To:
FROM:
DATE:
SUBJECT:
CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
Honorable Mayor and Council Members
Stacey Chavez, Deputy City Clerk
Marissa J. Asistin , City Clerk
Justin J. Martin, Assistant City Manager
June 16, 2026
Recodification of the Laguna Niguel Municipal Code - Title 5, Massage Establishment Updates
RECOMMENDATION
Staff recommends that the City Council review and provide direction regarding the recodification of the Laguna Niguel Municipal Code - Title 5, Massage Establishment updates .
BACKGROUND
On May 19, 2026, the City Council reviewed proposed updates to Title 5 of the Laguna Niguel Municipal Code as part of the City's ongoing municipal code recodification project.
The proposed Title 5 updates included revisions related to business licensing procedures , administrative hearing processes , sidewalk vending regulations , and the reorganization and modern ization of regulations related to massage establishments .
During the May 19, 2026 meeting , the City Council expressed general support for the proposed Title 5 updates ; however , comments were provided and discussion took place specifically on Chapter 3, Subchapte r 1 related to Massage Establishments .
City Council Members discussed potential enhancements to the proposed massage establishment regulat ions to further strengthen oversight , accountability , and protections against unlawful activity , including human trafficking and exploitation . The City Council also discussed the importance of balancing stronger enforcement mechanisms while maintaining flexibility to avoid unintentionally overregulating lawful businesses or creating overly restrictive provisions that may limit effectiveness. Staff was directed to coordinate with the City Attorney 's Office and Police Services to further review the proposed massage establishment regulations , evaluate examples from neighboring jurisdictions , and prepare revised ordinance language for additional City Council consideration .
Following the May 19, 2026, meeting , staff coordinated with the City Attorney 's Office and Police Services and prepared revisions to Chapter 3, Subchapter 1 of Title 5 related to Massage Establishments . The proposed revisions are being presented to the City Council for further discussion and consideration prior to incorporation into the broader municipa l code recodification ordinance scheduled for first reading in July 2026.
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ANALYSIS
The proposed revisions to Chapter 3, Subchapter 1 (Massage Establishments) were compiled to add to the City's regulatory framework for massage establishments while maintaining consistency with applicable state law and preserving flexibility for enforcement and future regulatory needs.
Updates to Title 5, Chapter 3, Subchapter 1 were made as follows:
Revised Title of Chapter 3,
Subchapter 1
Revised Section
5-3-1
Revised Section 5-3-2
Revised Section 5-3-3
Revised Section 5-3-4
Added Section 5-3-5
Added Section 5-3-6
Subchapter 1 title was updated to "Massage
Establishments" to replace outdated terminology and
reflect a broader, modern regulatory approach
consistent with current industry standards and state
reQulations.
Updated to establish stronger definitions applicable
to massage establishments, providing clear
terminology and regulatory standards consistent with
current state law and the City's updated massage
establishment regulations.
Updated to establish a local licensing requirement for
massage establishments and to clearly identify
exemptions for licensed healthcare professionals,
regulated facilities, and other occupations already
governed under state law, ensuring consistency with
current regulatory requirements.
Updated to establish operational standards and
licensing requirements for massage establishments,
including employee certification, license transfer
restrictions, business ownership changes, and
licensee responsibilities, to strengthen oversight and
ensure compliance with state law and local
reQulations.
Updated to establish comprehensive operational,
facility, employee certification, safety, and consumer
protection standards for massage establishments.
The section strengthens oversight, aligns local
regulations with current state law, and provides
safeguards to prevent unlawful activity and promote
public health and safety.
Added to designate the issuing officer as the
authority responsible for administering and enforcing
massage establishment regulations and to authorize
the adoption of supplemental regulations and
policies necessary for implementation and
interpretation of the subchapter.
Added to establish inspection authority, enforcement
procedures, and penalties for violations of massage
establishment regulations, while clarifying that local
requirements supplement state law and providinQ
tools for administrative , civil, and criminal
enforcement.
Added Section 5-3-7 Added to establish a formal review process for massage establishment license applications ,
including inspection requirements , approval criteria,
grounds for denial, decision timelines , appeal rights, and reapplication limitations to ensure consistent
and transparent licensing decisions .
