HomeMy WebLinkAbout08-12 CC Ordinance
ORDINANCE NO. 08-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA REVISING REGULATIONS APPLICABLE
TO MASSAGE SERVICES, AND AMENDING TITLE 5 OF
THE TEMECULA MUNICIPAL CODE
A. Recitals.
(i) The City Council finds and declares as follows:
(a) The massage permitting requirements and restrictions adopted
herein are reasonably necessary to protect the health, safety and welfare of the citizens
of the City of Temecula.
(b) The City of Temecula is authorized under the State Constitution
and California Government Code § 51030, et seq., to regulate massage establishments
by imposing reasonable standards relative to the skill and experience of massage
operators and massage technicians, and reasonable conditions on the operation of the
massage establishments.
(c) There is a significant risk of injury to massage clients by improperly
' trained and/or educated massage technicians and this Chapter provides reasonable
safeguards against such injuries and resulting economic loss.
(d) The operation of unregulated massage establishments often results
in increased criminal activities on the premises of such businesses. Such increased
criminal activity presents a risk to the public health, safety and welfare. The
establishment of reasonable standards for issuance of massage related permits and
restrictions on massage operations will serve to reduce the risk of illegal activity.
(e) The restrictions and requirements set forth in this Ordinance will
serve to reduce the burdens on the Police Department and permit the deployment of the
police personnel so as to more effectively provide law enforcement services throughout
the City.
(ii) All legal prerequisites to the adoption of this Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, the City Council hereby ordains as follows:
SECTION 1: The facts set forth in the Recitals, Part A, of this Ordinance are true and
correct.
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SECTION 2: Chapter 5.22 of Title 5 of the Temecula Municipal Code is amended to
read as follows:
Chapter 5.22
MASSAGE AND MASSAGE ESTABLISHMENTS
Sections:
5.22.010 Definitions.
5.22.020 Massage Establishment permit required.
5.22.030 Application for Massage Establishment permit.
5.22.040 Massage Establishment permit issuance and denial.
5.22.050 Massage Technician permit required.
5.22.060 Application for Massage Technician permit.
5.22.070 Massage Technician permit issuance and denial.
5.22.080 Requirements applicable to the operation of Massage
Establishments.
5.22.090 Requirements applicable to Massage Technicians.
5.22.100 Health certificate.
5.22.110 Transfers and changes of business.
5.22.120 Fees.
5.22.130 Exemptions.
' 5.22.140 Duration and renewal of permits.
5.22.150 Suspension, revocation, permit denial, and appeal.
5.22.160 Violation and penalty.
5.22.010 Definitions.
Unless the particular provision of the context otherwise requires, the definitions
and provisions contained in this Section shall govern the construction, meaning and
application of words and phrases used in this Chapter.
A. "Chief of Police" shall mean and include the Captain of the Riverside
County Sheriff's Department currently designated by the Sheriff as the command officer
responsible for the City of Temecula, or his or her designated representative.
B. "City Manager" shall mean and include the City Manager of the City of
Temecula or his or her designated representative.
C. "City Council" shall mean and include the City Council of the City of
Temecula.
D. "Conviction" or "Convicted" shall mean and include a conviction following a
plea or verdict of guilty, or plea of nolo contendre.
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E. "Days" shall mean and include calendar days, unless otherwise specifically
' stated in the text.
F. "Employ" shall mean and include the act of employing employees and/or
contracting with independent contractors.
G. "Employee" shall mean and include every owner, partner, manager,
supervisor, and any other person, whether paid or not, who renders massage services,
or engages in activities that further massage services, of any nature in connection with
the operation of a massage establishment, or upon the premises of a massage
establishment.
H. "Health Department" shall mean and include the Health Services Agency
of the County of Riverside.
1. "Manager" or "On Duty Manager" shall mean and include the person(s)
designated by the operator of the massage establishment, and qualified under
§ 5.22.03013, to act as the representative and agent of the operator in managing day-to-
day operations with the same liabilities and responsibilities. Evidence of management
includes, but is not limited to, evidence that the individual has power to direct or hire and
dismiss employees, control hours of operation, create policy or rules or purchase
supplies. A manager may also be an owner.
' J. "Massage" shall mean and include any method of treating the external parts
of the body for remedial, hygienic, relaxation or any other reason or purpose, whether
by means of pressure on, friction against or stroking, kneading, tapping, pounding,
vibrating, rubbing or other manner of touching external parts of the body with the hands
or with the aid of any mechanical or electrical apparatus or appliance with or without
supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powders, creams,
ointment or other similar preparations commonly used in this practice. Outcall massage
is any massage performed by a massage technician outside of the massage
establishment by which the massage technician is employed.
K. "Massage Establishment" shall mean and include any business conducted
within the City of Temecula at a fixed location where any person, firm, association,
partnership, corporation or combination of the foregoing engages in, conducts, carries
on or permits to be conducted or carried on, for money or any other consideration,
administration to another person of massage, bath or treatment involving massages or
baths. For purposes of this Chapter, "massage establishment" includes "acupressure"
or "day spa" establishments, and any other kind of business where massage is offered.
"Massage establishment" does not include any kind of business exempt under
§5.22.130 or that is otherwise currently licensed, and thereby specifically authorized,
under any provision of state or federal law, to provide massage, so long as such
business conducts massage in strict conformance with, and only to the extent permitted
' by, such license. Any such exempt business shall have the burden of establishing its
exemption.
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L. "Massage Technician" shall mean and include any individual who
' administers massage to another individual in exchange for anything of value.
M. "Operator" shall mean and include any owner or other person who operates
a massage establishment.
N. "Owner" shall mean and include any person having any ownership interest
in a massage establishment, and/or any person whose name appears on the City
business license for a massage establishment.
0. "Person" shall mean and include any individual, or corporation, partnership,
association or other group or combination of individuals acting as an entity.
P. "Police Department" shall mean and include the Riverside County Sheriffs
Department, acting pursuant to its law enforcement contract with the City of Temecula.
Q. "Recognized school of massage" shall mean and include any school or
institution of learning which (i) teaches, through State certified instructors, the theory,
ethics, practice, profession, and work of massage; (ii) has been approved in writing by
the State of California, pursuant to provisions of the California Education Code,
including, but not limited to, Sections 94900 or 94905; and (iii) requires a resident
course of study as a condition to receiving a diploma or other evidence of graduation. A
school offering a correspondence course or courses not requiring attendance shall not
be deemed a recognized school of massage for purposes of this Chapter. The City
shall have the right to confirm that the applicant has actually attended class at a
recognized school of massage.
5.22.020 Massage Establishment permit required.
A. It is unlawful for any person to engage in, operate, conduct or carry on, in
or upon any premises, a massage establishment within the City without first obtaining a
massage establishment permit pursuant to 5.22.030 and 5.22.040 of this Chapter,
securing the necessary business license as required by this code and complying with
Title 5 of this code. A separate permit shall be obtained for each separate massage
establishment operated by such person. A permit to operate a massage establishment
shall be valid for a period of one year, commencing at the date of issuance.
5.22.030 Application for Massage Establishment permit.
A. Any person desiring a permit for a massage establishment shall file a
written application on the required form with the Chief of Police who shall conduct an
investigation. The application, to be signed under penalty of perjury, shall be
accompanied by the appropriate filing fee established by resolution of the City Council.
