C:\Program Files\eSCRIBE\TEMP\1932226067\1932226067,,,Ordinance.doc ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA REPEALING
CHAPTER 5. 36, MASSAGE PARLORS AND HOLISTIC
HEALTH PRACTITIONER BUSINESS, AND REPLACING IT
WITH CHAPTER 5.36, MASSAGE REGULATION
WHEREAS, the City’s massage regulations were last updated in 2014; and
WHEREAS, revision is needed to reflect changes in California state law regulating massage therapy.
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I.
Chapter 5.36, Massage Parlors and H olistic Health Practitioner Businesses, is hereby repealed in its entirety and replaced with Chapter 5.36, Massage Regulation.
5.36.010 Title for citation.
This Chapter may be cited as the “Chula Vista Massage Regulation Ordinance.”
5.36.020 Purpose and Intent.
It is the purpose and intent of this Chap ter to provide for the orderly regula tion of massage businesses and massage technicians in the City o f Chula Vista in the inte rest of public health, safety and welfare. The City wishes to support the et hical pract ice of massage therapy as a healing art and to prevent and d iscourage the misu se of massage therapy as a front for illegal activity such as prostitution, human trafficking and sex crimes, as defined in the California Penal Code.
This Chapter relies upon the State of California certification process of massage profes sionals through the California Massage Therapy Council , pursuant to the Massage Therapy Act , California Business and Professions Co de Sections 4600 et seq . This Chapter is adop ted under the authority of California Government Code Sections 37101 and 51030 through 51034 , which allows local jurisdictions to enforce zoning and business licensing requirements for massage businesses, as well as reasonable health and safety requirements that are not in conflict with the Act; Californian Business and Professions Code Sections 4 60(c) and 16000 ; and the Cal ifornia Constitution Article XI, Section 7.
5.36.030 Definitions.
Whenever in this Chapter the following words and phrases are used, they shall mean:
A. “California Massage Therapy Council ” (CAMTC) me ans the non-profit organization created by the State of California, pursuant to the California Business and Professions Code 4600 et seq., to regulate the massage industry.
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B. “CAMTC Certificate ” means a current, valid and auth entic certificate issued by the CAMTC to a Massage Technician.
C. “Chief of Police” means the Chief of the Chula Vista Police Depar tment or authorized designee.
D. “City” means the City of Chula Vista municipal corporation.
E. “City Manager ” means the City Man ager of the City of Chula Vista or authorized designee.
F. “Hearing officer” means any person appointe d by the City Manager to preside o ver administrative hearings provided by this Chapter.
G. “Holistic health practitioner” means a non-medical or other health care therapist who uses acupressure (excluding acupuncture) or a massage specialty and therapeutic approach in care for clients and who is not licensed by the State of California.
H. “Massage” or “massage therapy” or “massage services” means any method of pressure on, or friction against, or str oking, kneading, rubbing, tap ping, po unding, vibra ting, or stimulating of, the external parts o f the body with the hands or other parts of the body for therapeutic purposes. Examples of massage include , but are not limite d to , Swedish massage, sports massage, shiatsu, rolfing, heller work, and reflexology.
I. “Massage business” or “massage establishment” means a business or or ganization where an individual, firm, association, p artnership, corporation or other combination o f indivi duals provide, offer, sell, deliver, or dispense massage as a distinct service for com pensation. Home- based massa ge businesses and businesses that pro vide off-premises massage services are also considered to be massage businesses.
J. “Massage business permit” means a regulatory license issued by the Chief of Police upon submission of satisfactory evidence as requ ired in this Chapter that a massage business employs or uses only massage t echnicians possessing val id and current state certifications an d has satisfied all other requirements pursuant to this Chapter.
K. “Massage technician” means any person who gives or administers to another person, for any form of compensation, a massage as defined in this Chapter. The terms “massage therapist,” “massage pract itioner,” “mass euse,” or any other term s used within t he massage industry are included within thi s definition for the purposes of this Chapter. “Massage technician” also includes “holistic health practitioner” as defined in Subsection F.
