PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item 12.C
Meeting Date: August 19, 2025
TITLE:
Introduction (First Reading) of an Ordinance Amending Pismo Beach Municipal Code Chapter 5.11 – Massage Establishments
RECOMMENDATION:
Introduce an Ordinance amending Chapter 5.11 Article 1: Massage Establishments, of the Pismo Beach Municipal Code, Relating to Schools of Massage and other Administrative Provisions.
DISCUSSION:
On April 1, 2025, the City Council directed staff to prepare amendments to the City’s massage establishment ordinance to address operational and permitting requirements for massage schools and to reduce or eliminate the existing 1,000-foot separation requirement between massage establishments.
Chapter 5.11 of the Pismo Beach Municipal Code (PBMC) was originally enacted to regulate the operation of massage establishments, establish health and safety requirements, and provide a framework for enforcement to prevent illicit activity. The ordinance relied on distance requirements between establishments to prevent over- concentration.
Over time, the California Massage Therapy Council (CAMTC) has strengthened professional standards and licensing requirements for practitioners and establishments.
In addition, the City recognizes the need to address educational institutions offering massage therapy instruction to ensure these facilities are appropriately regulated while supporting professional training opportunities.
The proposed ordinance (Attachment 1) expands definitions to include “school of massage” or “massage school” as CAMTC-approved institutions and require massage schools to obtain a massage establishment/school permit issued by the Police Department, similar to massage establishments. The amendments establish permitting, background check, and operational requirements specific to massage schools, including those offering instruction as a stand-alone facility or as part of an existing massage establishment, and require students providing massage services to the public to do so under appropriate supervision.
The amendments also reduce the existing 1,000-foot separation requirement between massage establishments to 500 feet. The reduced separation standard of 500 feet applies only to primary massage establishments, which occupy more than 25 percent of the floor area, with an explicit exemption for massage schools. This change is intended to allow greater flexibility for businesses and training facilities, reflecting current market and regulatory conditions. Because this proximity limitation is also reflected in the Zoning Council Agenda 8-19-2025 12.C-1
Code, the City Council’s direction to reduce it in Chapter 5.11 will also need to be accounted for in the forthcoming Zoning Ordinance update.
Finally, the proposed ordinance makes other streamlining and housekeeping revisions, including adjusting the language regarding the permitting appeals process to more closely match the administrative appeals process established by PBMC Chapter 1.24.
Alternatives
The City Council may introduce the ordinance as proposed, modify the ordinance and introduce it as amended, or take no action, in which case the existing ordinance would remain in effect.
Recommendation
Staff recommends that the City Council introduce an ordinance (Attachment 1) that will amend PBMC Chapter 5.11, Article 1 to allow for the permitting of massage schools, reduce the existing proximity limitation between establishments, and make other administrative updates. If the Council acts to introduce the Ordinance as recommended, it will be returned for adoption at the next available meeting and will become effective by statute 30 days thereafter.
FISCAL IMPACT:
No significant fiscal impact is anticipated from staff’s recommended action. Application and renewal fees for massage establishments and massage schools are set by City Council resolution and are designed to recover costs of background checks, inspections, and permit processing.
ATTACHMENTS:
1. Draft Ordinance
Submitted by: Jeff Smith, Chief of Police
City Manager Approval:
Council Agenda 8-19-2025 12.C-2
ORDINANCE NO. O-2025-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING CHAPTER 5.11 ARTICLE 1: MASSAGE
ESTABLISHMENTS, OF THE PISMO BEACH MUNICIPAL CODE, RELATING TO
SCHOOLS OF MASSAGE AND OTHER ADMINISTRATIVE PROVISIONS
WHEREAS, Article 11, Section 7 of the California Constitution authorizes the City to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, Chapter 5.11, Article 1 of the Pismo Beach Municipal Code regulates the personal services businesses of massage establishments by imposing certain performance standards, including limiting hours of operation and imposing professional certification requirements, to help minimize actual and potential negative impacts from such businesses, such as human trafficking; and
WHEREAS, it is the intent of the City Council in enacting this ordinance to maintain high standards of professional qualification for massage practitioners in the city while providing some flexibility in how those standards are met, including provisions for massage therapy instruction as part of CAMTC-approved schools of massage; and WHEREAS, the Council desires to make other amendments to the existing regulations in order to facilitate ease of compliance by legitimate massage practitioners in the city.
NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:
SECTION 1.
The foregoing recitals are adopted as findings of fact in support of this ordinance.
SECTION 2.
Chapter 5.11, Article 1, of the Pismo Beach Municipal Code is hereby revised to read in its entirety as follows:
Article I. Massage Establishments
5.11.020 Purpose and intent—massage establishments.
A. In enacting this article regarding massage establishments, the city council recognizes that commercial massage therapy is a professional pursuit which can offer the public valuable health and therapeutic services. The city council further recognizes that, unless properly regulated, the practice of massage therapy and the operation of massage establishments may be Council Agenda 8-19-2025 12.C-3
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associated with unlawful activity and pose a threat to the quality of life in the local community. Accordingly, it is the purpose and intent of this article to protect the public health, safety, and welfare by providing for the orderly regulation of businesses providing massage therapy and education services, discouraging prostitution, human trafficking, and related illegal activities carried on under the guise of massage therapy, and establishing certain sanitation, health, and operational standards for massage establishments.