The application shall be completed and signed by the operator of the proposed
' massage establishment, if a sole proprietorship; one general partner, if the operator is a
partnership; one officer or one director, if the operator is a corporation; and one
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participant, if the operator is a joint venture. The application for permit does not
' authorize operation of a massage establishment unless and until such permit has been
properly granted. The application shall contain or be accompanied by the following
information:
1. The type of ownership of the business; for example, whether by
individual, partnership, corporation or otherwise. If the applicant is a corporation, the
name of the corporation shall be set forth exactly as shown in its articles of
incorporation or charter, together with the state and date of incorporation and the names
and residence addresses of each of its current officers and directors, and of each
stockholder holding more than 5% of the stock of that corporation. If the applicant is a
partnership, the application shall set forth the name and residence of each of the
partners, including limited partners. If it is a limited partnership, it shall furnish a copy of
its certificate of limited partnership filed with the Secretary of State. If one or more of
the partners is a corporation, the provisions of this subsection pertaining to corporations
shall apply. The applicant corporation or partnership shall designate one of its officers
or general partners to act as its responsible managing officer. Such designated persons
shall complete and sign all application forms required for an individual applicant under
this Chapter, but only one application fee shall be charged;
2. The precise name under which the massage establishment is to be
conducted;
' 3. The complete address and all telephone numbers of the massage
establishment;
4. A complete current list of the names, residence addresses and
copy of driver's license or other picture identification card issued by a governmental
authority, of all proposed massage technicians, managers, operators, and employees in
the massage establishment;
5. A description of any other business operated on the same premises
or within the City of Temecula or the State of California that is owned or operated by the
applicant;
6. The following personal information concerning the applicant:
a. Full complete name and all aliases used by the applicant;
b. Current address and all previous residential addresses for
eight years immediately preceding the present address of the applicant;
C. Acceptable proof that the applicant is at least 18 years of
age;
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d. Proof of legal residency and/or the ability to legally work in
the United States;
e. Height, weight, color of hair, eyes and gender;
f. Two front faced portrait photographs at least two inches by
two inches in size;
g. The applicant's complete business, occupation and
employment history for eight years preceding the date of application, including, but not
limited to, the massage or similar business history and experience of the applicant;
h. The complete massage permit history of the applicant,
whether such person has ever had any permit or license to conduct a massage
business issued by any governmental authority; the date of issuance of such a permit or
license, whether the permit or license was denied, revoked or suspended; and the
reason therefor;
i. All criminal convictions occurring in any state or country,
including convictions resulting from any plea of nolo contendre, within the last ten years,
including those dismissed or expunged pursuant to Penal Code § 1203.4, but excluding
infraction traffic violations, and the date and place of each such conviction and reason
' therefor;
j. A complete set of fingerprints taken by the Police
Department;
7. The name and address of the owner and lessor of the real property
upon or in which the business is to be conducted. In the event the applicant is not the
legal owner of the property, the application must be accompanied by a copy of the lease
and a notarized acknowledgment from the owner of the property that a massage
establishment will be located on the owner's property;
8. Authorization for the City, its agents and employees to verify all
information contained in the application, including, but not limited to, performing a
complete criminal history background check;
9. Such other identification and information as the Chief of Police may
require in order to discover the truth of the matters required to be set forth in the
application;
10. A statement in writing and dated by the applicant that he or she
certifies under penalty of perjury that all information contained in the application is true
and correct;
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11. Statements in writing and dated by the applicant and the applicant's
' designated manager(s) certifying under penalty of perjury that they:
a. Have received a copy of this Chapter;
b. Understand its contents; and
c. Understand the duties of a manager.
If, during the term of a permit, the permit holder has any change in information
submitted on the original or renewal application, the permit holder shall notify the Police
Department of such change, within ten (10) business days thereafter, in writing.
12. A floor plan of the proposed massage establishment showing all
interior areas and rooms where massage will be provided, all doors, restrooms,
plumbing, and any other physical features required by the Chief of Police.
B. The applicant, if a corporation or partnership, shall designate one or more
of its officers or partners to act as manager during business hours. If the applicant is an
individual, then that individual, or designee thereof shall act as manager. Any such
designee must comply with the requirements of this subsection B. Each person who
shall serve as manager shall complete and sign all application forms required of an
' individual applicant for a massage establishment permit. However, only one application
fee shall be charged. Each manager must, at all times, meet all of the requirements of
this Chapter for massage establishment permit holders or the massage establishment
permit shall be suspended until a manager who meets such requirements is designated.
If no such person is designated within ninety (90) days of permit approval, the massage
establishment permit shall be subject to suspension and revocation. Operation of a
massage establishment without a qualified manager being present is prohibited.
C. Notwithstanding the fact that an application filed under this § 5.22.030 or §
5.22.060 may be a "public record" under Government Code § 6250, et seq., certain
portions of such application contain information vital to the effective administration and
enforcement of the licensing and/or permit scheme established herein which is personal,
private, confidential, or the disclosure of which could expose the applicant to a risk of
harm. Those portions of the application which are not subject to disclosure are: the
applicant's residence address and telephone number, the applicant's date of birth and/or
age, the applicant's driver's permit and/or social security number, and/or personal
financial data. The City Council in adopting the application and licensing and/or permit
system set forth herein has determined in accordance with Government Code Section
6255 that the public interest in disclosure of the information set forth above is outweighed
by the public interest in achieving compliance with this chapter by ensuring that the
applicant's privacy, confidentially or security interests are protected. The city clerk shall
cause to be redacted from any copy of a completed permit application made available to
any member of the public, the information set forth above.
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5.22.040 Massage Establishment permit issuance and denial.
' A. Upon receipt of a written application for a permit, the Chief of Police shall
conduct an investigation to ascertain whether the applicant satisfies the requirements of
this Chapter. The Chief of Police shall, within sixty (60) days of receipt of an
application, approve, conditionally approve or deny the application. The sixty (60) day
period may be extended for up to sixty (60) additional days, if necessary, to complete
the investigation. The Chief of Police shall issue the permit, unless he or she makes
any of the following findings:
1. The applicant, if an individual, or any of the officers or directors of
the corporation, if the applicant is a corporation; or a partner, if the applicant is a
partnership, or any person directly engaged or employed in the massage establishment,
has, within ten (10) years preceding the date of the application:
a. Any crime involving conduct which requires registration
under any state, federal or territorial law similar to and including California Penal Code
Section 290, or involving conduct which is a violation of the provisions of any state,
federal or territorial law similar to and including California Penal Code Sections 266(h),
266(i), 314, 315, 316, 318, 647 (a), (b) or (d); any crime or violation for which the
prosecutor accepted a plea to violation of California Penal Code Section 415, 602, or
any lesser included or related offense, or any other Penal Code or other criminal
' violation in satisfaction or in lieu of, or as a substitute for, any of the foregoing crimes or
Penal Code violations or for any crime involving dishonesty, fraud, deceit, or moral
turpitude.
In determining if the applicant pled to a lesser included or related offense or any other
offense in lieu of any of the foregoing code sections or crimes, pursuant to any provision
of this Section 5.22.040, the Chief of Police, and any person considering this matter on
appeal, may consider the underlying facts resulting in the arrest regardless of the
charge for which the applicant was convicted.