Added Section 5-3-8 Added to establish clear grounds and procedures for the suspension or revocation of massage
establishment licenses , including violations of local
or state law, use of uncertified massage
practitioners , and other disqualifying conduct , while providing appeal rights and reapplication restrictions .
The proposed revisions (Attachment A) are intended to support public safety, strengthen accountability measures for massage establishment operations , and align the City's regulations with current industry standards and enforcement practices utilized by neighboring jurisdictions and applicable state agencies. Revisions highlighted in yellow are in addition to the revisions that were previously presented to the City Council.
FISCAL REVIEW
There is no fiscal impact as a result of this report.
LEGAL REVIEW
No legal review is required for this report. Staff has worked closely with the City Attorney 's Office on the Municipal Code update and recodification project, including Chapter 3, Subchapter 1 (Massage Establishments) .
CONCLUSION
Staff recommends that the City Council review and provide direction regarding the recodification of the Laguna Niguel Municipal Code - Title 5, Massage Establishment updates .
~t ~~
City Manager
Scott C. Smith
City Attorney
ger
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Attachment:
A. Title 5, Massage Establishment Updates
ATTACHMENT A
Title 5 Updates: Massage Establishment
SUBCHAPTER 1. PUBLIC BATHS; MASSAGE PARLORS; MASSAGISTS MASSAGE
ESTABLISHMENTS
Sec. 5-3-1. Specific license requirements.
Every person applying for a public bath, massage parlor or massagist's license must have had at least five years' experience in the profession, work and method of treating the external parts of the human body for remedial or hygienic purposes by rubbing, stroking, kneading, adjusting or tapping with the hands or by instrument, or must have graduated from a recognized school of massage or other institution of learning wherein the method, profession and work of massaging is taught. (Ord. No. 90-11, § 5, 3-6-90)
Sec. 5-3-2. Immoral practices prohibited.
It shall be unlawful for any person employed as a massagist or in a massage parlor or public bath to massage any other person or give or administer any bath or to give or administer any of the other things mentioned in this article for immoral purposes or in a manner intended to arouse, appeal to or to gratify lust or passions or sexual desires.
(Ord. No. 90-11, § 5, 3-6-90)
Sec. 5-3-3. Registration of customers.
Every person who maintains, conducts or operates a massage parlor or public bath, and every massagist, shall at all times keep a registration book in connection therewith in which each and every client's or patient's first, middle and last name and complete address shall be written, together with the date of treatment. (Ord. No. 90-11, § 5, 3-6-90)
Sec. 5-3-4. Treatment of persons of opposite sex prohibited. (a) It shall be unlawful for any person to administer, for hire or reward, to any person of the opposite sex, any massage, any alcohol rub or similar treatment, any fomentation, any bath or any electric or magnetic treatment, or to do or administer any one or all of the other things or acts mentioned in this article, nor shall any person cause or permit in or about his place of business any agent, employee or servant or any other person under his control or supervision to administer any such treatment or service to any person of the opposite sex.
(b) This section shall not apply to any tr eatment administered in good faith in the course of the practice of any healing art or profession under the provisions of the Business and Professions Code of the state or of any other laws of this state.
(Ord. No. 90-11, § 5, 3-6-90)
§ 5-3-1 Definitions.
For the purposes of carrying out the intent of this subchapter, unless the content clearly indicates to the contrary, the following words, phrases and terms shall have the following meanings.
California Massage Therapy Council or CAMTC. Nonprofit organization formed pursuant to the California Business and Professions Code, Chapter 10.5, commencing with § 4600, as amended.
Code or Municipal Code. The Laguna Niguel Municipal Code.
Compensation. A payment, loan, advance, donation, contribution or gift of money or anything of value.
Conviction or convicted. A verdict or formal judgment of guilt, or entry of a plea of guilty or nolo contendere in a criminal proceeding.