L. “Off-premises massage service” or “outcall massage service” means the engaging in or carrying out of massage therapy for compensation at locations other than at a fix ed place of business.
M. “Operator” or “manager” means any person, who operates, supervises, manages, directs, organizes, controls or in any other way is responsible for, or is in charge of, the daily operation, Ordinance
conduct or activities of a massage establishment. “Operator” also includes “holistic he alth practitioner” as defined in Subsection F.
N. “Owner” means any of the fo llowing individual s: 1) the sole pra ctitioner of a sole proprietorship operating a massage business; 2) any general partner of a general or limited partnership that owns a ma ssage business; 3) any person who has a ten (10) percent or greater ownership interest in a corporat ion that owns a m assage business; 4) any person who is a member of a limited liability company that owns a massage business; 5) all owners of any other type of business entity that owns a massage business; 6) any person identified as an owner on the massage business permit.
O. “Person” means any na tural person, individual, group , firm, a ssociation, pa rtnership, corporation, company, sole proprietorship, trust or any other entity which is recognized by law as the subject of rights or duties.
P. “Specified anatomical areas” means any of the followi ng areas of the human body: pub ic region, human genitals, perineum, anal region, and the area s of the female breast that include the areola and nipple.
5.36.040 California Massage Therapy Council certification and City business lice nse required.
A. It is u nlawful for any person to perform massage ser vices in Chula Vista as a massage technician, w hether as full -time, part -time or te mporary status, as an employee, sol e practitioner, or independent contractor of a ma ssage business, or in any other capacity , without a valid practitioner certification issued by the CAMTC.
B. A CAMTC massage practitioner certificate does not authorize the operation of a massage establishment. Any person who desires to operate a massage establishment must apply to the City for business license and to the Chief of Police for a massage business permit.
5.36.050 Massage business permit required.
A. It is unlawful for any person to own, maintain, manage or operate in or any premises a massage business within the city without a valid massage business permit issued by the Chief of Police as provided by this Chapter. A massage business permit also is required of a ny permanent or semi -permanent seated massage or reflexology installation.
5.36.060 Massage business permit application.
A. Application. An application for a massage business permit to the Chief of Police shall be filed on a form prov ided by the City and shall be signe d and submitted under penalty of perjury.
B. Fee. A pe rmit application fee is required. The application fee, which is non - refundable, shall be set by resolution of the City Council of the City of Chula Vista and shall be reflected in the City’s Master Fee Schedule.
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C. Approval or denial. The Chief of Police shall issue a massage business permit to operate in the City’s jurisdiction to any massage business that demonstrates the following:
1. The business complies with all applicable building, zoning, fire sa fety, land use, health safety, state and federal laws.
2. The business uses only massage te chnicians who possess a current , v alid and authentic CAMTC certificate.
3. The owner and operators of the massa ge business have pro vided all requ ired information required by th is C hapter; have not failed to reveal any fa ct material to qualification; and have not supplied information that is untrue or misleading as to a material fact pertaining to qualification criteria.
4. The b ackground check for an y o wner or operator aut horized by th is Ch apter shows that any such individual has not been required to register under the provisions of California Penal Code section 290 (sex offen der registration); has not been convicted of a violation of Penal Code section 266(h) pimping, 266(i) pandering, 315 or 316 keeping or residing in a house of prostitution, 647(a) soliciting or engaging in lewd conduct in public , 647(b) soliciting or enga ging in prostitution, or 415, disturbing the peace when substituted for one of t he previously listed offenses; has not been convicted o f any felony drug -related offense in volving a c ontrolled substance specified in Heal th and S afety Code sections 11054, 11055, 11056, 11057 or 11058; has not bee n convicted of any a ct involving theft, d ishonesty, fraud, deceit or moral tur pitude; has not been convicted in anothe r State of any offense which, if committed in this State, would have been punishable as one or more of the aforementioned offenses; has not had an individual or business permit, certificate or license with any agency, boar d, city, county, territory or S tate denied, revo ked, restricted or suspended within the last ten ye ars; and has not been su bject to a n injunction for nui sance under Penal Code section 11225 t hrough 11235 (red ligh t abatement) within the last ten years.