B. Furthermore, it is the council's purpose and intent to rely upon the uniform statewide regulations applicable to massage practitioners and establishments that were enacted by the State Legislature in 2008 as Business and Professions Code Section 4600 et seq. by Senate Bill 731, amended in 2011 by Assembly Bill 619, amended in 2014 by Assembly Bill 1147, amended in 2016 by Assembly Bill 2194 which also amended Government Code Section 51034, and amended by Assembly Bill 1504, or substantially similar qualifications, and to restrict the commercial practice of massage in the city to those persons duly certified to practice by the California Massage Therapy Council or who have substantially similar qualifications or are actively pursuing such certification or substantially similar qualifications and are properly supervised, and to provide for the registration and regulation of massage establishments for health and safety purposes to the extent allowed by law.
5.11.030 Definitions.
For the purposes of this article, unless the particular provision or the context otherwise clearly requires, the definitions in this section shall govern the construction, meaning, and application of words and phrases used in this article:
A. "Business" includes, but not by way of limitation, everything about which a person can be employed, and means that which occupies the time, attention, and labor of persons for the purpose of producing a livelihood or profit, and connotes the efforts of persons by varied and diverse methods of dealing with each other, to improve their individual economic conditions, and for the purposes of this article shall include, without limitation, the advertising and soliciting of massages. The term "business" includes, but is not limited to, a massage practitioner who is the sole owner, operator, and employee of a massage establishment operating as a sole proprietorship, as well as a massage establishment which employs massage practitioners and therapists.
B. "California Massage Therapy Council" or "CAMTC" means the massage therapy organization formed pursuant to Business and Professions Code Section 4600.5.
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C. "Certified massage practitioner" means any individual certified by the California Massage Therapy Council as a certified massage therapist or as a certified massage practitioner pursuant to California Business and Professions Code Section 4600 et seq.
D. "Client" means the customer or patron who pays for or receives massage services.
E. "Compensation" means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.
F. "Employee" means any person employed by a massage establishment who may render any service to the business, and who receives any form of compensation from the business.
G. "Established massage practitioner" means any person who is over eighteen years of age and who holds an established massage practitioner permit issued pursuant to Section 5.11.050 of this code and who is not a certified massage practitioner.
H. "Health officer" means the person appointed by the County of San Luis Obispo Health Department pursuant to the California Health and Safety Code or their authorized representatives or designees.
I. "Massage" or "massage therapy" means and refers to any method of treating the external parts of the body for remedial, health, or hygienic purposes for any form of compensation by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances.
J. "Massage establishment" means any establishment that offers massage therapy in exchange for compensation, including both fixed places of business and outcall services. This includes massage clinics, massage parlors, spas offering massage services, and massage schools providing services to the public for compensation, whether as part of their educational program or otherwise.
K. "Massage establishment permit" means the certification issued by the police chief, or their authorized representative(s) or designee(s), and required by this article in order to operate a massage establishment in Pismo Beach.
L. “Massage instruction” means instruction in massage therapy techniques, theory, or practice for compensation, whether or not such instruction includes hands-on training or supervision.
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M. "Massage practitioner" means a certified massage practitioner, an established massage practitioner, or a probationary massage practitioner.
N. "Operator" or "massage establishment operator'' means any and all owners of a massage establishment and/or massage school.
O. "Outcall massage" means the engaging in or carrying on of massage therapy for compensation in a location other than the business operations address set forth on the massage establishment permit.
P. "Owner" means any of the following persons:
1. Any person who is a general partner of a general or limited partnership that owns a massage establishment.
2. Any person who has a five percent (5%) or greater ownership interest in a corporation that owns a massage establishment.
3. Any person who is a member of a limited liability company that owns a massage establishment.
4. Any person who has a five percent (5%) or greater ownership interest in any other type of business association that owns a massage establishment.
Q. "Person" means any individual, firm, association, partnership, corporation, joint venture, limited liability company, or combination of individuals.
R. "Police chief' means the police chief of the city of Pismo Beach and their authorized representative(s) or designee(s).
S. "Probationary massage practitioner" means any person who is over eighteen years of age and who holds a probationary massage practitioner permit issued pursuant to Section 5.11.060 and who is not a certified massage practitioner. Probationary massage practitioners may be either employees or students.
T. "Reception and waiting area" means an area immediately inside the front door of the massage establishment dedicated to the reception and waiting of patrons of the massage establishment and visitors, and which is not a massage therapy room or otherwise used for the provision of massage therapy services.
U. "School of massage" or “massage school” means any school or institution of learning that is recognized as an approved school pursuant to Business and Professions Code Section 4600 et seq., as currently drafted or as may Council Agenda 8-19-2025 12.C-6
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be amended and is recognized and in good standing with the California Massage Therapy Council.