Crime involving moral turpitude or moral turpitude. Any criminal offense involving conduct that is inherently base, vile, depraved, dishonest, fraudulent, exploitative, or contrary to accepted standards of justice, honesty, or good morals, including conduct demonstrating an intent to harm, exploit, victimize, or endanger another person. “Crimes involving moral turpitude” include, but are not limited to, offenses involving:
(a) Human trafficking, forced labor, involuntary servitude, commercial sexual exploitation, or the procurement, recruitment, transportation, harboring, or exploitation of persons for labor or sexual purposes;
(b) Prostitution-related activities involving coercion, procurement, pandering, pimping, solicitation of minors, or the commercial sexual exploitation of another person;
(c) Sexual assault, rape, spousal rape, sexual battery, forcible sexual penetration, sexual abuse, sexual exploitation, or other non-consensual sexual conduct;
(d) Lewd, lascivious, or sexually exploitative conduct involving a minor, including child molestation, child sexual abuse, child pornography, child sexual exploitation, or the enticement, grooming, or solicitation of a minor for sexual purposes;
(e) Incest or other sexual offenses involving abuse of a familial, custodial, supervisory, or fiduciary relationship;
(f) Invasion of privacy for sexual gratification or sexual exploitation purposes, including the unlawful recording, photographing, dissemination, or viewing of intimate body parts or private activities without consent;
(g) Kidnapping, false imprisonment, abduction, coercion, extortion, or other offenses involving the unlawful restraint, control, or exploitation of another person;
(h) Crimes involving fraud, deceit, theft, embezzlement, forgery, bribery, perjury, identity theft, or other offenses demonstrating dishonesty or a breach of trust;
(i) Crimes involving violence, threats of violence, or conduct evidencing a reckless disregard for the safety, dignity, or bodily autonomy of another person; and
(j) Any attempt, conspiracy, solicitation, aiding and abetting, or accessory offense related to the foregoing conduct.
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Disqualifying conduct. Conduct by the applicant that would disqualify the application for a massage establishment, including any of the following:The occurrence, by any person who establishes, maintains, administers, oversees, manages, operates, or works at the subject massage establishment, of any of the following events within five years immediately preceding the date of filing of the application in question or, in the case of revocation or suspension proceedings, within five years of the date of notice of hearing pursuant to § 5-3-8:
(1) Within five years of the date of filing of the application in question or any time after the filing of the application or any time after the issuance of a license, the licensee has committed or been A convictioned in a court of competent jurisdiction of:
(a) Any crime specified in California Government Code § 51030 et seq.;
(b) Any misdemeanor or felony offense which relates directly to the operation of a massage establishment or to the performance of a massage, whether as a massage establishment owner, operator, massage technician or employee thereof;
(c) A violation of any provision of law pursuant to which a person is required to register under the provisions of the California Penal Code § 290, or conduct in violation of the California Penal Code §§ 266h, 266i, 314,315, 316, 318, or subsections (a), (b) or (d) of the California Penal Code § 647, or an attempt to commit or conspiracy to commit any of the above mentioned offenses, or any other crime involving dishonesty, fraud, deceit, or moral turpitude or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of the California Penal Code §§ 415, 602 or any lesser included or related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes, or any crime committed while engaged in the ownership of a massage establishment or the practice of massage.
(d) Any felony offense involving the sale of a controlled substance specified in the California Health and Safety Code §§ 11054, 11055, 11056, 11057, or 11058;
(e) Conspiracy or attempt to commit any of the aforesaid offenses;
(f) Any lesser-included offense of any of the aforesaid offenses; or
(g) Any offense in a jurisdiction outside of the State of California which is the equivalent of any of the aforesaid offenses.
(2) Within five years of the date of the filing of the application in question or any time after the filing of the application or any time after the issuance of a license, the licensee has had revoked any massage establishment, operator, massage practitioner, technician, therapist, trainee or similar license issued by the state or any county or city;
(3) Within five years of the date of the filing of the application in question or any time after the filing of the application and/or any time after the issuance of a license, the licensee has committed or been convicted in a court of competent jurisdiction of:
(a) Any violation of California Penal Code §§ 266h, 315, 316 and 318 or 647(b) or 653.23;
(b) Conspiracy or attempt to commit any such offense;
(c) Any offense in a jurisdiction outside the state which is the equivalent of any of the aforesaid offenses;
(d) Has been found guilty of or pleaded nolo contendere to any lesser-included offense of the above; or I l
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(e) Has been found guilty of or pleaded nolo contendere to any crime specified in California Government Code §§ 51030 et seq.
