The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022.
D. Attire and Hygiene. The following attire and physical hygiene requirements shall be applicable to all employees, and any other persons who work permanently or temporarily on the premises of a massage establishment within the city, including, but not limited to, all persons who are employed or retained to practice massage:
1. Garments. All persons shall wear clean and sanitary outer garments at all times. All outer garments shall be of a fully opaque, nontransparent material and provide complete covering from at least the mid-thigh to two (2) inches below the collarbone. The midriff may not be exposed.
2. Exposure. No operator, employee, or visitor shall, while on the premises of a massage establishment, and while in the presence of any patron, customer, employee or visitor, expose his or her genitals, buttocks, or chest.
3. Clean Skin. All persons shall thoroughly wash their hands with soap and water or any equally effective cleansing agent immediately before providing massage. No massage shall be provided upon a surface of the skin or scalp of a patron where such skin is inflamed, broken (e.g., abraded or cut), or where a skin infection or eruption is present.
E. Display of Permits and Certifications. Each person employed or retained to perform massage in or on the premises shall display on his or her person a copy of the valid photograph-bearing identification card issued to that employee by the CAMTC. A copy of each such identification card shall also be displayed in an open and conspicuous place visible from the entrance and/or reception and waiting area of the massage establishment. The home address of any employee need not be displayed. (Ord. 4-15 § 4 (part))
4.20.160 CAMTC certification required.
A. Massage establishments within the city shall only employ CAMTC certified massage therapists.
B. An original copy of certification as a certified massage therapist must be conspicuously posted within the massage establishment and the certification must be current for all massage therapists. The certificate holder shall have his or her identification card in his or her possession while providing massage services for compensation.
C. The certificate holder shall provide his or her full name and certificate number upon the request of a member of the public, a representative of the city, or a local government agency charged with regulating massage or massage establishments, at the location where he or she is providing massage services for compensation. (Ord. 4-15 § 4 (part))
D. The massage establishment owner/operator shall complete all registration forms provided to him/her by the Permit Administrator for each massage therapist. The owner/operator shall complete applicable forms and submit to the Permit Administrator prior to the expiration of the certification expiration, to demonstrate that the massage therapists providing service on the massage establishment’s behalf have recertified their CAMTC certification.
Such forms shall require submission of the following information:
1. The name and residence address of the massage therapist;
2. A copy of their CAMTC ID Card and CAMTC certification;
3. Height, weight, color of eyes and hair;
4. Written proof that the owner(s) is at least eighteen (18) years of age;
5. Two (2) current color portrait photographs of the applicant at least two (2) inches by two (2) inches;
6. The driver’s license number of the owner, including a copy of a driver’s license or other state issued identification card;
924
Dublin Municipal Code
Chapter 4.20 MASSAGE ESTABLISHMENTS AND
MASSAGE SERVICES
The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022.
7. The full name, street address, and telephone number of all other business premises in which the massage therapist administers massage;
8. If applicable, any other name(s) or nicknames used by the massage therapist;
9. Primary language(s), if other than English; and (Ord. 4-15 § 4 (part))
10. Such other identification and information as deemed necessary by the Permit Administrator.
4.20.170 Employees—Age requirement.
No permittee shall employ either as a massage therapist or other employee any person under the age of eighteen (18) years. (Ord. 4-15 § 4 (part))
4.20.180 Daily register required.
Every permittee shall keep a daily register, approved as to form by the Permit Administrator, of all patrons, with names, addresses and hours of arrival and the rooms or cubicles assigned, if any. The daily register shall at all times during business hours be subject to inspection by the Permit Administrator, and shall be kept on file for one (1) year. (Ord. 4-15 § 4 (part))
4.20.190 Advertising restrictions.
No massage establishment granted a permit under the provisions of this chapter shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available other than those services described in Section 4.20.010 (“massage”), nor shall any massage establishment indicate in the text of such advertising that any service is available other than those services described in Section 4.20.010 (“massage”). (Ord. 4-15 § 4 (part)) No massage establishment shall falsely state or advertise or put out any sign or card or other device, or to falsely represent to the public through any print or electronic media, that he or she or any other individual is licensed, certified, or registered by a governmental agency as a massage therapist or massage practitioner.4.20.200 Massage establishment inspections.
A. The Permit Administrator shall have the right to enter any massage establishment during regular business hours, without a search or inspection warrant, to make reasonable inspection to ascertain whether there is compliance with provisions of this chapter.
B. The massage establishment shall take immediate action to correct each violation noted by the Permit Administrator. A re-inspection will be performed within thirty (30) business days to ensure that each violation noted by the Permit Administrator has been corrected. (Ord. 4-15 § 4 (part))
4.20.210 Massage by customer prohibited.
No customer or client of a massage establishment shall massage a massage therapist, or any other person within a massage establishment. (Ord. 4-15 § 4 (part))
4.20.220 Outcall massage services prohibited.
No person shall engage in outcall massage services. Outcall massage shall not include massage provided by any person licensed under Business and Professions Code Sections 2135 through 2139 (medicine), 2630 or 2639 (physical therapy), 2732.1, 2733 or 2742 (nursing), or under the Chiropractic Initiative Act of 1922. (Ord. 4-15 § 4 (part))
4.20.225 Notifications.
A massage establishment shall notify the Permit Administrator of any of the following within three business days of the instance:
A. Cessation of business as a massage business or massage therapist practicing in the City of Dublin; B. Arrest of any massage establishment owner, therapist, or employee for an offense other than a misdemeanor traffic offense;
925
Dublin Municipal Code
Chapter 4.20 MASSAGE ESTABLISHMENTS AND
MASSAGE SERVICES
The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022.