For the purposes of this chapter, "conviction" means and includes a conviction pursuant
to a plea of guilty or nolo contendere;
b. Been convicted of a violation of Health and Safety Code §
11550 or any offense involving the illegal sale, distribution or possession of a controlled
substance specified in Health and Safety Code 11054, 11055, 11056, 11057 or
11058;
C. Been convicted of any offense in any other state which is the
equivalent of any of the above-mentioned offenses;
' d. Engaged in conduct in another jurisdiction which, if it had
occurred within the city, would constitute grounds for denial, suspension, or revocation
under this Chapter;
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' e. Been subjected to a permanent injunction against the
conducting or maintaining of a nuisance pursuant to California Penal Code 11225
through 11235 or any similar provisions of law in a jurisdiction outside the State of
California;
f. Engaged in conduct in any state or country which would
constitute an offense as described in subsection 1.a, above;
g. Been convicted of an act involving theft, dishonesty, fraud,
deceit or moral turpitude or an act of violence, which act or acts are related to the
qualifications, functions or duties of the operator of a massage establishment, or which
act or acts occurred in connection with the operation of a massage establishment;
h. The applicant has had a massage operator or establishment,
or massage technician permit, or other similar license or permit denied, suspended or
revoked for cause by any governmental authority;
2. The applicant is required to register under Penal Code § 290.
3. The applicant has made a false, misleading or fraudulent statement
or omission of fact to the City in the permit application process;
' 4. The application does not contain all of the information required by §
5.22.030;
5. The massage establishment, as proposed by the applicant, does
not comply with all applicable laws, including, but not limited to, health, zoning, fire and
safety requirements, regulations and standards;
6. The applicant has not satisfied the requirements of this Chapter in
the time specified;
B. If the application is denied for failure to comply with subsection 3 above,
the applicant may not reapply for a period of one (1) year from the date the application
was denied.
5.22.050 Massage Technician permit required.
No person shall perform or administer a massage, including outcall massage, or
advertise to provide massage services in the City of Temecula, unless such person has
in effect a valid massage technician permit issued pursuant to 5.22.060 and 5.22.070
of this Chapter.
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5.22.060 Application for Massage Technician permit.
A. Any person desiring a massage technician permit shall file a written
application on the required form with the Police Department. The application shall be
accompanied by the appropriate filing fee established by resolution of the City Council.
The application shall contain the following information:
1. A statement of the exact location(s) where the applicant will be
working as a massage technician, including the full street address, business name, and
all telephone numbers associated with each such location, and the following personal
information concerning the applicant:
a. Full, complete and true name, including all other names ever
used by the applicant, residential address, telephone number, and copy of driver's
license or other picture identification card issued by a governmental authority;
b. All previous residential addresses for eight (8) years
immediately preceding the current address of the applicant;
C. Acceptable written proof that the applicant is at least
eighteen (18) years of age;
d. Proof of legal residency and/or the ability to legally work in
the United States;
e. Height, weight, color of hair and eyes and gender;
f. Two (2) front faced portrait photographs at least two (2)
inches by two (2) inches in size;
g. The business, occupation and employment history of the
applicant for the eight (8) years immediately preceding the date of the application;
h. The complete permit history of the applicant and whether
such person has ever had any license or permit, issued by any agency, board, city or
other jurisdiction, denied, revoked or suspended and the reasons therefor;
2. All criminal convictions occurring in any state or country, including
pleas of nolo contendre, within the last ten (10) years, including those dismissed or
expunged pursuant to Penal Code § 1203.4, but excluding traffic infractions, violations,
and the date and place of each such conviction and reason therefor;
3. A complete set of fingerprints taken by the Police Department;
1
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4. Such other information and identification as the Chief of Police may
require in order to discover the truth of the matters herein specified and as required to
be set forth in the application;
5. Authorization for the City, its agents and employees to verify all
information contained in the application, including, but not limited to, performing a
complete criminal history background check;
6. A statement in writing and dated by the applicant certifying under
penalty of perjury that all information contained in the application is true and correct;
7. A statement in writing and dated by the applicant certifying under
penalty of perjury that he or she:
a. Has received a copy of this Chapter;
b. Understands its contents; and
c. Understands the duties of a massage technician as provided
in this Chapter.
8. The health certificate required by § 5.22.100;
' 9. If, during the term of a permit, a permit holder has any change in
information submitted on the original or renewal application, the permit holder shall
notify the Police Department of such change within ten (10) business days thereafter, in
writing.
B. Each applicant must furnish, along with his or her photograph, an original
or certified copy of a diploma or certificate and certified transcript of graduation
evidencing completion of five hundred (500) hours of instruction from an approved or
recognized school of massage, wherein the method, practice, profession, theory, ethics,
anatomical and physiological knowledge and practice of massage is taught by state
certified instructors. The applicant must also supply a course description, an outline of
material covered and a letter to the City from the school administrator verifying
completion.
1. The Chief of Police may consider an applicant's study of massage
completed outside the State of California, at a licensed educational institution if proof of
completion from a formalized course of study in massage practice, anatomy and/or
physiology is provided with the application. Proof of completion shall include dates of
study and the name, address and phone number of the school attended.
2. Any outside course of study submitted for approval shall meet the
State of California's Office of Post-Secondary Education's minimum requirements and
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all requirements set forth in Subchapter 3 of Chapter 21 of Division 1 of Title 5 of the
' California Code of Regulations.
C. The applicant must also provide documentary proof of being issued a valid
policy of insurance from a company authorized to do business in the State of California
evidencing that the applicant is insured under a liability insurance policy providing
minimum coverage of $2,000,000 for personal injury or death to one person arising out
of the administration of massage. The policy must remain in full force and effect while
the massage technician license is valid and is subject to inspection and verification by
the Police Department.
D. If required by written order of the Chief of Police issued not less than sixty
(60) days prior to receipt of an application, each applicant for a new permit must pay a
fee and take and receive not less than a seventy percent (70%) score on a written
and/or practical examination conducted by the Police Department or other test
administrator designated by the Police Department. Passage of such test may be
required by the Chief of Police, prior to further processing of any application. The test
administrator shall consist of a member or members appointed by the Police
Department or the County Health Officer. The test administrator shall not be a City
employee, and shall be qualified by reason of education and experience concerning the
methods and procedures used in the practice of massage. The Health Officer and/or
the Police Department shall develop and establish standards and procedures for the
panel governing the administration of examinations for applicants for a massage
technician license in order to determine whether such applicants are competent to
engage in the practice of massage, and the Health Officer and/or the Police Department
shall exercise such supervision as may be necessary to assure compliance therewith.
An unsuccessful applicant shall be entitled to receive a copy of his or her test scores,
but not the examination. Applicants wishing to take the test in a language other than
English, may do so if the test is currently available in their language. If the test is not
available in the applicant's preferred language, the applicant may pay the costs
associated with having both the test and answer sheets translated by a court-certified
translator approved by the Chief of Police. The written examination may be taken as
often as is offered provided, however, that the test fee shall be paid for each test.
E. Excepting only the requirement to file an application and fee, the Chief of
Police may waive any of the permitting requirements of § 5.22.060, including testing, if
he or she finds that the applicant is currently licensed as a massage technician in
another jurisdiction having substantially the same or stricter permitting or licensing
standards as are set forth in this Chapter. Any such waiver shall be effective only while
such massage technician's other license or permit remains current and valid.