V. "Sole proprietorship" means and includes any legal form of business organization where the business owner (sometimes referred to as the "sole proprietor") is the only person employed by that business to provide massage services.
W. "Solicit" means to request, ask, demand, or otherwise arrange for the provision of services.
X. “Student” means any individual receiving instruction in massage therapy who is not an employee of a massage establishment.
5.11.040 CAMTC certification and city permit required.
A. Individuals. At any time later than six (6) months after the effective date of this article, it shall be unlawful for any individual to practice massage therapy within the city of Pismo Beach unless that individual is (i) a certified massage practitioner by the California Massage Therapy Council, (ii) an established massage practitioner or (iii) a probationary massage practitioner. Certified massage practitioners and established massage practitioners who are providing massage therapy or instruction services as an independent contractor must obtain a valid city of Pismo Beach business license. Probationary massage practitioners must practice massage and/or massage therapy under the supervision of a certified massage practitioner or an established massage practitioner at a business with a valid massage establishment permit.
B. Businesses. At any time later than six (6) months after the effective date of this article, it shall be unlawful for any business to provide massage therapy within the city of Pismo Beach unless all individuals employed by the massage establishment to perform massage, whether as an employee, independent contractor, or sole proprietorship, are certified massage practitioners, established massage practitioners, or probationary massage practitioners (provided such probationary massage practitioners are provided adequate supervision) and said business has obtained a valid massage establishment permit issued by the police chief as provided in this article and a valid city of Pismo Beach business license.
C. Massage Schools. At any time later than six (6) months after the effective date of this article, it shall be unlawful for any person or business to operate a massage school within the city of Pismo Beach without a valid massage establishment permit. No person shall provide massage instruction except through a licensed school of massage that holds a valid massage establishment permit issued under this article.
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5.11.050 Established massage practitioner permit.
A. Application. The application for an established massage practitioner permit shall include all of the following:
1.Legal name of the applicant seeking to practice massage.
2. Address and telephone number of the applicant.
3. Name, address, and telephone number of the massage
establishment the applicant owns or at which the applicant is employed or independently contracted.
4. An application for a background check, including the following: Live scan fingerprints; all arrest, felony or misdemeanor convictions, pleas of guilty, pleas of nolo contendere, or expungements; the individual's business, occupation, and employment history for the five (5) years preceding the date of the application; the inclusive dates of such employment history; the name and address of any massage establishment, massage school, or similar business owned or operated by the individual whether inside or outside the city of Pismo Beach.
5. A diploma, certificate, or similar documentation from a licensed massage or massage therapy school demonstrating successful completion of curricula in massage and related subjects that incorporates appropriate school assessment of student knowledge and skill.
6. Documentation demonstrating sufficient level of training and/or experience as follows:
a. Completion of a minimum of five hundred (500) hours of massage therapy instruction, at least one hundred (100) hours of which addressed anatomy, physiology,
contraindications, health and hygiene, and business ethics, and passage of a massage and bodywork competency
assessment examination that meets generally recognized
psychometric principles.
b. In lieu of or in addition to training and experience required under Section 5.11.050(A)(6)(a) of this code, the applicant may instead provide documentation that the applicant has been practicing massage therapy in good standing since
before 2016, as evidenced by a valid business license,
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massage therapy license, or similar license, permit, or approval that has not been suspended or revoked at any point during the relevant time period.
7. A valid and current driver's license and/or identification issued by a state or federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government.
8. A signed statement that all of the information contained in the application is true and correct; and acknowledging that failure to comply with any applicable local, state, or federal law, or the provisions of this article may result in revocation of the established massage practitioner permit.
B. Issuance. Upon provision by the applicant of the foregoing documentation, the police chief may issue the applicant an established massage practitioner permit, which shall be valid for two (2) years from the date of issuance. No reapplication will be accepted within one (1) year after an application or renewal is denied or a permit is revoked. Established massage practitioner permits may not be issued if the applicant:
1. Is currently serving a suspension or revocation pursuant to Section
5.11.140 of this code;
2. Has received a notice of suspension, revocation, or fine issued pursuant to Section 5.11.140 of this code, or there is a currently pending appeal of such a suspension, revocation, or fine;
3. Has outstanding fines issued pursuant to Section 5.11.140 of this code that have not been paid;
4. Is a certified massage practitioner or a probationary massage practitioner.
C. Amendment. An established massage practitioner shall notify the police chief within thirty (30) days after any change in the established massage practitioner permit information, including, but not limited to any changes in address and/or telephone number, place of employment, or qualifications.
D. Renewal. An established massage practitioner shall apply to the police chief to renew its established massage practitioner permit at least thirty (30) days prior to the expiration of said permit. If an application for renewal of an established massage practitioner permit and all required information are not timely received and the permit expires, no right or privilege to provide massage therapy or instruction shall exist.
