesses shall be subiect to periodic inspection bv the citv at
any time and without prior notice for compliance with health, safety, and building standards and all such
establishments shall complv with the following reguirements:
A^ Health and safety reguirements - 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 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 bv 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 anv bedroom
or sleeping guarters. Nor shall anv person sleep in such massage business establishment except for
limited periods incidental to and directiv 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 anv 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.
C. 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 anv patron or the breasts of anv female patron or for anv Operator of a massage business to allow or
permit such massage.
3. It is unlawful for anv 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 anv 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
of the change.
EXHIBIT 2 CaHsbad, California, Code of Ordinances Page 13
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOUSTIC HEALTII
PRACTITIONERS*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 clearlv 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 massaoe premises. The message services shall be described in English
and may also be described in such other languages as the business chooses. No massaoe business
Operator shall permit, and no person employed or retained bv the Certified Massage Business shall offer
to perform, any massaoe services or fees otherthan those posted.
7. It is unlawful for anv Certified Massage Business or anv Registered Certificate Holder. Owner.
Operator, or responsible managing officer/emplovee to violate any reguirements of this chanter
license to conduct a massage business shall be granted and no massage business shall practice
massage unless an inspection by tho city reveals that the 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 tho building codo ef the city and, in
addition, at least one artificial light of not less than sixty watts shall be provided in each room or
enclosure whore massage services are performed on patrons. This subsection does not apply
to certificate holders.
^—Minimum ventilation shall be provided in accordance with the building code of the city. However
nothing in this subsection shall require certificate holder to maintain any higher standards than
apply to other professionals or personal sorvicos.
D. Recognizable and legible signs shall be posted at all exits identifying each such exit in
accordance with tho fire codo 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 services.
^-—Equipment approved by the health department for disinfecting and sterilizing instruments usod
in performing acts of massago shall be provided.
G. Closed cabinets shall be provided and utilized for the storage of clean linen, except that
certificate holders need not provide any additional facilities over and above those required by
applicable law for other professional or personal services.
H. Adequate bathing, dressing, locker and toilet fncilitinr. r.haii hp prnyjrjpri for patrons. A minimum
of one tub or shower, ono dressing room containing a separate locker for each patron to be
served, which locker shall bo 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 fnriiitipo rhnll be provided for male and
female patrons; further, in those businesses where steamrooms or sauna baths are provided if
male and female patrons are to be sen/ed simultnnnnuciy cpp^^rnto ?teamroomc or cauna
rooms shall be provided for male and female patrons. However, nothing in this subsection shall
reguire certificate holders to maintain any highpr rtnnHnrr)c r.y^^ ^nd nhovc thocc required by
applicable law for other professional or personal services.
EX'^'^''^"^ CaHsbad, California, Code of Ordinances Page 14
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Title 5 - BUSINESS UCENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC HEALTH
PRACTITIONERS*SERVICES
^-—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
compartmonts, 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 te maintain any higher standards over and
above those required by applicable law for other professional or personal services.
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 te comply therewith.
(Ord. NS-430 § 1 (part), 1997)
(Ord. No. CS-095, § 2, 7-27-2010)
6.16.105 • Massago businesses operating requirements.
The operating requirements for massage businesses are as follows:
A^—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 employee, 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 spocified
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.
C:—No owner, operator, responsible managing employee, manager or permittee in charge of or in
control of a massage business shall permit any employee to be on the promises of a massago
business during its hours of operation of a rnassage business unless the employee is fully
covered from a point not to exceed four inches above tho center of the knoocap to the base of
EXHIBIT 2 CaHsbad, California, Code of Ordinances Page 15
1-^
Title 5 - BUSINESS UCENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC HEALTH
PRACTITIONERS*SERVICES
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 the point is
fully covered to the 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 C(3ndition.
&—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 sen/ice 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.
E—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 licenses. Inspection by City officials and notices of violation
A. The investigating officials of the Citv, including the San Diego Countv 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 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 anv 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 anv future violation of this
chapter mav 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.Every 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 business. Display of signs and Certification of Registration
A recognizable and legible siqn 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 employed in or providing massage services to the massage
business in an accessible and conspicuous place on the premises. No person licensed to do business as
provided in this chapter shall operate under any name or conduct his business under any designation not
specified in his license.