5. The Chief of Police may deny a massage business permit application, or renewal application, to any massag e business that f ails to demon strate compliance with the foregoing requirements. An applicant may appeal a denial pursuant to 5.36.140.
6. Term. A massage business permit is valid for one year.
7. Transfer. A massage business permit issued by the Chief of Police shall not be transferred, sold or assigned to any othe r P erson or entity, exc ept with the pri or written permission of the Chief of Polic e. A wr itten request for such tran sfer shall contain the same information for the new ownership as is required on an application for a new ma ssage business permit. No massage bu siness permit that has been suspended or revoked shall be transferred to any o ther Person or entity for five years from the date of such suspension or revocation. Any such transfer, sale or assignment, or attempted tran sfer, sale or as signment in violatio n of this Chapter is her eby declared inv alid and the permit shall become void e ffective o n th e date of such transfer, sale or assignment or attempted transfer, sale or assignment.
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8. Change of location . A change of locati on of a permitted massage bu siness shall be a pproved by the C hief of Police prov ided the massage business and the new location are in compliance with all applicable local, State and Federal laws.
9. Change of personnel. An owner or operator shall submit to the Chief of Police an updated list pursuant to Section 5.36.050.A.7 within (seven) 7 days of any change to the list.
5.36.070
Massage business operating requirements.
A. CAMTC certificate to City. No owner or operator shall operate a massage business unless a copy of a current and valid CAMTC certificate first has been provi ded to the City for each massage technician performing massage services.
B. Compliance period for CAMTC ce rtificate. Within six months of the effective date of this ordinance, an applicant for an initial Massage Businesses Permit or for renewal of a current, valid Massage Business Permit, pursuant to Section 5.36.050 , shall demonstrate compliance with Subsection A by providing the City with a current and valid CAMTC certificate for each massage technician performing massage services at the business.
C. CAMTC certificate posted. No owner or operator shall operate a massage business unless an or iginal CAMTC certi ficate for each massage technicia n p erforming ma ssage is posted on the business premises in public view.
D. CAMTC identification carried at all times. No owner or operator shall operate a massage business, unless an original CAMTC-issued identification card or bad ge is carried by each massage technician while providing massage services.
E. Owner or operator on site . An owner or operator of a ma ssage busi ness shall be physically present on the business premises at all times during all hours of operation.
F. Hours of ope ration. A massage business may be open for business only between the hours of 6:00 a.m. to 10 :00 p. m. No massage services may be offered o r performed between 10:00 p.m. and 6 a.m.
G. List of services posted.
1. A list of the services available and the costs of such services shall be posted in an open and conspicuous public place on the premises of a massage business. The services shall be described in English.
2. An outcall massage business operator shall provide a list of service s available and the costs of such services to a patron upon request.
H. Only listed services may be provided. No owner or operator shall permit to be offered or performed, and no massage technician shall offer or perform, any service other than those posted on the li st of available services . N or shal l any owner, o perator or massage technician request or charge a fee fo r any service other than those listed on the list o f available services.
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I. Interior do ors unlocke d. No owner , operator or massage technician s hall lock any interior door or doors lea ding to a r oom use d to provide massage when a massage is being performed. A patron may lock any door when alone in a room at any time.
J. Massage log. An owner or operator must maintain a record of services provided for each treatment. The record of treatment shall include the name and address of the patron, the name of the massa ge technician, the name of the owner or operator present, the type of service pr ovided, and the time the service be gan and e nded. Such records shall be maintained on the pre mises of the massage business for at least t wo years and shall be immediately available for inspection and copying by City inspecto rs d uring business hours.
K. External door unlo cked. The door to the main entrance of the pr emises of a massage business shall be unlocked during business hours unless the business is owned by one (1) individual with one or no employees or independent contractors.