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E. Fees. A nonrefundable fee as set by resolution of the city council shall accompany the submission of each established massage practitioner permit application and renewal application to defray the costs of the application review and permit preparation. There shall be no fee for any amendment of an established massage practitioner permit. The provisions of this section shall not prevent the city from establishing fees for safety inspections as may be conducted from time to time and for the background checks, fingerprinting, and subsequent arrest notification for established massage practitioners.
F. Transfer. An established massage practitioner permit is not transferable.
G. Denial. In the event of a denial for an established massage practitioner permit, notification of the denial and reasons therefor shall be provided in writing and shall be provided to the applicant by personal delivery or by registered or certified mail.
5.11.060 Probationary massage practitioner permit.
A. Application. The application for a probationary massage practitioner permit shall include all of the following:
1. Legal name of the applicant seeking to practice massage.
2. Address and telephone number of the applicant.
3. Name, address, and telephone number of the massage
establishment at which the applicant is or will be studying, employed, or independently contracted.
4. Name and address of a certified massage practitioner or an established massage practitioner sponsoring the applicant who works at the same massage establishment as the applicant.
5. An application for a background check, including the following: Live scan fingerprints; all arrest, felony, or misdemeanor convictions, pleas of guilty, pleas of nolo contendere, or expungements; the individual's business, occupation, and employment history for the five years preceding the date of the application; the inclusive dates of such employment history; the name and address of any massage establishment or similar business owned or operated by the individual whether inside or outside the city of Pismo Beach.
6. Proof of current enrollment in school of massage (i.e. a CAMTC- approved school or a licensed massage or massage therapy school).
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7. Documentation of successful completion of a minimum of one hundred (100) hours of curricula in massage and related subjects.
8.A valid and current driver's license and/or identification issued by a state or federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government.
9. A signed statement that all of the information contained in the application is true and correct; certifying that the applicant is actively pursuing certification with the CAMTC, and acknowledging that failure to comply with the California Business and Professions Code Section 4600 et seq., any other applicable local, state, or federal law, or the provisions of this article may result in revocation of the probationary massage practitioner permit.
B. Issuance. Upon provision by the applicant of the foregoing documentation, the police chief may issue the applicant a probationary massage practitioner permit, which shall be valid for one (1) year from the date of issuance. No reapplication will be accepted within one (1) year after an application or renewal is denied or a permit is revoked. Probationary massage practitioner permits may not be issued if the applicant:
1. Is currently serving a suspension or revocation pursuant to Section
5.11.140 of this code;
2. Has received a notice of suspension, revocation or fine issued pursuant to Section 5.11.140 of this code, or there is a currently pending appeal of such a suspension, revocation, or fine;
3. Has outstanding fines issued pursuant to Section 5.11.140 of this code that have not been paid;
4. Is a certified massage practitioner or an established massage practitioner.
C. Amendment. A probationary massage practitioner shall notify the police chief within thirty (30) days after any change in the probationary massage practitioner permit information, including, but not limited to any changes in address and/or telephone number, place of employment or study, qualifications, or successful certification by the CAMTC, or successful completion of curricula at a licensed massage or massage therapy school and sufficient level of training and/or experience such that the probationary massage practitioner is eligible for an established massage practitioner permit.
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D. Renewal. A probationary massage practitioner shall apply to the police chief to renew its probationary massage practitioner permit at least thirty (30) days prior to the expiration of said permit. If an application for renewal of a probationary massage practitioner permit and all required information are not timely received and the permit expires, no right or privilege to provide massage shall exist.
E. Fees. A nonrefundable fee as set by resolution of the city council shall accompany the submission of each probationary massage practitioner permit application and renewal application to defray the costs of the application review and permit preparation. There shall be no fee for any amendment of a probationary massage practitioner permit. The provisions of this section shall not prevent the city from establishing fees for safety inspections as may be conducted from time to time and for the background checks, fingerprinting, and subsequent arrest notification for probationary massage practitioners.
F. Transfer. A probationary massage practitioner permit is not transferable.
G. Denial. In the event of a denial for a probationary massage practitioner permit, notification of the denial and reasons therefor shall be provided in writing and shall be provided to the applicant by personal delivery or by registered or certified mail.
5.11.070 Massage establishment permit.
A. Application. The application for a massage establishment permit shall include all of the following:
1. Legal name of the massage establishment.
2. Address and telephone number of the proposed massage establishment location.
3. Legal names of all owners of the massage establishment.
4. A list of all of the massage establishment's employees, students, and independent contractors who will be performing massage therapy and, for each employee, student, or independent contractor, either (i) a current copy of the CAMTC certification, (ii) the documentation required under Section 5.11.050 of this code for established massage practitioners or an established massage practitioner permit, or (iii) the documentation required under Section 5.11.060 of this code for probationary massage practitioners or a probationary massage practitioner permit.
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5. Residential address and telephone number of all owners of the massage establishment.
6.Business address and telephone number of all owners of the massage establishment.
7. The form of business under which the massage establishment will be operating (i.e., corporation, general or limited partnership, limited liability company, or other form).