EXHIBIT 2 CaHsbad, California, Code of Ordinances Page 16
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Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOUSTIC HEALTH
PRACTITIONERS*SERVICES
(Ord. NS-430 § 1 (part), 1997)
5.16.130 - 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 reouired 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 chango 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 the
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 immediatelv to the
Permit Administrator anv and all changes of address or ownership of the Certified Massaoe Business and
any changes of Certified Message Practitioners employed in or providing massage services to the
massage business. Upon the sale or transfer of any interest in a massage business, tho license for that
business shall be null and void. A new application shall be made by any person desiring to own or
operate tho massage business. An application fee of fifty dollars shall be payable for each such
application. If the location of tho licensed promises is to be changed, the applicant shall also pay the
change of location foe required by Section 5.16.130.
(Ord. NS-430 § 1 (part), 1997)
5.16.150 - Inspoction. Certificate of Registration - Individual; non-transferable
^ It is unlawful to practice massage for any form of consideration as a principal, employee, aoent 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
specificallv exempted pursuant to the provisions of this chapter.
~ The Permit Administrator shall issue a Certificate of Reaistration - Individual to anv Certified
Massage Practitioner who demonstrates the followina:
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 Reaistration - Individual, the Permit
Administrator will provide notification of and the reasons for denial shall be set forth in writina and shall
either be hand delivered to the Applicant or sent bv reoistered or certified mailed. The Applicant shall, at
the Applicants election, have the rioht to receive a hearina as set forth in Section 5 16 200 If such a
heanng is not reguested within ten (10) calendar davs of the notice of denial bv the Permit Administrator
the denial shall be final. A reguest for hearing is deemed timely if the Permit Administrator received said
reguest bv close of business on the tenth (10th) calendar dav. ~" ~
^ A Certificate of Registration - Individual shall not be transferable.
EX'^'^'T2 CaHsbad, California, Code of Ordinances Page 17
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOUSTIC HEALTH
PRACTITIQNERS*SERVICES
Representatives of the city departments of building inspection, housing, fire, police and health shall have
the right to enter the 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 licensees to be employed. 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 anv 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.
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 ef Registration within thirty (30) days after anv
change in the registration information, including, but not limited to a change in the mailing or work
address. The Permit Administrator mav 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 reouired 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 massage services in Carlsbad shall exist. Renewals shall be
processed and investigated and the Applicant/Owner is reguired 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 reguired 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 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 day.
No massage business licensee shall employ, or otherwise allow, any person to perform as a massage
technician or holistic health practitioner who is not se licensed under the terms of this chapter.
(Ord. NS-430 § 1 (part), 1997)
EXHIBIT 2 CaHsbad, California, Code of Ordinances Page 18
Title 5 - BUSINESS UCENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOUSTIC HEALTH
PRACTITIONERS*SERVICES
5.16.170 - Massagos at permitted locations only. Grounds for suspension or revocation
of Certificate of Registration - Business
The Permit Administrator mav suspend or revoke a Certificate of Reqistration issued to a Certified
Massaoe Business or Certified Sole Proprietorship upon anv of the followinq grounds:
^ A Reoistered Certificate Holder is no lonoer in possession of a current and valid State
Certification.
^ A non-certified Owner. Operator, corporation, or partner who owns 5% or more of the massaoe
business has been convicted of a crime that would have caused denial of the Certificate of Reqistration.
^ A Registered Certificate Holder has made a material misrepresentation on the application for
Certificate of Registration or renewal.
^ 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.
^ The Registered Certificate Holder employs or uses non-certified massage technicians to perform
massage services.
£ Violations of this chapter or of Cal. Bus. & Prot Code sections 4600. and following, have
occurred on the massage business premises.
The Registered Certificate Holder has failed to complv with one or more of the health and safety
reguirements under this chapter.
tL 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 ef massages at hours other than these is prohibited.
(Ord. NS-430 § 1 (part), 1997)
5.16.180 - Records of troatmonts. 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 of the following grounds:
A. Registered Certificate Holder - Individual is no longer in possession of a current and valid State
Certification or CAMTC Identification Card:
B. The Registered Certificate Holder - Individual has engaged in fraud, misrepresentation, or false
statements in obtaining or maintaining a Certificate of Registration.