C. Resignation, termination, or transfer of any massage practitioners employed or hired by the massage establishment;
D. Any matter or event involving the massage establishment or massage therapists, employed or working for the massage business that constitutes a violation of this chapter, state or federal law or a violation of any law which would be grounds for denial, suspension, or revocation of a massage establishment permit; E. The denial, suspension, or revocation of a massage business’s employee’s or independent contractor’s certificate issued by CAMTC.
Article III. Massage Therapists
4.20.230 City massage therapist registration—Required.
Except for any person licensed under Business and Professions Code Sections 2135 through 2139 (medicine), 2630 or 2639 (physical therapy), 2732.1, 2733 or 2742 (nursing) or under the Chiropractic Initiative Act of 1922, no person shall, in or upon any premises in the city, act in the capacity of a massage therapist without first having registered with the Permit Administrator in accordance with the provisions of this chapter. (Ord. 4-15 § 4 (part))
4.20.240 Registration procedure and requirements.
Each massage therapist will adhere to the certification rules and regulations set forth by the CAMTC.
4.20.250 Massage Therapist responsibility.
Individual massage establishment employees, agents, independent contractors, or other representatives providing services on behalf of the massage establishment may also be cited for violations pursuant to this chapter at the discretion of the Permit Administrator.
926
August 15, 2023
SB 343
Senate Bill 343 mandates supplemental materials
that have been received by the City Clerk’s office that relate to an agenda item after the agenda packets
have been distributed to the City Council be available
to the public.
The attached documents were received in the City
Clerk’s office after distribution of the August 15, 2023, Regular City Council meeting agenda packet.
Item 8.1
927
Massage Establishment Ordinance Proposed Updates
Proposed changes and their origin
Proposed Administrative Changes
Proposed Change Recommending Entity
Inclusion of additional definitions of terms referenced in the code.
CAMTC Recommendation
Removal of outdated references and terms. CAMTC Recommendation Proposed Minor Changes
Proposed Change Recommending Entity
Inclusion of reference to the City's administrative citations outlined in Section 1.06.
CAMTC Recommendation
Addition of a business license requirement. City Recommendation Inclusion of language to suspend establishments in violation of California Business and Professional Code Section 4609.
CAMTC Recommendation
Replacement of "and" with "or" to allow recourse for any "private" touching.
City Attorney
Recommendation
Ability to revoke or suspend establishments for labor law violations.
CAMTC Recommendation
Requirement for businesses to post a list of services and costs. CAMTC Recommendation Addition of a provision mandating an active employee roster onsite at all times.
City Recommendation
Clarification that windows cannot be obstructed, even by open blinds.
City Recommendation
Additional details regarding certification requirements, posting, and recertification.
CAMTC Recommendation
Mandate to post an original certification certificate. CAMTC Recommendation Addition of "current" to the photo requirement. City Recommendation Clarification of the need to renew massage therapist
certificates before expiration, as opposed to every two years.
City Recommendation
Prohibition of false advertising by massage establishments. City Attorney Recommendation
Deletion of the continuing registration requirements in the massage therapist since those are now the owner's
responsibility.
City Recommendation
Alignment of the appeals procedure to be consistent with the City’s general appeals procedure.
City Recommendation
Clarification of the hearing procedure for massage
establishment permit revocation.
City Recommendation
SB 343 - Agenda Item 8.1
August 15, 2023
928
Proposed Substantial Changes
Proposed Change Recommending Entity
Removal of exemption allowing students to perform massage services.
CAMTC Recommendation
Removal of section allowing students to perform services on the public.
CAMTC Recommendation
Introduction of a new section holding owners responsible for violations of the municipal code, including those committed by massage therapists and employees.
CAMTC Recommendation
Ability to withhold amendments and renewal until fees are paid and violations are corrected.
CAMTC Recommendation
Ability to impose a three-year moratorium on a location where a massage establishment permit was revoked.
City Recommendation
Requirement to amend permit within three business days if information in the application changes.
CAMTC Recommendation
Prohibition of reapplications for three years after a permit is revoked.
CAMTC Recommendation
(1 year reapplication
period)
City Recommendation – 3
year
Mandatory notification to DPS within three business days in case of A. business closure, B. owner or employee arrests, C. staff resignations, D. violations of laws, and E. suspension of CAMTC certificate.
CAMTC Recommendation
Deletion of a section to eliminate certification exemptions. City Recommendation Inclusion of a section to hold employees, agents, etc., responsible for meeting the requirements of 4.20 at the discretion of the permit administrator.