L. Professional attire or uniform required. During business hours, each owner, operator and massage technician must w ear professional attire or a uniform based on the custom and practice of the massage industry in California. The attire shall be made of nontransparent material and may not expo se any specifi ed anatomical area s, as defined in Secti on
5.36.030.O. Swimwear, lingerie or undergarments may not be use d as a uniform or be displayed as part of a uniform.
M. No residential, sleeping use. No massage business premises shall be used for residential or sleeping purposes. No owner or operator shall permit any Person, including an owner, operator or massage technician to reside on the business premises.
N. No drugs or alcohol . The sale, service, or consumption of an alcoholic beverage or any marijuana product at a m assage business , or in con nection wi th the performance of massage services, is prohibited.
O. No audio or video recording. Audio and/or video recording of, or the monitoring of, the patron, th e m assage technician or the m assage ther apy i s prohibited, with out the p rior written consent of the patron.
P. No adult -oriented merchan dise. The display, use or possession of any adult-oriented merchandise, including but not limited to sex toys and condoms, is prohibited in any part of a massage business.
Q. Specified anatomical areas.
1. No owner or operator shall per mit any person to massage or intenti onally touch the specified an atomical areas, as defined in this Chapter, of another person wh ile performing massage at t he per mitted establishment, rega rdless o f whether the touching is over or under the patron’s clothing or other covering.
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2. No owner, operator or massage technician shall enter any area that is used by a patron, unless the patron’s specified anatomical areas are covered.
R. No sexual activity. No ow ner, operator or massage technician shall engage in or permit sexual activity of any kind at the massage business.
S. Failure to su pervise. Any o wner and op erators shall be responsible for the conduct of their m assage technicians. A violation of a ny provision of th is Chapter or California Business and Pr ofessions Code 4609, as from time to time may be amended, by a massage technician shall be prima facie evidence of the failure to supervise.
T. Application to o ff premises massage. Subdivisi ons B, D, F.1, H, J and L in this section do not apply to off-premises massage businesses.
5.36.080
Minimum premises requirements
No person shall e ngage i n, carry on , perform massage services , or permit to be engaged in, conducted, carried on massage services at a massage business located in a fixed premises in the City’s jurisdiction, unless all of the following minimum requirements are met:
A. Signage. A reco gnizable and legible sign complying with the City’s sign regulati ons shall be posted at the main entrance.
B. Lighting. A minimum light ing consisting of at least one artificial light of 40 watts or lumens, or high er, shall be provided and shall be operating in each room or enclosure where massage services are being provided and in all areas accessible by clients.
C. Dressing room, locker, secured ar ea to deposi t valuables. Dressing r ooms, lockers and a secured place for the protection of valuable shall be provided for patrons.
D. Lavatories. Lava tories with hot and cold running w ater, soap, and single service towels in a wall-mounted dispense shall be provided for patrons.
E. Washbasin for employee and/or patron use . A minimum of one w ashbasin shall be provided for employee and /or patron use with hot and cold running water, soap, a nd single service towels in a wall-mounted dispenser.
F. Ventilation. Minimum ventilation shall be provided in accor dance with the City ’s building codes.
G. Linens. Towe ls, sheets , and linens of a ll ty pes shall be clean and freshly laundered .
Towels, clothes and sheets shall not be used by more than one person unless the same has first been laundered. Heavy paper may be substituted for sheets provided that such paper shall not be used by more than one person and shall be discarded in a sanitary rec eptacle after each use.
H. Storage cabinets. Towels, sheets and linens of all types shall be stored in cabinets.
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I. Massage table pads. Pads used on massage tables shall be covered with durable washable plastic or other acceptable waterproof material.
J. Sterilized instruments. Disinfecting agents and sterilizing equipment measures approved by the Health Department shall be provided and used for any instruments used to perform massage.
5.36.090
Massage technician requirements.
A. CAMTC certificate required. It is unlawful for any person to give, provide or administer to another person for any for m of consideration a massage as defined in this Chapter at a massage business in the City without a valid CAMTC certificate.
B. Compliance period for CAMTC certificate . Within six months of the effective date of this ordinance, massage technicians must have a valid CAMTC certificate.