5.22.070 Massage Technician permit issuance and denial.
A. Upon receipt of a written application for a permit, the Chief of Police shall
conduct an investigation in such manner as he or she deems appropriate in order to
ascertain whether the applicant satisfies the requirements of this Chapter. The Chief of
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Police shall approve, conditionally approve or deny the application within sixty (60) days
' of the filing of an application. The sixty (60) day period may be continued for an
additional thirty (30) days if necessary to complete the investigation. The Chief of
Police shall issue such permit as requested, unless he or she makes any of the
following findings:
1. The applicant has, within ten (10) years preceding the date of the
application, been convicted of any of the following:
a. Any crime involving conduct which requires registration
under any state, federal or territorial law similar to and including California Penal Code
Section 290, or involving conduct which is a violation of the provisions of any state,
federal or territorial law similar to and including California Penal Code Sections 266(h),
266(i), 314, 315, 316, 318, 647 (a), (b) or (d); any crime or violation for which the
prosecutor accepted a plea to violation of California Penal Code Section 415, 602, or
any lesser included or related offense, or any other Penal Code or other criminal
violation in satisfaction or in lieu of, or as a substitute for, any of the foregoing crimes or
Penal Code violations or for any crime involving dishonesty, fraud, deceit, or moral
turpitude.
In determining if the applicant pled to a lesser included or related offense or any other
offense in lieu of any of the foregoing code sections or crimes, pursuant to any provision
' of this Section 5.22.070, the Chief of Police, and any person considering this matter on
appeal, may consider the underlying facts resulting in the arrest regardless of the
charge for which the applicant was convicted.
For the purposes of this chapter, "conviction" means and includes a conviction pursuant
to a plea of guilty or nolo contendere;
b. A violation of Health and Safety Code § 11550 or any
offense involving the illegal sale, distribution or possession of a controlled substance
specified in Health and Safety Code 11054, 11055, 11056, 11057 or 11058; or
c. Any offense in any other state which is the equivalent of any
of the above-mentioned offenses;
2. The applicant is required to register under Penal Code § 290, or
has engaged in conduct which would constitute an offense as described in subsection
1.a., above;
3. The applicant has committed an act, which, if committed in this
state would have been a violation of law and which, if done by a permit holder under this
Chapter, would be grounds for denial, suspension or revocation of the permit;
' 4. The applicant has been convicted of an act involving theft,
dishonesty, fraud, deceit or moral turpitude or an act of violence, which act or acts are
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substantially related to the qualifications, functions or duties of a massage technician, or
' which act or acts occurred in connection with the provision of massage or the operation
of a massage establishment;
5. The applicant has had a massage establishment permit or
massage technician's permit or other similar license or permit denied, suspended or
revoked for cause by a licensing authority or by any city, county or state within ten (10)
years prior to the date of the application;
6. The applicant has knowingly made a false, misleading or fraudulent
statement or omission of fact to the City in the permit application process;
7. The application does not contain the information required by §
5.22.060;
8. The applicant failed to pass any written or practical examination
required by this Chapter.
9. The applicant has not satisfied the requirements of this Chapter in
the time specified;
10. The applicant has a communicable disease that presents an
' unreasonable risk of harm to the applicant or the public;
11. If the application is denied for failure to comply with subsections 6
or 7, above, the applicant may not reapply for a period of six (6) months from the date
the application was denied.
5.22.080 Requirements applicable to the operation of Massage Establishments.
A. Facilities.
1. Structure. Massage establishments shall be located in a zoning
district which permits such use. When a new massage establishment is proposed to be
constructed, a set of plans shall be submitted to the City of Temecula for approval and
shall be accompanied by the appropriate application and plan check fee.
2. Signs; display of permits. Each operator shall post and maintain, in
compliance with all state and City laws, a readable sign identifying the premises as a
massage establishment. Neither signs or the front of the business shall be illuminated
by strobe or flashing lights. Each operator and/or on-duty manager shall display the
massage establishment permit in a conspicuous public place in the lobby of the
massage establishment. In addition, each operator and/or on-duty manager shall
ensure the massage technician permit for each massage technician employed at the
' establishment (whether on-duty or not) is conspicuously displayed in a public place in
the lobby, or is contained within a clearly marked binder at the front desk or counter,
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and that each massage technician is wearing or has in his/her possession the
' identification card required by § 5.22.090A.3. at all times when in the massage
establishment. Massage technician permits shall be available for inspection only to City
or Police Department representatives while performing official duties. The operator
and/or on-duty manager must also post, on a daily basis in a conspicuous public place
in the lobby, the name of the operator and on-duty manager, as well as all on-duty
massage technicians.
3. Services list. Each operator shall post and maintain a list of
services available and the cost of such services, in a conspicuous public place within
the premises. No operator or on duty manager shall permit, and no massage technician
shall offer or perform, any service other than those posted.
4. Lighting. Each operator shall illuminate each room where massage
is given with light equivalent to a 40-watt incandescent light bulb, and shall provide
sufficient ventilation. Such lighting and ventilation shall otherwise comply with the
current Mechanical and Building Code of the City. The lighting in each massage room
shall be activated at all times while the patron is in such room or enclosure.
5. Bath facilities. A minimum of one toilet and one separate wash
basin shall be provided for patrons in each massage establishment. Each wash basin
shall be equipped with soap or detergent and hot running water at all times and shall be
' located in close proximity to the area devoted to the performing of massage services. A
permanently installed soap dispenser, filled with soap, and a single service towel
dispenser shall be provided at the restroom hand wash sink. Bar soap may not be
used. A trash receptacle shall be provided in each toilet room. Showers may be
provided at the operator's option.
6. Separate rooms. If male and female patrons are to be treated
simultaneously at the same massage establishment, separate massage rooms shall be
provided for male and female patrons provided, however, that massage establishments
having separate massage rooms for male and female patrons may provide "couples
massage" in a single room, subject to the requirements of this subsection 6. Couples
massage, i.e., concurrent massage of two persons, is permitted within one room
provided all other requirements of this Chapter are satisfied including, but not limited to,
provision of a separate massage table and massage technician for each customer. Any
room to be used for couples massage shall be sufficiently sized so as to comply with
any and all applicable Building and Fire Codes and to permit free passage and
movement of the massage technicians.
7. Maintenance. All facilities of the massage establishment must be in
good repair and shall be thoroughly cleaned and sanitized each day the business is in
operation. All walls, floors and ceilings of each restroom and shower area shall be
made smooth and easily cleanable. No carpeting shall be installed in any of these
areas.
RJOrds 2008/Ords 08-12 15
8. Massage table. A massage table shall be provided in each
' massage room and the massage shall be performed on this massage table. The tables
shall have a minimum height of 28 inches. Two inch thick foam pads with maximum
width of four feet may be used on a massage table and must be covered with durable,
washable plastic or other waterproof material. Beds, floor mattresses and waterbeds
are not permitted on the premises.
B. Operations.
1. Equipment. Each operator and/or on duty manager shall provide
and maintain on the premises adequate equipment for disinfecting and sterilizing
instruments used in massage.
2. Inspections.
a. By accepting a massage establishment permit, each
massage establishment permit holder consents to the routine inspection of the massage
establishment, without prior notice, by the City's Building and Safety Department, Fire
Department, Police Department and the Health Department for the purpose of
determining that the provisions of this Chapter, state law or other applicable laws or
regulations are met. Routine inspections shall not occur more than twice a year, unless
violations are found or complaints are received. Criminal investigations may be
t conducted at any time permitted by law. The Police Department may inspect the
occupied massage rooms for the purpose of determining that the provisions of this
Chapter are met upon occurrence of any of the conditions referenced in § 5.22.080B.25
which would require the posting of the Notice To All Patrons. During an inspection, the
Police Department may verify the identity of all on-duty employees.
b. Inspections of the massage establishment shall be
conducted during business hours.