City Recommendation
Addition of more specific language to include a wide range of offenses that would render someone ineligible for a permit and denial reasons for massage establishments with revoked or suspended licenses in the past three years.
CAMTC Recommendation
Addition of additional application requirements, including a current photo, list of employees, space diagram, owner's CAMTC information, and the need for owners to report and renew massage therapist records.
City Recommendation
929
Summary of Proposed changes organized by source
CAMTC
Proposed Administrative Changes
Proposed Change
Inclusion of additional definitions of terms referenced in the code.
Removal of outdated references and terms.
Proposed Minor Changes
Proposed Change
Inclusion of reference to the City's administrative citations outlined in Section 1.06.
Inclusion of language to suspend establishments in violation of California Business and Professional Code Section 4609.
Ability to revoke or suspend establishments for labor law violations.
Requirement for businesses to post a list of services and costs.
Additional details regarding certification requirements, posting, and recertification.
Mandate to post an original certification certificate.
Proposed Substantial Changes
Proposed Change
Removal of exemption allowing students to perform massage services.
Removal of section allowing students to perform services on the public.
Introduction of a new section holding owners responsible for violations of the municipal code, including those committed by massage therapists and employees.
Ability to withhold amendments and renewal until fees are paid and violations are corrected.
Requirement to amend permit within three business days if information in the application changes.
Prohibition of reapplications for three years after a permit is revoked.
Mandatory notification to DPS within three business days in case of A. business closure, B. owner or employee arrests, C. staff resignations, D. violations of laws, and E. suspension of CAMTC certificate.
Addition of more specific language to include a wide range of offenses that would render someone ineligible for a permit and denial reasons for massage establishments with revoked or suspended licenses in the past three years.
930
CITY
Proposed Minor Changes
Proposed Change
Addition of a business license requirement.
Replacement of "and" with "or" to allow recourse for any "private" touching.
Addition of a provision mandating an active employee roster onsite at all times.
Clarification that windows cannot be obstructed, even by open blinds.
Addition of "current" to the photo requirement.
Clarification of the need to renew massage therapist certificates before expiration, as opposed to every two years.
Prohibition of false advertising by massage establishments.
Deletion of the continuing registration requirements in the massage therapist since those are now the owner's responsibility.
Alignment of the appeals procedure to be consistent with the City’s general appeals procedure.
Clarification of the hearing procedure for massage establishment permit revocation.
Proposed Substantial Changes
Proposed Change
Ability to impose a three-year moratorium on a location where a massage establishment permit was revoked.
Prohibition of reapplications for three years after a permit is revoked.
Deletion of a section to eliminate certification exemptions.
Inclusion of a section to hold employees, agents, etc., responsible for meeting the requirements of 4.20 at the discretion of the permit administrator.
Addition of additional application requirements, including a current photo, list of employees, space diagram, owner's CAMTC information, and the need for owners to report and renew massage therapist records.
931
Introduction of an Ordinance
Amending Section 4.20 (Massage
Establishments and Massage
Services) of the Dublin Municipal
Code
City Council Meeting
August 15, 2023
932
Background
• Chapter 4.20 outlines requirements for Massage
Establishments, Services, and Therapists in the City
• Introduced in 1987 and last modified in 2015
• Many municipalities have updated their codes
within the past few years to help deter human
trafficking
933
Partners
CAMTC DPS Command Staff & Crime
Prevention Unit
City Attorney’s Office Economic Development
934
Objectives
Prevent illicit sexual
activities and aid
survivors of human
trafficking.
Align the code with
CAMTC standards and
other local
government agencies.
Support legitimate
business owners and
practitioners.
Prevent illicit massage
businesses from
entering the city.
Provide the public
with access to healthy
and safe massage
services.
Ensure practitioners
are properly trained
and certified.
935
Proposed Changes
Administrative
Minor
Substantial
• Additional Definitions
• Removal of Outdated
References
• Deletion and
Addition of Sections
• New Requirements • Add specificity and
clarity
936
Summary of Substantial Changes
Removal of
Exemptions
Removal of the ability
for non-certified
individuals to perform
massage services.
Accountability for
Owners &
Employees
Introduction of a new
section holding
owners responsible
for all violations
Chapter 4.20.
Strengthened
Enforcement
Measures
Ability to withhold
amendments and renewal
until violations are corrected.
Three-year moratorium on a
location where a permit was
revoked.
Prohibition of reapplications
for three years after a permit
is revoked.
Enhanced Ongoing
Requirements
Mandatory notification to
DPS within three business
days of pertinent updates.
Requirement to amend
permit if information in
the application changes.
Addition of additional
application requirements.
937
Current and Future State
• 18 existing establishments
• Inspections occur once a month with possible
30-day reinspection
• If the proposed changes are adopted, DPS will
continue to inspect and enforce Chapter 4.20
on a regular basis
938
Recommendation
• Waive the reading and INTRODUCE the
Ordinance Amending Section 4.20 to the
Dublin Municipal Code, Related to Massage
Establishments and Massage Services.
939