(4) Is required to register under the provisions of California Penal Code § 290;
(35) Has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to the California Penal Code §§ 11225 through 11235, or any similar provisions of law in a jurisdiction outside the State of California;
(46) Has engaged in, or allowed an employee or massagist to engage in, Touching the specified anatomical areas, whether or not the same are covered, of oneself or of another person while providing massage services or while within view of a customer or patron of the massage establishment, or engaging in specified sexual acts with oneself or another person while providing massage services or while within view of a customer or patron of the massage establishment; or
(57) Has engaged in, or allowed an employee or massagist to engage in, the Exposing specified anatomical areas, whether or not the same are covered, of oneself or of another person to view while providing massage services or while within view of a customer or patron of the massage establishment.
(6) The business license administrator shall deny an initial application for a massage establishment license or an application for renewal of a massage establishment license if the business administrator finds in writing:
(A) That the applicant, massage establishment licensee, responsible person and/ or owners of the massage business, have engaged in unlawful activity, or been convicted of any of the following offenses or convicted of an offense outside the State that would have constituted any of the following offenses if committed within the State;
(B) That the applicant/responsible person, owners and/or employees of the massage business have engaged in unprofessional conduct, including, but not limited to, personal conduct or operation of a business resulting in denial of a license, revocation, suspension, restriction, or any other disciplinary action taken against an applicant, licensee, responsible person, owner and/or employee by the city, by another state, by any other governmental agency, or by the California Massage Therapy Council.
Employee. Any person Includes every owner, partner, manager, supervisor and worker, whether paid or not, who renders any services of any nature in the operation of a to the massage establishment, with or without compensation.
Issuing officer. Has the same meaning as defined in § 5-2-1.
License. A business license issued pursuant to this Title 5 to operate a massage establishment.
Licensee. A person that holds a valid license and has obtained all other necessary approvals from the city to operate a massage establishment.
Manager. An individual who manages or who is otherwise primarily responsible for the operation of the massage establishment, and shall include each and every person responsible for establishing personnel policy, hiring personnel, ensuring that the establishment complies with the requirements of this code and of other laws, and of establishing and administering any and all policies established by the owner for the operation of the establishment.
Massage. The scientific manipulation of the soft tissues, including, but not limited to, any method of treating any of the external parts of the body for remedial, health or hygienic purposes by means of, including, but not limited l
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to, rubbing, pressuring, acupressuring, kneading, tapping, pounding, vibrating or stimulating with the hands, feet, elbows or any other part of the body, with or without the aid of any instrument or device and with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparations commonly used in this practice, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on their behalf will pay money or give any other consideration or any gratuity therefor.
Massage establishment. Any establishment having a fixed place of business location where any individual, person, firm, association, partnership, corporation, joint venture, limited liability company, or combination of individuals that engages in, conducts, carries on, or permits to be engaged in, conducted, or carried on for consideration, massages, baths, or health treatments involving massages or baths as regular functions. services are performed for compensation. The term “massage” also includes the following businesses, callings, or occupations:
(1) Acupressure;
(2) Anatomy care;
(3) Body wrap;
(4) Holistic health center or practitioner;
(5) Holistic therapy;
(6) Hydro therapy;
(7) Public bath;
(8) Sauna;
(9) Sports massage;
(10) Stress management center;
(11) Toxic herbal massage;
(12) Massage parlor; or
(13) Reflexology.
Massagist or massage technician. Any massage practitioner or massage therapist who administers to another person, for any form of compensation, a massage or other similar procedure.
Owner. Any person who has an ownership interest in a massage establishment, including officers, directors, members, partners, principals and each shareholder or interest holder holding more than 5% of the stock.
Person. Any individual, sole proprietorship, firm, partnership, corporation, association or any combination of individuals of whatever form or character.
Specified sexual activities. As defined in § 5-1-1 of the Orange County Code.
Specified anatomical areas. As defined in § 5-1-1 of the Orange County Code. 1 I
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§ 5-3-2 Massage establishment license required.
(A) License required. Any massage establishment seeking to operate within the city must first apply for and be issued a license for the massage establishment by the city. It is unlawful for any person to engage in, conduct or carry on any massage establishment or massage within the city without said license from the city. Said license may only be distributed to the licensee.