C. No services unless listed. It is unlawful for a massage technician to provide any service not specifically listed on the massage establishment’s posted list of services.
D. No removal of clothing. It is unlawful for a massage technician to remove any article of the massage business uniform or any other article of clo thing whil e provid ing any mas sage service.
E. Specified anatomical areas.
1. It is u nlawful for a massage technician to provide massage wh en an y specified anatomical are a of eith er the patron or the ma ssage technician is exposed while performing massage at the permitted business.
2. It is unlawful for a massage technician to touch the specified anatomical area of a patron while performing mass age a t t he permitted establishment, regardless o f whether the touching is over or under the patron’s clothing or other covering.
F. Sexual activity, a dvertising, fraudulent activity in massage se rvice prohibited. It is a violation of this Chapter for a massage technician to eng age in any unprofessional con duct as defined in California Bu siness and Professions Code section 4609, as that section from ti me to time may be amended.
5.36.100 Advertising.
A. All advertising to perform massage b y any massage technician with the City’s jurisdiction shall include the name under which the massage technician is certified by the CAMTC and their CAMTC cer tificate numbe r. This requirement shall apply to any and all types of advertising, including but no t limited to, business cards, written pamphlets, social media, and internet sites, including online bulletin boards.
B. All advertising to perform massage at any massage business within the City’s jurisdiction shall include the name of the massage business and the City business license number.
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This requirement shal l apply to any and all typ es of ad vertising, including but not limited to business cards, written pamphlets, social medi a, and internet sites , including online bulletin boards.
C. No person, massage technician, owner or operator shall engage in sex ually sugg estive advertising, inc luding sexually suggestive photo graphs a nd language, rela ted to massage services.
D. No person, ma ssage tec hnician, owner or operator shall place, publish, dist ribute, or cause to be placed, published or distributed, any adve rtising ma tter related to performing any service that is prohibited by this Chapter or by any provision of state or federal law.
5.36.110 Inspection.
A. The investigating officials of the City, which includes but is not limited to police officers, code enforcement officers, and fire safety officers, shall have the right as ot herwise provided by law to enter the premises of a massage business, including any room not being used for a massage, from time to time during regular business hours for the purpose of making a reasonable inspection to enforce compliance with this Chapter.
B. The investig ating officials of the City shall, at le ast four times per 12 -month period, inspect each massage business in the City for the purpose of determining compliance with this Chapter.
5.36.120 Off-premises massage.
A. It is unlawful for any persons to enga ge in or o perate an off -premises massage business without a massage business permit.
5.36.130 Violations, Penalties.
A. It shall be unlawful for any person to violate any provisi on or fail to comply w ith the requirements of this chapter or any regula tion ado pted hereunder. Each day that a viol ation continues is deemed to be a new and separate offense.
B. Any person vio lating any of t he provi sions or failing to comply with any of the requirements of this chapter or any regulation ad opted hereunder shall be guilt y of a misdemeanor punishable by a f ine of not more than $1,000 or imprisonment for a period of not more than s ix months, or by both a fine and impriso nment. No proof of knowle dge, intent, or other mental state is required to establish a violation. At the sole discretion of th e City Prosecutor, any violation o f thi s chapter may in the alte rnative be cited and prose cuted a s an infraction.
C. Any condition ca used or allowed to exist in violation of any of the provisions of this chapter or any regulation adopted hereunder is a public nuisance. Such violation may be abated by the City, or by the C ity Attorney on behalf the people of the state of California, as a nuisance Ordinance
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in any manner provided for in this code, including summary abatement, or otherwise provided by law or equity, including a restraining order, injunction, or any other order or judgm ent in law or equity issued by a court of competent jurisdiction. The City, or the City Attorney on behalf of the people of the state of California, may seek injun ctive relief to enjoin violations of, or to compel compliance w ith, this chapter or seek any other relief or remedy ava ilable at l aw o r equity , including the i mposition of monetary civ il penalties. All expe nses incurred b y the City in connection with any action to abate a public nuisance will be chargeable as authorized by law to the person(s) creating, causing, committing, or maintaining the public nuisance.