C. No operator or manager, or his or her agent or employee,
shall refuse to permit an inspection of the massage establishment pursuant to this
subsection by a representative of the Police Department anytime it is occupied or open
for business.
3. Linen. Common use of towels or linen shall not be permitted.
Towels and linen shall be laundered or changed promptly after each use. Separate
cabinets or containers shall be provided for the storage of clean and soiled linen, and
such cabinets or containers shall be plainly marked: "clean linen" and "soiled linen".
4. Sterilizing equipment. Each massage technician shall provide and
maintain at the location where the massage is performed adequate equipment for
disinfecting and sterilizing instruments used in massage.
RJOrds 2008/Ords 08-12 16
5. Living prohibited. No person or persons shall be allowed to live
inside the massage establishment at any time. All living quarters shall be separate from
the massage establishment. No food of any kind shall be prepared for sale or sold in
the establishment unless permitted by the Temecula Municipal Code, and an
appropriate food vending permit is granted by the City or County of Riverside.
6. Alcoholic beverages/drugs; Prohibited materials. No person shall
enter, be in or remain in any part of a massage establishment licensed under this
Chapter while in possession of, consuming, using or under the influence of any
alcoholic beverage or controlled substance. The owner, operator and on-duty manager
shall be responsible to ensure that no such person shall enter or remain upon the
massage establishment. Service of alcoholic beverages shall not be permitted. No
contraception devices; i.e. condoms or other prophylactics, shall be allowed on the
premises or possessed by any employee while on the premises.
7. Recordings. No electrical, mechanical or artificial device shall be
used by the operator or any employee of the massage establishment for audio and/or
video recording or for monitoring the performance of a massage or the conversation or
other sounds in the massage rooms without the written consent of the patron.
8. Roster of employees. The owner, operator and/or manager of the
massage establishment shall maintain a roster of all employees, including operators,
' managers and massage technicians, showing each name, nick-name and alias, home
address, age, birth date, gender, height, weight, color of hair and eyes, phone number,
social security number, date of employment, and duties of each employee. The
foregoing roster and all information therein shall be maintained on the premises for a
period of two (2) years following the termination of each employee. The operator or
manager on duty shall make the roster immediately available for inspection upon
demand by a City or Police Department representative performing official duties, during
all hours the massage establishment is open for business. Information in the roster
shall be available for inspection only to City or Police Department representatives while
performing official duties.
9. Coverings. The massage technician shall provide to each patron
clean, sanitary and opaque coverings capable of covering areas of the patron identified
as prohibited massage areas in § 5.22.090A.1, including the genital area, anus and
female breast(s). No common use of such coverings is permitted, and re-use is
prohibited unless adequately cleaned and sanitized.
10. Records. Every person operating a massage establishment shall
keep a record of the dates and hours of each treatment or service, the name and
address of the patron, the name of technician administering such service and a
description of the treatment or service rendered. A short medical history form shall be
completed by the operator to determine if the patron has any communicable diseases,
' areas of pain, high blood pressure or any physical condition which may be adversely
affected by massage. These records shall be prepared prior to administering any
RJOrds 2008/Ords 08-12 17
massage or treatment and shall be retained on the premises for a period of 24 months
after such treatment or service. These records shall be open to inspection upon demand
only by officials charged with enforcement of this Chapter and for no other purpose.
The Police Department shall periodically inspect the records to ensure compliance with
this Section. The information furnished or secured as a result of any such records shall
be used only to ensure and enforce compliance with this Chapter or any other
applicable state or federal laws and shall remain confidential. Any unauthorized
disclosure or use of such information by any person, including any officer or employee
of the City, shall constitute a misdemeanor.
11. Hours of operation. The owner must advise the City, in writing, at
the time of application for a permit of the business hours, and any change in hours
occurring thereafter. No person shall operate a massage establishment or administer a
massage in any massage establishment or at an outcall location booked by that
massage establishment pursuant to § 5.22.080C between the hours of 9:00 p.m. and
7:00 a.m. A massage begun any time before 9:00 p.m. must nevertheless terminate at
9:00 p.m. All customers, patrons and visitors shall be excluded from the massage
establishment during these hours and be advised of these hours. The hours of
operation must be displayed in a conspicuous public place in the lobby within the
massage establishment and in the front window clearly visible from the outside.
12. Advertising. No permitted massage establishment shall place,
' publish or distribute, or cause to be placed, published or distributed, in any publication
or any website, any advertising matter that depicts any portion of the human body that
would reasonably suggest to prospective patrons that any service is available other than
those services authorized in this Chapter. No massage establishment shall employ
language in the text of such advertising that would reasonably suggest to a prospective
patron that any service is available other than those services authorized by this
Chapter.
13. Insurance. No person shall engage in, conduct or carry on the
business of a massage establishment unless there is on file with the Police Department,
in full force and effect at all times, documents issued by an insurance company
authorized to do business in the State of California evidencing that the permit holder is
insured under a liability insurance policy providing minimum coverage of $2,000,000 for
personal injury or death to one person arising out of the operation of the massage
establishment and/or the administration of any massage. Evidence of the required
insurance shall be provided to the Chief of Police at the time an initial application, or
renewal application, is filed.
14. Compliance with the Americans With Disabilities Act and related
laws. All massage establishments must comply with all state and federal laws and
regulations providing for access to and receipt of services by disabled persons.
RYOrds 2008/Ords 08-12 18
15. Municipal Code compliance. Proof of compliance with all
' applicable provisions of the Temecula Municipal Code shall be provided upon request
by the Police Department.
16. Doors. All front, reception, hallway or front exterior doors (except
back or exterior doors used solely for employee entrance to and exit from the massage
establishment) shall be unlocked during business hours, except as may be permitted by
applicable law (such as the Temecula Fire Code) which allow for safety doors that may
be opened from the inside when locked. No massage may be given within any cubicle,
room, booth or any other area within a massage establishment that is fitted with a lock
of any kind (such as a locking door knob, padlock, dead bolt, sliding bar or similar
device), unless the door is an exterior door.
17. Access. No customer shall be permitted to be within a massage
establishment except within the lobby/reception area, or area where such customer is
receiving massage services, during hours of operation. No entry doors to any room
shall be obstructed by any means.
18. Discrimination. No massage establishment may discriminate or
exclude patrons on the basis of their race, sex, religion, age, disability or any other
classification protected under federal or state laws, rules or regulations.
' 19. Prohibited massage areas. No massage technician or other person
shall massage the genitals or anal area of any patron or the breasts of any female
patron, nor shall any owner, operator or manager allow or permit such massage. No
operator, manager or employee while performing any task or service associated with
the massage business, shall be present in any room with another person unless the
person's genitals, gluteal crease, anus and, in the case of a female, her breasts, are
fully covered.
20. Clothing. All persons employed in a massage establishment shall
be fully clothed at all times while acting on behalf of the business or performing under
the massage establishment permit. Clothing shall be of a fully opaque, non-transparent
material and shall provide complete covering of the genitals, pubic area, buttocks, anal
area and chest area.
21. Names. No person granted a permit pursuant to this Chapter shall
use any name or conduct business under any designation not specified in his or her
permit.
22. Display of identification cards. The operator and on duty manager
shall ensure that, at all times while in the massage establishment, while open for
business, or otherwise while massage is being performed, each massage technician
wears or has in his/her possession the identification card required by § 5.22.090A.3.
Such identification shall be provided to City or Police Department representatives upon
demand.
R:/Ords 2008/Ords 08-12 19
23. Responsibility for conduct of massage establishment. The owner,
operator and on duty manager shall be jointly responsible for the conduct of all
employees while the employees are on the premises of the massage establishment.