(B) Exemptions. The provisions of this subchapter do not apply to the following:
(1) Treatment administered in good faith in the course of practice of any healing art or profession by any person licensed to practice any such art or profession under the California Business and Professions Code, or any other law of this state, including physicians, surgeons, chiropractors, osteopaths, podiatrists and physical therapists;
(2) Nurses registered under the laws of the state while performing activities encompassed by such professional licenses;
(3) Barbers, estheticians and beauticians who are duly licensed under the laws of the state while engaging in practices within the scope of their licenses;
(4) Hospitals, nursing homes, sanatoriums or other health facilities duly licensed by the state;
(5) Coaches and trainers in accredited high schools, junior colleges and colleges or universities acting within the scope of their employment;
(6) Trainers of amateur, semi-professional or professional athletes or athletic teams so long as such persons do not practice massage therapy as their primary occupation at any location where they provide such services in the city; or
(7) Any profession over which the state has assumed exclusive jurisdiction as a matter of statewide concern and which gives the services or treatments included in the term “massage”, as herein defined, as incidents to such business, calling or profession.
§ 5-3-3 Restrictions and regulations.
The requirements of this section are in addition to the other provisions of this subchapter, the zoning code and any other conditions imposed by the city.
(A) Employees. It is the responsibility of the licensee to ensure that each and every person who performs massage on the premises holds a CAMTC license issued by the state. Nothing contained herein shall relieve the licensee of the responsibility of ascertaining, prior to employment, whether said person has an active, unrevoked massage technician’s license from CAMTC.
(B) Name of business. No licensee licensed under this subchapter may operate under any name or conduct the business under any designation not specified in the license.
(C) Permits not assignable. No license may be sold, transferred or assigned by the licensee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such license and such license shall thereafter be deemed terminated and void; provided and excepting, however, that if the licensee is a partnership and one or more of the partners should withdraw, one or more of the remaining partners may acquire, by purchase or otherwise, the
interest of the partner or partners who withdrew without effecting a surrender or termination of such license and in each case the licensee shall thereafter be deemed to be the surviving partner(s).
(D) Vested rights. No license granted herein shall confer any vested right to any person or business for more than the license period. All massage operators, managers and technicians subject to this subchapter shall comply with the provisions of this subchapter as they may be amended hereafter.
(E) Sale or transfer of license. Upon the sale or transfer of any interest in a massage establishment or any entity owning such massage establishment, the license issued pursuant to this Municipal Code shall be null and void unless the sale or transaction is to an applicant shown on the application for the license pursuant to which the establishment was operated. A new application shall be made by any person desiring to own or operate such massage establishment.
(F) Licensee responsibility. It is the responsibility of a licensee to ensure that a massage establishment complies with all applicable state and locals laws, and any regulations promulgated thereunder, at all times. In construing and enforcing this subchapter and any regulations promulgated under this subchapter, the act, omission or failure of an agent, officer, representative or other person acting for or employed by a licensee, within the scope of their employment or office, shall, in every case, be deemed the act, omission or failure of the licensee.
(G) Multiple licenses. Any person carrying on or conducting more than one of the businesses for which a license is required under this title shall obtain a license for each such business. Notwithstanding § 5-2-15, any person carrying on a licensed activity at more than one place of business shall obtain a new and separate license for each place of business.
§ 5-3-4 Massage regulations.
All massage establishments and massage technicians in the city must operate in conformance with the following regulations.
(A) CAMTC license requirement. It is unlawful for any person to perform, practice or administer a massage within the city without first obtaining a certificate issued by the California Massage Therapy Council pursuant to the California Business and Professions Code § 4600 et seq., or successor provision or provisions. No licensee shall employ any person as a massagist or in a massage establishment in that capacity who does not have a current and valid certificate issued by CAMTC pursuant to the California Business and Professions Code § 4600 et seq., or successor provision or provisions, or whose certificate is not in good standing.
(B) Management of massage establishments. A licensee must have the premises supervised at all times when open for business by the operator or a designated manager. A person designated as the responsible operator or manager shall be on the premises at all times of operation and must be registered with the city by the owner to receive all complaints and citations. The appointment of an operator or manager in charge must be in writing with the operator or manager in charge acknowledging this appointment.