D. A City employee may issue administrative citations or civil penalties in accordance with Subsection I in this Section for violation of any of the provisions of this chapter or any regulation adopted hereunder. When a v iolation occurs, it is no t required that a warning or noti ce to c ure must first be given before an admini strative citation or civil penalty may b e issued. Any report where the City's Po lice Department has concluded that a violatio n of this chapter has occurred may be considered by the City for review, processing and issuance of an administrative citation or civil penalty.
E. Each criminal citation or complaint, administrative citation, and civil penalty issued for a violation of any provision of this chapter may be issued, levied, or assessed against one or more of: the owner, th e permittee, operator, massage technician, and any other person who cause d, created, committed, or maintained the violation.
F. A violation of any provision of this chapter by any owner, permittee, operator, massage technician or any other person shall constitute grounds for modification , denial, suspension or revocation of the massage business permit.
G. The Chief of Police or designee may deny, suspend or revoke a massage business permit for any violation of this chapter. A change of ownership shall have no effect on the accumulation of violations against the massage business.
The City may issue an administrative citation or civil penalty for any violation of this chapter as follows:
1. First offense — not to exceed one hundred dollars $100.00;
2. Second offense within any continuous period of twelve (12) consecutive months — not to exceed five hundred dollars ($500.00);
3. Third and fo urth offen ses within any c ontinuous p eriod of twelve (12) consecutive months — not to exceed one thousand dollars ($1,000.00);
4. Fifth and subseq uent offenses within any cont inuous period o f tw elve (12) consecutive months — not to exceed three thousand ($3,000.00).
H. Whenever in this chapter any act or omission is made u nlawful, it shall include causing, aiding, abetting, suffering, or concealing the fact of such act or omission.
I. The remedies specified in this se ction ar e cumu lative and in addit ion to a ny other remedies available under state or local law for violation of this code.
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5.36.140 Procedure for Imposition of Modification, Denial, Suspension and /or Revocation of Massage Business Permit.
A. In addition to an y other penalty authorized by law, a massage business p ermit may be denied, modified, suspended, or revo ked fo r any violation of this chapter or federal, sta te, or local law in accordance with the provisions of this section.
B. The Chief of P olice shall have the auth ority to modify a massage busines s p ermit to impose additional conditions or amend existing terms or conditions in the event of any violation of any condition of the permit or any violation of this chapter or federal, state, or local law.
C. Any modification of conditions or denial, suspension or revocation of a massage business permit shall be in accordance with the following procedures.
1. The Chief of Police shall conduct an investigation whenever they have reason to believe that an owner, permittee, operator, massage technician or ot her person is in violation of, or has failed to comply with, any condition of the massage business permit, any requirements of this chapter or any federal, state, or local law.
2. Should the investigation reve al substantial e vidence to support a finding that a violation occurred, the Chief of P olice shall issue a written n otice of intention to deny, modify, suspend and /or revoke the permit. The wri tten notice shall be served o n th e responsible person, shall spe cify the facts w hich, in the opinion of the Chief of Police, constitute substantial evidence to e stablish grounds f or modification, denial, suspension and/or revo cation, and sta te that the per mit will be modified , denied suspended or revoked within thirty (30) calendar da ys from the date the notice is gi ven unless the owner or permittee aggrieved by t he Chief of P olice’s decision files with the City Manager a request for an administ rative heari ng to a ppeal the dec ision pursuant to Section 5.36.150. All reports and exh ibits supporting the violation and intended to be used as evidence by the City at the hearing must be included with the written notice.
5.36.150 Appeal Procedures.
A. Any affected person(s) may appeal a deci sion of the Chief of Police imposing a fine or modifying, denying, suspend ing, or revoking a Massage Business Permit to the City Manager within ten (10) calendar days from the date t he notice is gi ven. Said appeal shall be in writing and filed with the City Manager upon forms provided by the Police Department and shall specify therein t hat the d ecision o f th e Chief of Po lice was in error and ide ntify the fa cts and circumstances on which the claim of error is based. If an a ppeal is fil ed within the tim e limit specified, it shall automatically stay proceedings in the matter un til a de termination is made by the City Manager. The Ci ty Manager shall s et the matte r f or hearing before a hearing officer appointed by the City Manage r at the soo nest date convenient to the appellant . The City shall notify the parties in writing of the date and location of the hearing at least ten (10) business days prior to said date.