8. Each owner or operator of the massage establishment who is not a certified massage practitioner, established massage practitioner, or probationary massage practitioner shall submit an application for a background check, including the following: Live scan fingerprints; all arrest, felony, or misdemeanor convictions, pleas of guilty, pleas of nolo contendere or expungements; the individual's business, occupation, and employment history for the five (5) years preceding the date of the application; the inclusive dates of such employment history; the name and address of any massage establishment, massage school, or similar business owned or operated by the individual whether inside or outside the city of Pismo Beach.
9. For all owners, a valid and current driver's license and/or identification issued by a state or federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government.
10. For all owners, a signed statement that all of the information contained in the application is true and correct; that all owners shall be responsible for the conduct of the business's employees, students, or independent contractors providing massage services; and acknowledging that failure to comply with the California Business and Professions Code Section 4600 et seq., any local, state, or federal law, or the provisions of this article may result in revocation of the business's massage establishment permit.
B. Issuance. Upon provision by the massage establishment of the foregoing documentation, the police chief may issue the massage establishment a massage establishment permit, which shall be valid for two (2) years from the date of issuance. No reapplication will be accepted within one (1) year after an application or renewal is denied or a permit is revoked. Massage establishment permits may not be issued to a massage establishment seeking to operate at a particular location if:
1. Another massage establishment is or was operating at that particular location and that massage establishment is currently serving a Council Agenda 8-19-2025 12.C-13
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suspension or revocation pursuant to Section 5.11.140 of this code, during the pendency of the suspension or one (1) year following revocation;
2. Another massage establishment is or was operating at that particular location and that massage establishment has received a notice of suspension, revocation, or fine issued pursuant to Section 5.11.140 of this code, during the ten (10) day period following receipt of the notice or while any appeal of a suspension, revocation, or fine is pending;
3. Another massage establishment is or was operating at that particular location and that massage establishment has outstanding fines issued pursuant to Section 5.11.140 of this code that have not been paid.
C. Amendment. A massage establishment shall notify the police chief within thirty (30) days after any change in the massage establishment permit information, including, but not limited to, the hiring or termination of certified massage practitioners, established massage practitioners, or probationary massage practitioners, or any changes in the owner(s)' addresses and/or telephone numbers.
D. Renewal. A massage establishment shall apply to the police chief to renew its massage establishment permit at least thirty (30) days prior to the expiration of said permit. If an application for renewal of a massage establishment permit and all required information are not timely received and the certificate expires, no right or privilege to provide massage therapy or instruction shall exist.
E. Fees. A nonrefundable fee as set by resolution of the city council shall accompany the submission of each massage establishment permit application and renewal application to defray the costs of the application review and permit preparation. There shall be no fee for any amendment of a massage establishment permit unless there is a change of address for the business location, at which time a new massage establishment permit application will be required along with a new facility inspection by both the police and fire departments. The provisions of this section shall not prevent the city from establishing fees for safety inspections as may be conducted from time to time and for the background checks, fingerprinting, and subsequent arrest notification for owners of a massage establishment who are subject to such background checks pursuant to this article.
F. Transfer. A massage establishment permit is not transferable to a new owner or ownership group. A new application for a massage establishment permit shall be submitted to the city by the new owner(s). A massage Council Agenda 8-19-2025 12.C-14
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establishment permit may not be transferred to a new owner during any period of suspension or one (1) year following revocation pursuant to Section 5.11.140 of this code, during the ten (10) day period following a massage establishment's receipt of a notice of suspension, revocation, or fine issued pursuant to Section 5.11.140 of this code or while any appeal of a suspension, revocation, or fine is pending. Further, a massage establishment permit application shall not be approved until all outstanding fines issued pursuant to Section 5.11.140 of this code have been paid.
G. Denial. In the event of a denial for a massage establishment permit, notification of the denial and reasons therefor shall be provided in writing and shall be provided to the applicant by personal delivery or by registered or certified mail.
5.11.080 Operating requirements.
At any time later than six (6) months after the effective date of this article, no person shall engage in, conduct, carry on, or permit any massage therapy and/or instruction within the city of Pismo Beach unless all of the following requirements are met:
A. All massage practitioners must register, in person, with the Pismo Beach Police Department and certified massage practitioners must present a valid CAMTC certificate. Application for and issuance of an established massage practitioner permit or a probationary massage practitioner permit shall satisfy this in-person registration requirement.
B. Massage therapy and/or instruction shall be provided or given only between the hours of 6:00 a.m. and 9:00 p.m. No massage establishment shall be open and no massage therapy and/or instruction shall be provided between 9:00 p.m. and 6:00 a.m. A massage therapy or instruction session commenced prior to 9:00 p.m. shall nevertheless terminate at 9:00 p.m., and, in the case of a massage establishment, all clients shall exit the premises at that time. It is the obligation of the massage establishment to inform clients of the requirement that services must cease at 9:00 p.m.