(C) Employee register. The massage establishment must maintain a register of all people employed as a massage technician by the establishment. The register shall be maintained on the premises for a minimum period of two years after massage technicians cease their employment. The register must be updated when a massage technician is added or discontinues services at the establishment. The register shall also be made available for inspection by representatives of the city at any time during the establishment’s business hours. The register must include the following information:
(1) The proper name of each massage technician, including their first, middle and last names;
(2) Any nicknames, pseudonyms or aliases used by each massage technician; I
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(3) Each massage technician’s current residence address and relevant phone numbers;
(4) The age, date of birth, gender, height, weight, color of hair and eyes of each massage technician;
(5) All information contained in a massage technician’s massage certificate, including certificate number, date of issuance and expiration date; and
(6) The date of hire and, if applicable, termination.
(D) Facility requirements. All massage establishments must comply with the following facilities requirements and any other conditions specified by the city.
(1) A recognizable and readable sign shall be posted at the main entrance identifying the establishment as a massage establishment; provided that all such signs shall comply with the sign requirements of the city. The massage establishment license and the massage certificates for each massage technician shall be displayed in an open and conspicuous place readily visible, such as in the lobby of the massage establishment.
(2) If shower facilities are provided, an enclosed changing area, directly adjacent to the shower, shall be provided. The changing area shall be designed to allow the patron utilizing the shower facility to exit the shower, and enter the changing area, without being exposed or visible to any other area of the massage establishment. A private changing area shall be provided for each shower facility provided. The minimum dimension of the changing area shall be 25 square feet and meet ADA standards.
(3) A minimum of one separate toilet and washbasin shall be provided in each massage establishment for the use of employees of any such establishment. Said 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 washbasin sanitary towels placed in permanently installed dispensers.
(4) The storefront windows of the massage establishment shall be transparent to provide clear visibility into the unit, and the windows shall not be obscured by curtains, blinds or other temporary devices during operating hours; however, if the storefront windows are for a room where massage will occur this requirement shall not apply.
(5) (a) If an establishment is proposing the use of table showers in the facility, the entire massage room where the table shower is located shall be designed and built as a shower facility.
(b) The floor and walls shall be designed and built to be waterproof per California Building Code requirements.
(6) The room shall drain properly per the California Building Code.
(7) Locking doors are prohibited for any interior rooms where permitted massage services are rendered.
No changing rooms or other types of rooms designed for privacy, if provided, shall be used to render massage services. In the context of this section, “locking doors” shall mean any type of device, temporary or permanent, living or otherwise, which restricts, prohibits, or slows entry into a room, or provides advanced notice of entry.
Signs that state a massage is in progress are permitted.
(8) Cabinets or covered space shall be provided for the storage of clean linen. Safe and sanitary receptacles shall be provided for the storage of all soiled linen and paper towels.
(9) No massage establishment shall be located within a residential structure. 1 7
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(10) Human Trafficking Notice. Each massage establishment shall comply with the public notice requirements set forth in the California Civil Code § 52.6, as may be amended.
(11) No surveillance cameras, closed circuit cameras, video or audio recording devices of any type shall be used in any room where massage services are taking place, restrooms, customers and shower rooms or room where patrons would otherwise have an expectation of privacy when not in the immediate presence of an employee of the establishment. Furthermore, no employee shall record (video or audio) in any of the areas listed above for the purposes of monitoring the performance of a massage, any conversations or other sounds in the massage rooms.
(E) Operational requirements. All massage establishments must comply with the following operating requirements and any other conditions specified by the city.
(1) It is unlawful and prohibited for any owner, operator, responsible managing employee, manager, licensee, employee or independent contractor expose any of their specified anatomical areas to another person at the massage establishment.
(2) In no circumstance may any specified sexual activities take place at any time at the massage establishment; nor may any massage technician or employee make intentional physical contact with the specified anatomical areas of any client, patron, customer or guest.
(3) No person may live inside the massage establishment at any time. There shall be no beds located in areas not designated specifically as massage rooms.
(4) No massage establishment employing a massage technician shall be equipped with tinted or one-way glass in any room or office.