B. The fee to request an appeal pursuant to this Chapter shall be in the form of a deposit, the amount to be determined by the City Manager in accordance with a ny applicable law based on Ordinance
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the anticipated staff cost to condu ct the hearing. If the cost of the hearing or appeal exceeds the deposited amount, the requesting party shall be resp onsible for payment of the additional costs incurred. If the hearing officer determines that the violation is not supported by the evidence, the entire deposite d amo unt will be return ed t o the party that requested the appeal. The appeal hearing shall be conducted pursuant to Sections 1.30.090 and 1.30.100 and 1.40 of this Code.
5.36.160 Effect of Massage Regulation Ordinance on other Provisions of the Code.
The issuance of any permit pursuant to this Chapter shall not relieve the Owner of the obligation to comply with all othe r provisions of t his code, including but not limited to zoning, building, land use, and fire safety.
5.36.170 Promulgation of Regulations, Standards, and Other Legal Duties.
A. In addition to any regulations adopted by the City Council, the City Manager or designee is authorized to establish, consistent with the terms of this chapter, any additional administrative rules, regulations and standar ds governing the issuance, denial or renewal of massage business permits and any oth er s ubject d etermined to be nece ssary to carry ou t the purposes of this chapter.
B. Regulations shall be published on th e City’s website and maintained and available to the public in the Office of the City Clerk.
C. Regulations promulgated by the City Council or the City Manager shall become effective and enfo rceable upon date of publicatio n on t he City’s website or, with resp ect to ex isting permitted massage businesses, upon the date specified in a written notice to Permittees by the City.
5.36.180 Reapplication after denial or revocation of massage business permit.
If a massage business permit is d enied or revoked as a result of violation(s) of this Ch apter or state or federal laws, no massage business permit may be issued to the applicant , or to another applicant for a massage business at the same location, for a period of five (5) years from the date of denial or revocation.
5.36.190 Exemptions.
A. Persons holding an active and valid certificate or license to practice the healing arts under the laws of th e State of California and their employees and contractors who are w orking under the direct on-site supervision of licensed providers such as, but not limited to, holders of medical degrees such as physicians, surgeons, chiropractors, osteopaths, naturopaths, podiatrists, physical therapists, register ed nurs es, and licensed vo cational nurses , when practicing the he aling arts within the scope of, and incidental to, an applicable license.
B. State-licensed hospita ls, nursing ho mes, sanitariums, physiotherap y businesses or other state-licensed physical or mental health facilities and their employees or independent contractors.
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Approved s chools of m assage and their students in training, provided such students provide massage therapy only under the direct personal supervision of an instructor. Such instructor must be physically present on the establishment premises while the massage is being administered.
C. Barbers and cosmeto logists who are lic ensed under the State of California, providing massage therapy within the scope of, and incidental to, their licenses, provided that such massage therapy is limited solely to the neck, face, scalp, feet, lower limbs up to the knees, and hands and arms of their clients.
D. Athletic trainers employed by a professional or semi-professional athlete or athletic team, or athletic trainers hired by a local, state, or federal government agency, or the Chula Vista Elite Athlete Training C enter, s o long as such perso ns do not practice massage therapy as the ir primary occupation at any location in the city.
Section II. Severability
If any portio n of thi s Ordinance, or its application to any person or circumstance, is for any rea son he ld to be invalid, unenforceabl e o r unconstitution al, by a court of competent jurisdiction, that p ortion s hall be deemed severab le, and such invalid ity, unenforceabil ity or unconstitutionality shall not aff ect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have ad opted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supp lement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.
Presented by Approved as to form by
_____________________________________ ____________________________________ Roxana Kennedy Glen R. Googins
Chief of Police City Attorney