Every person operating a massago business under a license issued pursuant to this chapter shall
keep a record of the date and hour of each treatment, the name and address ef tho patron, and the name
of the employee administering such treatment. The record shall bo open to inspection by oiFficials charged
with the enforcement of these previsions 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 CaHsbad, California, Code of Ordinances Page 19
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC HEALTH
PRACTITIONERS*SERVICES
misdemeanor and such officer or employee shall be subject to the penalty provisions of this codo in
addition to any other penalties provided by law. The records shall bo maintained for a period of ninety
days.
(Ord. NS-430 § 1 (part), 1997)
5.16.190 - Massago tochnician or holistic health practitionor liconso roguirod. Suspension
or revocation of Certificate of Registration
l".?!^^ ^^^^^ ^^^^ ^^^^^ Administrator determines that anv of the arounds identified in Section
5.16.170 or 5.16.180 exists for the suspension of revocation of a Certification of Reaistration, the Permit
Administrator shall notify the Reoistered Certificate Holder in writina of the intended action and the
reasons therefor, and of the right to reguest a hearing in regard thereto. The action indicated in the
wntten notice shall be final unless the Reoistered Certificate Holder files a written reouest for hearina with
the Permit Administrator which is received bv the Permit Administrator within fourteen (14) calendar davs
of the date of the notice. A reguest for hearing is deemed timely if the Permit Administrator received said
request by close of business on the fourteenth (14th) calendar dav. If the reouest for hearing is timely
received, the Permit Administrator shall proceed in accord with Section 5.16.200 No pereon chall
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 16 225
any license issued pursuant to this section shall bo valid for five years from tho date of issuanco unless
suspended or revoked. '
(Ord. NS-560 § 7, 2000: Ord. NS-430 § 1 (part), 1997)
EXH'^'T2 CaHsbad, California, Code of Ordinances Page 20
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC HEALTH
PRACTITIONERS*SERVICES
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, bv the Permit Administrator or any
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 reouest 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 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 anv facts which constitute grounds for denial, suspension or revocation of a
Certificate of Registration. The notice shall include the date, time and place of the hearing.
B. The hearing shall be conducted bv a hearing officer appointed bv the citv 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 bv 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 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 of the Certificate of
Registration shall be considered un-rebutted.
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 citv council pursuant to this chapter.
5.16.210 - License application—Massage tochnician and holistic health
practitioner.Appeal
Within ten days after receipt of the decision of the hearing officer, any party affected bv the decision
may file with the city clerk a written reguest for a public hearing 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 davs before the heanng date.
At the hearing, anv person may present relevant evidence in opposition to. or in support ot appellants
case. At the conclusion of the hearing, the citv council shall either grant or deny the appeal, and the
decision of the city council shall be final.
Except for a certificate holder, each application for a massage technician or holistic health
practitioner license shall be submitted to the chief of police and shall contain the following information:
EXHIBIT 2 CaHsbad, California, Code of Ordinances Page 21
Title 5 - BUSINESS UCENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC HEALTH
PRACTITIONERS*SERVICES
A:—The applicants full name, residence address and telephone number;
^-—The name and address and telephone number of tho massage business where the applicant is
to be employod and the name of the owner of same;
C^—The names and addresses of any and all previous businesses where the applicant has been
employed as a massage technician or holistic health practitionor;
^-—The criminal record, if any, other than minor traffic violations, of the applicant;
E^—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 applicants 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;
^-—Applicant must furnish a diploma or certificate of graduation from a recognized school or other
institution of learning wherein tho 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 tho
right to confirm the fact that the applicant has actually attended classes in a recognized school
forthe aforementioned minimum time periods. In lieu ofthe foregoing educational requirements,
an applicant for a massago technician license may submit verifiable written proof that he er she
has actually been engaged in practice as a massage technician for not less than one year and
has passed tho national certification examination for massage therapists and bodywork;
^- Before a license is issued to a holistic health practitioner, tho 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 bo established by a resolution of the city council. The decision of the city council
shall be final;
^-—Before a license is issued to a holistic health practitioner, the applicant shall deliver a policy of
insurance in an amount established by resolution of the city council, from a carrier admitted and
authorized to do business in California, 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 Carlsbad, California, Code of Ordinances Page 22
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC HEALTH
PRACTITIONERS*SERVICES
.5.16.215 - Investigation fee—Massage 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 practitioner or massage technician license to defray in part the costs of
investigation. The fee shall not be in lieu ot 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 issuanco—Massage technician and holistic health
practitioner. Reapplication after denial
No reapplication for a Certificate of Registration will be accepted within one vear 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:
A:—That the applicant has not been the subject of a permanent injunction issued under California
Penal Code sections 11225 et seq. ora similar law in another jurisdiction;
&—That the applicant has not been convicted in a court of competent jurisdiction et
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 2661, 315, 316, 318, or Subdivision (b) of Section 647 of the Penal
Code;
3;—Any felony offense involving the sale of a controlled substance specified in Section 11054,
11055, 11056, 11057, or 11058 ofthe California Health and Safety Code; or
A-.—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, er in connection
with the application process;
O:—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
&—That the applicant has met all of the requirements of this chapter.