Any act or omission of an employee constituting a violation of any provision of this
Chapter shall be deemed to be an act or omission of the owner, operator and on duty
manager for purposes of determining whether the massage establishment permit should
be suspended or revoked, or an application for such permit or renewal thereof, denied.
24. Licensed Massage Technicians. No owner or operator shall
employ any person as a massage technician who does not have a valid massage
technician permit issued pursuant to this Chapter. Every operator shall report to the
Chief of Police any change of employees, whether by new or renewed employment,
discharge or termination, on the form and in the manner required by the Chief of Police.
The report shall contain the name of the employee and the date of hire or termination.
The report shall be made within five (5) business days of the date of hire or termination.
25. Notices. In the event that any employee of the massage
establishment or any person who has been aided and abetted by an employee of the
massage establishment has been found, after full hearing by administrative proceeding
or state court, to have violated any of the offenses listed in 5.22.040A.1 or
5.22.070A.1, then the Chief of Police may require posting of the following notice:
NOTICE TO ALL PATRONS - THIS MASSAGE ESTABLISHMENT AND THE
MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT
TO INSPECTION BY THE TEMECULA POLICE DEPARTMENT WITHOUT PRIOR
NOTICE.
a. The notice set forth above shall be prepared and issued by
the Chief of Police.
b. The notice shall be conspicuously posted in locations within
the massage establishment that are easily visible to any person entering the premises
and in each massage room. The notice shall be posted for twelve (12) months following
the date of the offense.
C. The requirement for posting the notice described in this
Section is cumulative and in addition to all other remedies for violations, and penalties,
set forth in this Chapter or otherwise in the ordinances, laws, rules or regulations of the
City of Temecula, County of Riverside and the State of California.
26. Licensed massage technician on premises. No massage
establishment permitted hereunder shall be open for business without having at least
one massage technician holding a current valid permit for the specific establishment on
the premises and on duty at all times when the establishment is open.
RJOrds 2008/Ords 08-12 20
27. Display of permits and identification cards. The operator and/or
' designated manager(s) shall ensure that the massage technician permit for each
massage technician employed at the establishment (whether on-duty or not) is
displayed or retained as required by § 5.22.080A.2, and that each massage technician
is wearing or has in his/her possession the identification required by § 5.22.090A.3. at
all times when in the massage establishment. Such identification shall be provided to
City or Police Department representatives upon demand.
28. Compliance with all laws. Each owner, operator and on-duty
manager shall at all times comply with all provisions of this Chapter and all other
applicable provisions of the Temecula Municipal Code, all conditions of any required
zoning approvals, conditions imposed by the Chief of Police, and all state and federal
laws, statutes and regulations.
5.22.090 Requirements applicable to Massage Technicians.
A. All massage technicians shall comply with the following requirements and
any other conditions imposed by the Chief of Police on issuance of the massage
technician's permit.
1. Prohibited massage areas. No massage technician or other person
shall massage the genitals or anal area of any patron or the breast(s) of any female
' patron. No massage technician or other person, while performing any task or service
associated with the massage business, shall be present in any room with another
person unless the person's genitals, gluteal crease, anus or, in the case of a female, her
breasts, are fully covered.
2. Coverings. The massage technician shall provide to each patron
clean, sanitary and opaque coverings capable of covering areas of the patron identified
as prohibited massage areas in § 5.22.090A.1, including the genital area, anus and
female breasts. No common use of such coverings is permitted, and re-use is
prohibited unless adequately cleaned and sanitized. No massage technician shall
massage any patron unless the person's genitals, gluteal crease, anus and, in the case
of a female, her breasts, are fully covered at all times while the technician or other
employee is present in the same room as the patron.
3. Identification cards. The massage technician shall wear or have in
his/her possession a photo identification card prepared and issued by the Police
Department at all times when present in the massage establishment. Such
identification shall be provided to City regulatory officials upon demand. When worn,
the identification card shall be worn on outer clothing with the photo side facing out. If a
massage technician changes his or her business address, he or she shall, prior to such
change, obtain from the Chief of Police a new photo identification card and advise the
Police Department, in writing, of the new business address.
RJOrds 2008/Ords 08-12 21
4. Massage locations. Massage technicians shall not perform any
' massage at any location other than the massage establishment specified on the permit,
or at an authorized outcall location booked by that massage establishment pursuant to §
5.22.080C.
5. Names. While on duty, the massage technician shall not use any
name other than that specified on his or her photo identification card.
6. Clothing. Massage technicians and all massage establishment
employees shall be fully clothed at all times while within a massage establishment or
performing services under a massage establishment permit. Clothing shall be of a fully
opaque, non-transparent material and provide complete covering of the genitals, pubic
area, buttocks, anal area and chest area.
7. Inspections. By accepting a massage technician permit, each
massage technician consents to the inspection of the massage establishment by the
City's Building and Safety, Fire Department, Police Department, Code Enforcement and
the Health Department for the purpose of determining that the provisions of this Chapter
or other applicable laws or regulations are met. The massage technician further
consents to the inspection of the occupied massage rooms by the Police Department for
the purpose of determining that the provisions of this Chapter are met upon occurrence
of any of the conditions referenced in § 5.22.080.B.25 which would require the posting
' of the Notice to All Patrons.
8. Every massage technician licensed under this Chapter shall
annually complete at least twelve (12) hours of continuing education courses in
massage from a recognized school of massage or equivalent organization as approved
by the Chief of Police. Failure to complete such hours and submit proof of such
completion in a form satisfactory to the Chief of Police at the time of permit renewal
shall be grounds for denial of permit renewal. The minimum requirement of twelve (12)
hours of continuing education courses to renew a permit is based on a five-hundred-
hour education recommendation for membership in the American Massage Therapists
Association (AMTA). If recommended hours of education for membership in the AMTA
increase, the number of continuing education hours for renewal of permits under this
Section shall increase by two (2) hours for each additional one-hundred (100) education
hours required for membership in the AMTA.
5.22.100 Health certificate.
A. Before issuing or renewing a massage technician permit, the Chief of
Police shall submit the name and address of the applicant to the County Health Officer
and shall advise the applicant that he or she must report for examination or,
alternatively, the applicant may report to a private medical doctor duly licensed to
practice medicine in the State of California for examination. The Chief of Police shall
' not issue the permit until advised that the applicant has been examined by the County
R:/Ords 2008/Ords 08-12 22
Health Officer or his or her private physician and has been found to be free of any
' contagious or communicable disease as defined in this Chapter.
B. In addition to the above requirements, upon submission of an initial
application for a massage technician permit or upon annual renewal thereafter, the
applicant shall submit to the Chief of Police a certificate from a medical doctor stating
that the applicant has, within fifteen (15) days immediately prior thereto, been examined
and found to be free of any contagious or communicable disease as defined in this
Chapter; and if said applicant is not so found free of any contagious or communicable
disease, his or her permit shall be denied or revoked by the Chief of Police. Failure to
provide such health certificate shall result in revocation of the massage technician
permit.
C. For purposes of this Chapter, contagious and communicable diseases
shall include tuberculosis and hepatitis A, B and C.