(5) There shall be no display, storage or use of any instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities, including, but not limited to, vibrators, dildos or condoms, or any goods or items which are replicas of, or which simulate, specified anatomical areas, or pornographic magazines, videos or other material.
(6) Each service offered, the price thereof and the minimum length of time such service shall be performed shall be posted in a conspicuous public location in each massage business or establishment. All letters and numbers shall be capitals not less than one inch in height. No services shall be performed and no sums shall be charged for services other than those posted. This posting requirement shall not apply to exempt physicians and/or surgeons who employ or retain non-exempt persons to perform massage therapy as part of licensed medical activities. All arrangements for services to be performed shall be made in a room that is not used for massage therapy.
(7) Alcoholic beverages may not be sold, served, furnished, kept, consumed, imbibed or possessed on the premises without a conditional use permit approved in compliance with Title 9, Chapter 1, Subchapter 2, Article 11 and any applicable California Department of Alcoholic Beverage Control licenses.
(8) Hours of operation shall be limited to the hours of 7:00 a.m. to 10:00 p.m. daily. The hours of operation shall be clearly displayed within a common area of the facility, or may be displayed as a form of window signage in compliance with Title 9, Chapter 1, Subchapter 2, Article 7.
(9) The owner or operator of each massage establishment shall display the massage establishment license issued to the establishment and the CAMTC license issued to each massage technician employed in the establishment in an accessible and conspicuous place on the premises. CAMTC certified massage practitioners shall I
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have their original state certification at their place of business and their identification card in their possession while providing massage services.
(10) No massage services shall be provided to a patron that results in intentional contact, or occasional repetitive contact, with specified anatomical areas.
(11) No person shall give, or assist in giving, any massage or other body treatment to any other person under the age of 18 years, unless the parent or guardian of the minor person has consented thereto in writing.
(12) All clients shall enter and exit through the front door of the business. The front door shall face the street or, if no street-facing door exists, the door that is most visible from the customer-oriented and publicly accessible area of the property. No entrance to any massage business shall be provided or permitted adjacent to any service/delivery area, city alley, utility/maintenance area, or, in the case of multi-tenant buildings or commercial centers, directly accessible to covered parking areas that are not directly accessible by other tenant suites visible from the massage business’s entry. “Directly accessible” in the context of this section means public access to a business which occurs without passage through a common entryway, hall, staircase, courtyard, or corridor that provides the main public access to multiple tenant suites in the building or commercial center.
(13) Transaction of funds shall only occur at a designated location near the front door of the store.
(F) Attire requirements. All employees, including massage technicians, must, at all times while on the business premises, wear clean clothing that is not transparent, see-through or that substantially exposes undergarments, breasts, buttocks or genitals.
(G) Illegal activity. Massage establishments are prohibited from operating anywhere on the propertyin the same location where illegal activity previously occurred.
(H) Proximity to other establishments. Massage establishments are prohibited from operating within 500 feet of another massage establishment.
(I) Human Trafficking Notice. Each massage establishment shall comply with the public notice requirements set forth in the California Civil Code § 52.6, as may be amended.
§ 5-3-5 Authority to administer and enforce subchapter.
The issuing officer has the authority to administer and enforce this subchapter. The issuing officer may adopt supplemental regulations or policies to implement and interpret this subchapter.
§ 5-3-6 Inspection and enforcement.
(A) Violations. It is unlawful and declared a public nuisance for any person to operate, conduct or maintain a massage establishment contrary to the provisions of this subchapter.
(B) State law. This subchapter is intended to supplement state law. In the event of a conflict between this subchapter and state law, the city shall give effect to state law.
(C) Interference with inspection. It is unlawful for any person having responsibility over the operation of a massage establishment to impede, obstruct, interfere with or otherwise not to allow the city to conduct an inspection and review or copy records, recordings or other documents required to be maintained by a massage establishment under this subchapter or under state law. Failure to cooperate with or refuse an inspection is subject to suspension, revocation or nonrenewal of a license. It is also unlawful for a person to conceal, destroy, deface, r l
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damage or falsify any records, recordings or other documents required to be maintained by a massage establishment under this subchapter.