If one or more 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 fer 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 applicants election, have the right to receive a hearing before the city manager
EXHIBIT 2 CaHsbad, California, Code of Ordinances Page 23
Title 5 - BUSINESS UCENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC HEALTH
PRACTITIONERS*SERVICES
or the city manager's designee pursuant to tho 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 donial shall be final.
(Ord. NS-560 § 9, 2000; Ord. NS-430 § 1 (part), 1997)
.5.16.226 - 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 ef this chapter, including, but not limited to, reducing the
term of the license to less than five 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 thereot in a manner provided bv
law_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)
5.16.240 - Transfer of license. Violations, penalties
A. Unless otherwise exempted bv 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 ot massages or baths or anv of the services
defined in this chapter, without first obtaining State Certification and a city Certificate of Registration, or
who violates anv provision of this chapter, shall be guilty of an infraction or misdemeanor punishable as
provided in Section 1.08.010(b).
B. Anv 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 license is transferable.
(Ord. NS-430 § 1 (part), 1997)
5.16.250 - Possession and posting of liconso. Interpretation
This chapter shall be construed liberally in favor of regulation as determined if necessan/ and
appropriate by the citv manaoer for the public protection and welfare and in order to accomplish its
purpose and intent Each massage business liconsee shall post in n rnncpininyii^ pijr^e within tho
massage business the individual license of each massage technician or holistic health practitioner
EXHIBIT 2 CaHsbad, California, Code of Ordinances Page 24
^1
Title 5 - BUSINESS UCENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOUSTIC HEALTH
PRACTITIONERS*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)
.5.16.265 • Massago 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 se 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 sen/ice 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 ef 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 rovocation of liconso. Constitutionality
If anv 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 remainino portions of this chapter. The citv council
declares that it would have adopted the chapter and each section, subsection, sentence, clause or phrase
thereot irrespective of the fact that anv 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 violates or causes or
permits to be violated 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 massago 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 te other penalties provided by ordinanco,
suspend or revoke the license as follows:
EXHIBIT 2 CaHsbad, California, Code of Ordinances Page 25
Title 5 - BUSINESS UCENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOUSTIC HEALTH
PRACTITIONERS*SERVICES
A.—The city manager shall notify the licensee in writing of the intended action and the reasons
therefor, and of the right to request a hearing in regard thereto;
B-.—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;
Q-.—If a notice of hearinq is received, the citv manager shall proceed in accord with Section 5.16.2TO
(Ord. NS-430 § 1 (part), 1997)
.5.16.270 - Hearing.
Any person who has been denied a license by the chief of police or who is licensed 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 set forth in writing and send to the applicant or licensee or permittee, 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 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 the
applicant, licensee or permittee, fails to appear at the hearing, the evidence of the existence of facts
which constitute grounds for the denial, suspension or revocation of the license or permit shall be
considered unrebutted. 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 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. A copy of the decision of the hearing
officer specifying findings of fact and the reasons for the decision shall be furnished to the 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 se 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 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 evidence in opposition to, or in support ot appellants 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 be final.
(Ord. NS-430 § 1 (part), 1997)
.5.16.290 - Injunctive relief.
In addition to the legal remedies provided for in this code, the operation of any massage business in
violation of the terms ef this chapter is a public nuisance and may be enjoined by the city.
(Ord. NS-430 § 1 (part), 1997)
EXHIBIT 2 CaHsbad, California, Code of Ordinances Page 26
Title 5 - BUSINESS LICENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC 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;
—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;
&—Any duly licensed business in which the above described persons practice their respective
professions;
F^—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)
.6.16.310 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-095, § 2, 7-27-2010)
.5.16.320 - Massage business license fee.