D. Notwithstanding the above, if a person with a communicable disease
wishes to be considered for licensing by the City, such individual may provide a report
from an appropriate medical specialist concluding that, based upon a recent physical
and review of medical records, allowing such individual to practice massage therapy
would not interfere with the individual's treatment or health and that the individual's
practice of massage therapy would not create a risk to patients, including patients with
' compromised immune systems. The report shall include any precautions
recommended by the medical specialist. The Chief of Police shall consider the report
and shall issue the permit within fifteen (15) days unless he or she finds that the risk of
harm to the applicant or to massage customers if the permit is granted would be
significant.
E. The report or certification of an appropriate medical specialist must
provide a description of his/her specialty and practice and include a detailed description
of the physical and medical history he/she conducted, including the results of any tests
for such individual. Any and all records provided by an applicant pursuant to this
section shall be maintained as confidential medical records.
5.22.110 Transfers and changes of business.
A. Every owner and operator shall report immediately to the Police
Department any and all changes of ownership or management of the massage
establishment or business, including, but not limited to, changes of manager or other
person principally in charge, stockholders holding more than 5% of the stock of the
corporation, officers, directors and partners, and any and all changes of name, style or
designation under which the business is to be conducted and all changes of address or
telephone numbers of the massage business. A change of location of any of the
premises may be approved by the Chief of Police provided there is compliance with all
' applicable regulations of the City of Temecula.
RJOrds 2008/Ords 08-12 23
B. No massage establishment permit may be sold, transferred or assigned by
' a permit holder, 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 permit and such permit shall thereafter be null
and void; provided and excepting, however, that if the permit holder is a partnership and
one or more of the partners should die, one or more of the surviving partners may
acquire, by purchase or otherwise, the interest of the deceased partner or partners
without effecting a surrender or termination of such permit, and in such case, the permit,
upon notification to the Chief of Police, shall be placed in the name of the surviving
partners. No massage technician permit may be sold, transferred or assigned by a
permit holder or any operation of law to any other person or persons.
5.22.120 Fees.
The City Council shall establish by resolution, and from time to time may amend,
the fees for the administration of this Chapter, including required testing. Fees required
by this Chapter shall be in addition to any required under any other chapter of this code.
5.22.130 Exemptions.
A. The provisions of this Chapter shall not apply to the following classes of
individuals or businesses while engaged in the performance of the duties of their
' respective professions:
1. Physicians, surgeons, chiropractors, osteopaths, acupuncturists
and physical therapists who are duly licensed to practice their respective professions in
the State of California, provided such professionals are performing massage, as defined
in this Chapter, at a licensed business as part of and to the extent permitted by their
respective professions, and further provided massage is not being performed at any
time by massage technicians or other persons who are required to obtain a massage
technician permit pursuant to this Chapter;
2. Registered and licensed vocational nurses working on the premises
of, and under the direct supervision of, a State licensed physician, surgeon, chiropractor
or osteopath. Practical nurses or other persons that do not meet the requisite
qualifications to obtain a massage technician permit under this Chapter, or any other
person otherwise licensed by the State of California, whether or not employed by a
physician, surgeon, chiropractor or osteopath, may not provide massage services or act
as a massage technician;
3. Barbers and cosmetologists, licensed by the State of California,
and persons licensed by the State of California to provide skin care (estheticians) or nail
care (manicurists), as defined and to the extent provided in Business and Professions
Code Section 7316, or any successor provision thereto, as follows:
' a. Barbers may massage the face and scalp;
RJOrds 2008/Ords 08-12 24
b. Cosmetologists may massage the scalp, face, neck,
' arms, hands, feet below the calf, and the body extending from the
clavicles upward;
C. Estheticians may massage the face, neck, arms and
the body extending from the clavicles upward;
d. Manicurists may massage the hands, and feet below
the calf.
State licensed barbers, cosmetologists, estheticians and manicurists are
subject to the exemption provided by this subsection 3 only while providing other
barbering, cosmetology, skin care or nail care services in a facility licensed by the City
of Temecula to provide such services. The provisions of this subsection 3 apply to
apprentices of any of the foregoing who are licensed by the State of California, but only
while performing barbering, cosmetology, skin care or nail care services under the direct
supervision of a barber, cosmetologist, esthetician or manicurist who is subject to the
exemption provided by this subsection.
4. Hospitals, nursing homes, sanitariums, or other health care facilities
duly licensed by the State of California;
' 5. Fully accredited high schools, junior colleges, and colleges or
universities whose athletic coaches and trainers are acting within the scope of their
employment;
6. Trainers of amateur, semiprofessional or professional
athletes or athletic teams;
7. Massage conducted in the course of education at any recognized
school of massage, as defined herein.
8. "Chair massage", i.e., massage of the body from the waist up, to a
person seated in a chair, provided by a City-permitted massage technician, provided
the customer and massage technician are fully clothed and the massage is provided in
full compliance with §5.22.090A.1 (no massage of prohibited massage areas.)
9. Persons and businesses exempt from the permitting requirements
of this Chapter, pursuant to any State or Federal law that expressly preempts the permit
requirements set forth in this Chapter, but only to the extent of such preemption. Any
business or person claiming to be exempt pursuant to this subsection 9 shall have the
burden of establishing the applicability of such exemption.
R:/Ords 2008/Ords 08-12 25
B. The provisions of this Chapter shall not apply to massage services
provided by the City of Temecula or by any City-authorized person, group, entity,
business or organization as part of an official City program or function approved in
writing by the City Manager.
5.22.140 Duration and renewal of permits.
A. Permits for massage establishments and technicians may be renewed on
a year-to-year basis provided the permit holder continues to meet the requirements of
this Chapter.
B. Applications for the permit renewal shall be filed with the Chief of Police at
least sixty (60) days prior to expiration of the existing permit, otherwise the permit will
lapse. At the discretion of the Chief of Police, a conditional permit pending satisfactory
completion of the renewal application process may be issued to renewal applicants who
have no permit revocation or suspension proceedings pending at the time of filing of the
renewal application.
C. Renewal applications shall set forth such information as may be required
by the Chief of Police to update and verify the information contained in the original
permit application. The applicant shall pay a new application fee when applying for
renewal.
' 5.22.150 Suspension, revocation, permit denial, and appeal.
A. Violation and noncompliance. The Chief of Police may refuse to renew a
permit or may revoke or suspend an existing permit on the grounds that the applicant or
permit holder has failed to comply with the permit conditions or other requirements of
this Chapter. If a suspended permit lapses during the suspension period, a new
application must be made at the end of the suspension period. In any such case, the
applicant or permit holder shall have the right to appeal in the time and manner set forth
in this Section.
B. Revocation, suspension, and denial of renewal of massage establishment
permit.
1. The Chief of Police may revoke or refuse to renew a massage
establishment permit if he or she finds that any owner or operator: (i) no longer
satisfies the requirements of § 5.22.040A, or (ii) has engaged in or permitted conduct
that would be grounds for denial of a permit under § 5.22.040A., or (iii) has engaged in
or permitted conduct that would be a violation of § 5.22.080B.19, B.20, B.24 or §
5.22.090 A.1, A.2 or A.6, as applies to massage technicians performing outcall
massage; or (iv) has violated any provision of this Chapter within one year following
suspension under subsection 2 below; or (v) has demonstrated an inability to operate or
' manage the massage establishment in a law abiding manner, thus necessitating one or
more criminal investigations of the establishment by law enforcement officers.
R:/Ords 2008/Ords 08-12 26
2. The Chief of Police may suspend a massage establishment permit
' for a period of thirty (30) days for violation of any subsection of § 5.22.080 not listed in
subsection 1, above.
C. Revocation, suspension, and denial of renewal of massage technician
permit.