C. A copy of the CAMTC certificate of each and every certified massage practitioner employed in the massage establishment shall be displayed in the reception area or similar open public place on the premises. A copy of the established massage practitioner permit or probationary massage practitioner permit of each and every established and probationary massage practitioner shall be present on site and available for immediate inspection during business hours. CAMTC certificates, established massage practitioner permits, or probationary practitioner permits of former employees and/or contractors shall be removed as soon as those massage Council Agenda 8-19-2025 12.C-15
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practitioners are no longer employed by or offering services through the massage establishment.
D.For each massage therapy service provided, including massage therapy sessions provided for purposes of instruction, every massage establishment shall keep a complete and legible written record of the following information: The date and hour that service was provided; the service received; the name or initials of the employee entering the information; and the name of the massage practitioner administering the service. Such records shall be open to inspection and copying by police officers, or other city officials charged with enforcement of this article. These records may not be used by any massage practitioner or operator for any purpose other than as records of service provided and may not be provided to other parties by the massage practitioner or operator unless otherwise required by law. Such records shall be retained on the premises of the massage establishment for a period of two years and be immediately available for inspection during business hours.
E. Massage establishments shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens. Clean towels, coverings, and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one (1) client, unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one (1) client. Soiled linens and paper towels shall be deposited in separate, approved receptacles.
F. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bathrooms, tanning booths, whirlpool baths, and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the health officer.
Bathtubs shall be thoroughly cleaned after each use with a disinfectant approved by the health officer. All walls, ceilings, floors, and other physical facilities for the business must be in good repair and maintained in a clean and sanitary condition.
G. Instruments utilized in performing massage therapy and/or instruction shall not be used on more than one (1) client unless they have been sterilized, using approved sterilization methods under the California Safe Body Art Act, Health & Safety Code Section 119300 et seq.
H. All massage establishment operators and their employees and/or students, including massage practitioners, shall wear clean, non-transparent outer garments. Said garments shall not expose their genitals, pubic areas, buttocks, or chest, and shall not be worn in such manner as to expose the genitals, pubic areas, buttocks, or chest. For the purposes of this section, Council Agenda 8-19-2025 12.C-16
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outer garments means a garment worn over other garments and does not include garments like underwear, bras, lingerie, or swimsuits.
I.No tobacco products or cannabis products shall be stored, sold, served, consumed, or furnished on the premises of any massage establishment. No person shall enter, be, or remain in any part of a massage establishment while consuming or using any tobacco or cannabis product. The owner, operator, responsible managing employee, or manager shall not permit any such person to enter or remain upon such premises.
J. No massage establishment 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 clients that any service is available other than those services as described in compliance with the provisions of this article.
K. No massage therapy or instruction shall be given unless the client's genitals are, at all times, fully covered. A massage practitioner shall not, in the course of administering any massage, make physical contact with the genitals of any other person regardless whether the contact is over or under the person's clothing.
L. Where the establishment has staff available to assure security for clients and massage staff are behind closed doors, the entry to the reception area of the massage establishment shall remain unlocked during business hours when the establishment is open for business or when clients are present.
M. No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall, during business hours, block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises.
For the purpose of this subsection, there is a presumption that the visibility is impermissibly blocked if more than ten percent (10%) of the interior reception and waiting area is not visible from the exterior window.
N. All signs shall be in conformance with the current ordinances of the city of Pismo Beach or as otherwise outlined in any applicable planning entitlement(s) or building permit(s) for the massage establishment.
O. Minimum lighting consisting of at least one (1) artificial light of not less than forty (40) watts shall be provided and in operation in each room or enclosure where massage therapy and/or instruction services are being performed, and in all areas where clients are present.
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P. Ventilation shall be provided in accordance with applicable building codes and regulations.
Q. Hot and cold running water shall be provided at all times.
R. Adequate dressing, locker, and toilet facilities shall be provided for clients.
S. A minimum of one (1) wash basin with hot and cold running water for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing of massage services. Sanitary towels shall also be provided at each basin.
T. Pads used on massage tables shall be covered with durable, washable plastic or other waterproof material. One-time use disposable pads are permitted as long as they are only used for one (1) client and then disposed of.
U. All massage establishments shall comply with all state and federal laws and regulations for disabled clients.
V. A massage practitioner shall operate only under the name specified in their CAMTC certificate, established massage practitioner permit, or probationary massage practitioner permit. A massage establishment shall operate only under the name specified in its massage establishment permit and city business license.
W. No massage establishment permit shall be issued for the operation of a massage establishment in a residence and no person shall be allowed to reside within the massage establishment or in attached structures owned, leased, or controlled by the massage establishment.
X. No massage establishment shall be open for business or provide massage therapy or instruction services between the hours of 11:00 p.m. and 5:00 a.m. No patron shall be permitted to enter or remain on the premises outside of the permitted operating hours.