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 Massage technician and holistic health practitioner license foe.
Any person obtaining a license to act as a holistic health practitioner or massage technician shall pay
te the license collector a license fee in an amount established by the city council resolution. This license
fee shall be in lieu of a business license tax.
(Ord. NS-430 § 1 (part), 1997)
EXHIBIT 2 CaHsbad, California, Code of Ordinances Page 27
Title 5 - BUSINESS UCENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOLISTIC HEALTH
PRACTITIONERS*SERVICES
.5.16.340 - Massage technician trainee licenso.
The following provisions apply to a massage technician trainee license:
A^—Any person who qualifies for a massage technician license but for the educational requirement
of Section 5.16.210 may obtain a trainee license. Such person must be enrolled in a
"recognized school" and submit a letter from the school showing the date the applicant was
officially enrolled and the estimated date the applicant will graduate. Applicants may also
provide verifiable proof that they are registered to take the national certification examination fer
therapeutic massage and bodywork in lieu of the educational requirement;
&—Applicant shall also submit a letter signed by the owner of a massage business, or their
representative, stating their willingness to employ the applicant to do massage as a massage
technician trainee working under the direct supervision and control of a licensed massage
technician or holistic health practitioner during the time the applicant is completing a course of
study as a massage technician at a recognized school or until the applicant has successfully
passed the national certification 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 massage technician course of
study or pass the national certification examination for therapeutic massage and bodywork
during the one-year time period the license is valid. The trainee must at all times comply with all
laws and ordinances in effect and the failure to comply may render the applicant ineligible to
obtain a massage technician's license;
&—After September 1, 2009, no more massage 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 license.
It is unlawful for any person to operate a massage 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 applicable
thereto.
Any persons employed in the 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)
.6.16.360 - Rules applicable to certificate holders.
The following rules apply to certificate holders:
A:—No later than three business days before practicing massage in the oity of Carlsbad, a certificate
holder shall register with the city of Carlsbad. A certificate holder must re-register within five
business days of submitting information to the California Massage Therapy Council or its
successor to renew the certificate holder's certification. The certificate holder shall, in his or her
registration form, include the following information:
4.—The certificate holder's name;
EXHIBIT 2 CaHsbad, California, Code of Ordinances Page 28
5
Title 5 - BUSINESS UCENSES AND REGULATIONS^
Chapter 5.16 - MASSAGE BUSINESSES, MASSAGE TECHNICIANS AND HOUSTIC HEALTH
PRACTITIONERS*SERVICES
2-.—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.
B-.—Nothing in this chapter exempts a certificate holder from an obligation to obtain a business
license from the city of Carlsbad.
Q-.—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 ef 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
thereot 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 CaHsbad, California, Code of Ordinances Page 29
Introduction of New Massage
Ordinance
November 19, 2013
Change to
Carlsbad Municipal Code Chapter 5.16
•Ordinance being introduced tonight will:
–Repeal the existing Chapter 5.16 entitled
Massage Business, Massage Technicians and
Holistic Health Practitioners
–Enact a new Chapter 5.16 entitled Massage
Services
Change to Ordinance
•The change will:
–Streamline the massage permit process and
abolish local licensing requirements
–Eliminate licensing redundancy for massage
practitioners and therapists
–Rely on the State of California licensing
requirements
•Criminal complaints will still be investigated by
Carlsbad Police Department
Results
•The change will:
–Provide clearer guidelines for massage
establishments and practitioners
–Provide orderly and consistent regulation of
services
–Establish consistent health and safety
standards
–Allow consumers to identify legitimate
massage establishments and practitioners
State of California
Licensing Requirements
•Includes:
–Verification of education
–Verification of certification
–Criminal background check
–Fingerprinting
–2 year renewal requirement
Consistent with Other Cities
•Surrounding North County cities have also
adopted State of CA licensing requirements:
–Oceanside
–Escondido
–Vista
–San Marcos
–Encinitas
Implementation
•Existing workers and businesses will be given six month grace period to comply with State of CA licensing regulations
•Compliance will result in renewal of City of Carlsbad business license- PD will make notifications
•Businesses will need to produce State of CA certification to obtain Carlsbad business license and report licensed employees
•Current State of CA certification will be a requirement for annual renewal of Carlsbad business license
Questions?