(D) Criminal penalties. Any person who violates any provision of this subchapter is guilty of a misdemeanor punishable in accordance within Title 1 Chapter 1; except the city attorney, in their discretion, may prosecute a violation of this subchapter as an infraction subject to the penalties in Title 1, Chapter 1.
(E) Administrative citations. Administrative citations may be issued for violations of the provisions of this subchapter, as set forth in Title 1, Chapter 3, Subchapter 2.
(F) Civil or equitable enforcement. The City Attorney may bring a civil or equitable action to seek the abatement of any violation of this subchapter.
(G) Aiding, abetting and omissions. Whenever in this subchapter any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.
(H) Ongoing violations. Each and every day a violation is maintained, caused, aided, abetted, concealed, suffered or permitted is a separate offense.
(I) Remedies cumulative. The remedies, procedures and penalties provided by this subchapter are cumulative to each other and to any other available under city, state or federal law.
§ 5-3-7 Application review and decision.
(A) On-site inspection. An application for a massage establishment license mayshall require the review authority to perform an on-site inspection of the subject premises before confirming that the request complies with all the applicable criteria set forth in this subchapter § 5-3-4 and any other related code or policies.
(B) Findings for license issuance. The issuing officer may approve a massage establishment license only if they find that the applicant fulfills the requirements as set forth in this subchapter.
(C) Grounds for denial. After the completion of the city’s application review, the issuing officer may, in addition to the grounds of denial set forth in § 5-2-5, deny the issuance a massage establishment license if any of the following findings are made:
(1) The requirements of this subchapter have not been satisfied, including if the applicant failed to submit a complete application, failed to submit any supplemental information or documentation upon request or failed to pay the requisite application fee;
(2) The applicant or any owner has had any massage, business or professional license or permit denied, suspended or revoked by any agency, board, city, county, territory or state;
(3) The applicant has made a false, misleading or fraudulent statement or omission of fact to the city in the application, or in the license application process;
(4) The applicant or any owner has been convicted of an offense specified in the California Government Code § 51032 or has engaged in disqualifying conduct;
(5) The massage establishment does not employ or use only state certified massage practitioners and therapists whose certifications are valid and that owners of the state certificates are the same persons to whom CAMTC issued valid and current identification cards;
(6) The massage establishment as proposed by the applicant would not comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards; or
(7) The applicant is a natural person under 18 years of age.
(D) Decision. If the issuing officer determines that an applicant does not fulfill the requirements as set forth in this subchapter, the issuing officer must deny the application. The issuing officer may issue the license with conditions.
The issuing officer must serve the applicant with a written decision stating whether the application is approved, conditionally approved or denied within 90 calendar days of the filing of the completed application. The foregoing 90-day deadline is precatory only; failure to meet this deadline does not affect the power of the issuing officer to act on the application. The notice must state the reasons for the denial, the right of the applicant to contest the decision and that issuing officer’s decision may be contested in compliance with Title 5, Chapter 2.
(E) Right to contest decision. An applicant may contest the issuing officer’s decision denying an application for a massage establishment license in accordance with the timelines and procedures set forth in Title 5, Chapter 2. The issuing officer’s decision is final if no written request for a hearing is timely submitted to and received by the city.
(F) Limit on reapplication. If the issuing officer denies the application, a new application may not be submitted for a period of one year.
§ 5-3-8 Grounds for suspension and revocation of license.
(A) The issuing officer may suspend or revoke any license issued under this subchapter in any of the following circumstances:
(1) The issuing officer makes any findings necessary to deny a license under §§ 5-2-5 or 5-3-7;
(2) The licensee failed to comply with the provisions of this subchapter or any regulations adopted pursuant to this subchapter; any term or condition imposed on the license; the California Business and Professions Code § 4600 et seq.; or any law of the state regulating massage establishments or massage technicians;
(3) The licensee employs or uses one or more non-CAMTC certified massage practitioners or massage therapists to perform massage services; or
(4) The licensee has engaged in disqualifying conduct.
(B) Contesting decision. The licensee may contest the issuing officer’s decision denying an application, or suspending, or revoking a license, in accordance with the procedures set forth in Title 5, Chapter 2.
(C) Limit on reapplication after revocation. If the issuing officer revokes a license, a new application may not be submitted for a period of one year.
§§ 5-3-59—5-3-14 Reserved.