Y. No new primary massage establishment shall be established or operated within five hundred (500) feet from any like establishment. Five hundred feet shall be the minimum linear distance between the closest points along the boundaries of the parcel upon which the existing personal services business is located and the parcel upon which the additional personal services business is proposed, respectively, as determined by the community development director or designee. "Primary" for purposes of this subsection means occupying more than twenty-five percent (25%) of the floor area of the establishment. Notwithstanding the foregoing, a school of massage may Council Agenda 8-19-2025 12.C-18
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operate as a stand-alone facility or as part of a massage establishment and shall not be subject to the distance requirement set forth in this section.
5.11.090 Outcall massage.
Outcall massage may only be performed under the following criteria:
A. Residences: Massage may be given at private residences owned or rented by the client. The massage practitioner must be either an employee, independent contractor, or sole proprietor of a currently permitted massage establishment in the city of Pismo Beach. Non-employee students receiving instruction in massage therapy shall not perform outcall massage services.
B. Special Events: At a city of Pismo Beach-approved special event by a certified massage practitioner who is either an employee, student, independent contractor, or sole proprietor of a currently permitted massage establishment in Pismo Beach or an individual operating only at the special event and who is in possession of and has on display a valid city of Pismo Beach business license.
5.11.100 Inspection by officials.
The investigating and enforcing officials of the city of Pismo Beach and the county of San Luis Obispo, including but not limited to law enforcement, code enforcement, fire officials, health officer, and the community development director, or their respective authorized representative(s) or designee(s), shall have the right to enter the massage establishment premises from time to time during regular business hours for the purpose of making reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing, or health regulations, and to enforce compliance with applicable regulations, laws, and statutes, and with the provisions of this article. The Pismo Beach police department, community development department, and fire department may charge a nonrefundable fee for any safety inspections. Such fee shall be established by resolution of the city council.
5.11.110 Notifications.
A. A massage establishment shall notify the police chief of any changes described in Section 5.11.070 of this code pursuant to the timelines specified therein.
B. A registrant shall report to the police chief any of the following within ninety- six (96) hours of the occurrence:
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1. Arrests of any employees or owners of the registrant's massage establishment for an offense other than a misdemeanor traffic offense;
2. Resignations, terminations, or transfers of massage practitioners employed by, or studying at, the registrant's massage establishment;
3. Any event involving the registrant's massage establishment or the massage practitioners employed or studying therein that constitutes a violation of this article or state or federal law.
C. This section requires reporting to the police chief even if the massage establishment believes that the police chief has or will receive the information from another source.
5.11.120 Exemptions.
A. The provisions of this article shall not apply to the following classes of individuals or businesses while engaged in the performance of their duties and providing massage therapy or instruction under their scope of practice:
1. Physicians, surgeons, chiropractors, osteopaths, nurses, or any physical therapists who are duly licensed to practice their respective professions in the State of California and persons working directly under the supervision of or at the direction of such licensed persons, working at the same location as the licensed person, and administering massage services subject to review or oversight by the licensed person.
2. Acupuncturists who are duly licensed under the laws of the State of California while engaging in the practice of acupuncture pursuant to California law.
3. Barbers and beauticians who are duly licensed under the laws of the State of California while engaging in practices within the scope of their licenses, except that this provision shall apply solely to the massaging of the neck, face and/or scalp, hands, or feet of the clients.
4. Hospitals, nursing homes, mental health facilities, or any other health facilities duly licensed by the State of California, and employees of these licensed institutions, while acting within the scope of their employment.
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5. Accredited high schools, junior colleges, colleges, or universities whose coaches and trainers are acting within the scope of their employment.
6. Trainers of amateur, semi-professional, or professional athletes or athletic teams while engaging in their training responsibilities for and with athletes; and trainers working in conjunction with a specific athletic event.
7. Individuals administering massages or health treatment involving massage to persons participating in single-occurrence athletic or recreational event, such as road races, track meets, triathlons, and other similar events, provided that all of the following conditions are satisfied:
a. The massage services are made equally available to all participants in the event;
b. The event is open to participation by the general public or a significant segment of the public such as employees of
sponsoring or participating corporations;
c. The massage services are provided at the site of the event and either during, immediately preceding, or immediately following the event;
d. The sponsors of the event have been advised of and have approved the provisions of massage services;
e. The persons providing the massage services are not the primary sponsors of the event.
5.11.130 Unlawful business practices may be enjoined; remedies cumulative.
Any massage establishment operated, conducted, or maintained contrary to the provisions of this article shall constitute an unlawful business practice pursuant to California Business & Professions Code Section 17200 et seq., and the city attorney may, in the exercise of discretion, in addition to or in lieu of taking any other action permitted by this article, commence an action or actions, proceeding or proceedings in the Superior Court of San Luis Obispo County, seeking an injunction prohibiting the unlawful business practice and/or any other remedy available at law, including but not limited to abatement, removal of enjoinment thereof, fines, attorneys' fees, and costs. All remedies provided for in this article are cumulative.
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5.11.140 Suspension and revocation of permits.
A.Reasons.
1. Massage establishment permits may be suspended or revoked by the police chief upon finding any of the following grounds:
a. A massage practitioner employed or contracted by, or studying at, the massage establishment and providing
massage services is no longer in possession of current and valid CAMTC certification, established massage practitioner permit, or probationary massage practitioner permit. This subsection shall apply to a sole proprietor or a person employed or used by a massage establishment to provide
massage therapy and/or instruction.
b. An owner or sole proprietor:
i. Is required to register under the provisions of California Penal Code Section 290;
ii. Is arrested or convicted of a violation of any of the following sections of the California Penal Code: 266i,
315, 316, 318, 647(b), 653.22, 653.23;
iii. Has a business permit or license denied, revoked,
restricted, or suspended by any agency, board, city,
county, territory, or state;
iv. Is subject to an injunction for nuisance pursuant to California Penal Code sections 11225–11235;
v. Is convicted of a felony offense involving a controlled substance;
vi. Is convicted of any crime involving dishonesty, fraud, deceit, violence, or moral turpitude; or
vii. Is convicted in any other state of an offense which, if committed in this state, would have been punishable
as one or more referenced offenses in this subsection.
c. The city determines that a material misrepresentation was included on the application for a massage establishment permit or a Pismo Beach business license or renewal of either.
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d. Violations of any of the following occurred on the premises of a massage establishment or were committed by a massage
practitioner: California Business and Professions Code
Section 4600 et seq.; any local, state, or federal law; or the provisions of this article.
2. Established massage practitioner permits or probationary massage practitioner permits may be suspended or revoked by the police chief upon finding the massage practitioner:
a. Is required to register under the provisions of California Penal Code Section 290;
b. Is arrested or convicted of a violation of any of the following sections of the California Penal Code: 266i, 315, 316, 318, 647(b), 653.22, 653.23;
c. Has a business permit or license denied, revoked, restricted, or suspended by any agency, board, city, county, territory, or state;
d. Is subject to an injunction for nuisance pursuant to California Penal Code sections 11225–11235;
e. Is convicted of a felony offense involving a controlled substance;
f. Is convicted of any crime involving dishonesty, fraud, deceit, violence, or moral turpitude;
g. Is convicted in any other state of an offense which, if committed in this state, would have been punishable as one or more referenced offenses in this subsection;
h. Materially misrepresented information on the application for an established massage practitioner permit or a probationary massage practitioner permit or renewal of either; or
i. Committed violations of any of the following: California Business and Professions Code Section 4600 et seq.; any local, state, or federal law; or the provisions of this article.
B. Procedures. Written notice of the suspension or revocation with the legal violation and supporting facts shall be served on the sole proprietor or owners or established massage practitioner or probationary massage practitioner, as applicable, by certified mail. The notice shall contain an Council Agenda 8-19-2025 12.C-23
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advisement of the right to request an appeal hearing pursuant to Chapter
1.24 of this Code.
C.Time period of suspension of permit. The police chief may suspend a permit for a period of time between five (5) days and the end of the permit term, at the police chief’s discretion.
D. Effective date of suspension or revocation. A suspension or revocation will become effective if no timely appeal is filed. In the event the police chief has denied the issuance or renewal of a permit, or has revoked an existing permit, the applicant or owner may elect to file an appeal of that decision to the hearing administrator. Such appeal must be made, and hearing proceedings shall be conducted to the greatest extent possible, in accordance with the provisions of Chapter 1.24 of this Code.
E. Reapplication. No reapplication for a massage establishment permit, established massage practitioner permit, or probationary massage practitioner permit will be accepted within one (1) year after such permit is suspended or revoked.
5.11.150 Public nuisance.
It shall be unlawful and a public nuisance for a massage establishment to be operated, conducted, or maintained contrary to the provisions of this article. The city may exercise its discretion, in addition to or in lieu of prosecuting a criminal action, to commence proceedings for the abatement, removal, and enjoinment of that business in any manner provided by law.
SECTION 3.
Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption the regulations contained herein, the activity is not subject to CEQA.
SECTION 4.
This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a Council Agenda 8-19-2025 12.C-24
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particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.
SECTION 5.
This ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof.
SECTION 6.
The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.
Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.
INTRODUCED at a regular meeting of the City Council held this 19th day of August, 2025, on motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this th day of , 2025, on motion of Council Member , seconded by Council Member , and on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
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Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
APPROVED AS TO FORM:
______________________________
David M. Fleishman, City Attorney
CERTIFICATION OF ORDINANCE POSTING
Government Code §40806
STATE OF CALIFORNIA }
} ss.
COUNTY OF SAN LUIS OBISPO }
I, Erica Inderlied, the City Clerk of the City of Pismo Beach, California, hereby certify in accordance with California Government Code Section 40806 that the foregoing document is a true and correct copy of Ordinance No. O-2025-XXX, titled XXXX, and that I caused the same to be duly posted in three public places within the City within fifteen (15) days of adoption thereof, pursuant to the requirements of California Government Code Section 36933.
Dated this ____th day of ______________, 2025. Witness my hand and official seal. ____________________________
Erica Inderlied, City Clerk
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