1. The Chief of Police may revoke or refuse to renew a massage
technician permit if he or she finds that the technician: (i) no longer satisfies the
requirements of § 5.22.070, or (ii) has engaged in conduct that would be grounds for
denial of a permit under § 5.22.070A, or (iii) has engaged in conduct that would be a
violation of § 5.22.090A.1, A.2 or A.6, or (iv) has violated any provision of this Chapter
within one (1) year following suspension under subsection 2 below.
2. The Chief of Police may suspend a massage technician permit for a
period of 30 days for any violation of any section or subsection of this Chapter not listed
in subsection 1, above.
D. Notice. When the Chief of Police concludes that grounds for denial of a
new permit or permit renewal, or permit suspension or revocation exist, the Chief of
Police shall serve the applicant or permit holder, either personally or by certified mail
addressed to the business or residence address of applicant or permit holder, with a
' Notice of Denial of Permit, or Notice of Intent to Suspend, Revoke or Deny Renewal.
This Notice shall state the reasons for the decision, the effective date of the decision,
the right of the applicant or permit holder to appeal the decision to a Hearing Officer,
and that the decision will be final if no written appeal is filed within the time permitted.
E. Appeal.
1. The right to file a written appeal shall terminate upon the expiration
of fifteen (15) days of the date of mailing by the Chief of Police of the Notice specified in
subsection D, above. The written appeal shall be filed with the City Clerk of the City of
Temecula and shall be accompanied by an appeal fee in an amount as set by City
Council resolution, and the City Clerk shall promptly forward a copy of the appeal to the
Chief of Police.
2. In the event an appeal is timely filed, the denial of renewal,
suspension or revocation shall not be effective until a final decision has been rendered
by the Hearing Officer. Notwithstanding the foregoing, if the Chief of Police finds and
determines that permitting a massage establishment to continue to operate, or a
massage technician to continue to provide massage, pending the appeal hearing, would
present an unreasonable and immediate risk to the public health and safety, the denial
of renewal, suspension or revocation may take effect immediately. If no timely appeal is
filed, the denial of renewal, suspension or revocation shall become effective upon
expiration of the period for filing appeals.
RJOrds 2008/Ords 08-12 27
3. Upon receipt of a timely appeal, the City Clerk shall make
' arrangements for the selection of a Hearing Officer to conduct the Appeal Hearing. Not
less than fifteen (15) days prior to the Appeal Hearing, the City Clerk shall notify the
Chief of Police and the Appellant of the names of three qualified attorneys or retired
Superior Court or Appellate Court judges submitted to the City Clerk by a reputable firm
providing mediators and arbitrators to serve as a panel from which the Hearing Officer
will be selected. Within five (5) days of the date of mailing the notice of the available
panel, the Chief of Police and the Appellant may notify the City Clerk in writing that he
or she elects to remove one of the three potential Hearing Officers. The City Clerk shall
then request the mediation and arbitration firm to select one of the remaining names on
the list as the designated Hearing Officer for the Appeal Hearing. The Hearing Officer
shall be fair and impartial and shall have no bias for or against the Chief of Police or the
Appellant.
4. At the Appeal Hearing, the Hearing Officer shall receive oral and
written evidence from the Chief of Police and the Appellant. The Hearing Officer shall
have authority to administer oaths to those persons who will provide oral testimony.
The evidence presented need not comply with the strict rules of evidence set forth in the
California Evidence Code but shall be the type of evidence upon which reasonable and
prudent people rely upon in the conduct of serious affairs. The Hearing Officer shall
have broad authority to control the proceedings and to provide for cross examination of
witness in a fair and impartial manner. The Chief of Police shall have the burden of
proof to establish by clear and convincing evidence the facts upon which his decision is
based. The Appeal Hearing shall be recorded by audio recording. Any parry may, at its
sole cost and expense, utilize the services of a certified court reporter to prepare the
verbatim record of the hearing. If a court reporter is used, the transcript prepared shall
be made available for purchase to both parties. The Hearing Officer may continue the
Appeal Hearing from time to time, but only upon written motion of a party showing good
cause for the continuance.
5. The Hearing Officer may uphold, modify or reverse the decision of
the Chief of Police. Within ten (10) days of the conclusion of the Appeal Hearing, the
Hearing Officer shall render his or her decision and make written findings supporting the
decision. He or she shall send the decision to the City Clerk. Upon receipt of the
Hearing Officer's Decision, the City Clerk shall send a copy of it to the Chief of Police
and the Appellant, along with a proof of mailing.
6. Within ten (10) days from date of the City Clerk's mailing of the
Decision, either party may appeal the Decision to the City Manager. The appeal shall
be in writing and filed with the City Clerk, and shall state the grounds of the appeal and
specify the errors in the Hearing Officer's decision. Upon receipt of the Appeal, the City
Clerk shall schedule the Appeal for review by the City Manager to occur within thirty
(30) days.
' 7. The City Manager's review of the Appeal shall be limited to
determining whether the evidence received at the Appeal Hearing supports the findings
RJOrds 2008/0rds 08-12 28
and decision of the Hearing Officer. The City Manager shall be limited to considering
' the evidence presented at the Appeal Hearing. No public hearing shall be required and
no new evidence shall be taken by the City Manager. The City Manager's decision on
the Appeal shall be set forth in a written opinion. The City Clerk shall mail a copy of the
City Manager's opinion to the Chief of Police and the Appellant along with a proof of
service. Any legal action challenging the City Manager's decision shall be filed within
ninety (90) days of the date of the proof of service of mailing of the City Manager's
opinion, pursuant to § 1094.5, et seq. of the California Code of Civil Procedure. The
City Manager's decision shall be final and effective upon mailing of the opinion. If the
Appellant prevails following a final decision, the appeal fee shall be returned.
5.22.160 Violation and penalty.
A. Violation of any provision of this Chapter is a misdemeanor and is subject
to enforcement pursuant to the provisions of Chapters 1.20, 1.21 and/or 1.24 of Title 1
of this code. The provisions of this Chapter may be enforced by members of the
Riverside County Sheriffs Department, persons employed by the City whose job
descriptions require the person to enforce the provisions of this Code, including but not
limited to code enforcement officers, and such other Enforcement Officials as described
in Section 1. 16.020 of this Code or its successor sections.
B. Any massage establishment operated, conducted or maintained contrary
' to the provisions of this Chapter shall be, and the same is declared to be, unlawful and
a public nuisance, and the City may, in addition to or in lieu of prosecuting a criminal or
administrative action hereunder, commence an action or actions, proceeding or
proceedings for the abatement, removal and enjoinment thereof, in the manner provided
by law, and shall take such other steps and shall apply to such court or courts as may
have jurisdiction to grant such relief as will abate or remove such massage
establishment businesses and restrain and enjoin any person from operating,
conducting or maintaining a massage establishment or contrary to the provisions of this
Chapter."
SECTION 3: Time for Compliance. Commencing on the effective date of this
Ordinance and Chapter hereby adopted, all permits are to be issued in accordance with
the provisions of said Chapter.
Existing massage practitioners' and/or technicians' permits that are valid and in
good standing as of the effective date of this Ordinance, shall continue in effect until
expiration, provided the affiliated massage establishment permit remains valid. All
existing and validly permitted massage practitioner or technician permit holders shall
have an additional three (3) years from the effective date of this Ordinance to meet and
comply with the 500-hour training and testing requirement (if testing is required.)
provided, however, that the 500-hour training and testing requirement of this Ordinance
shall not apply if during this period the Massage Therapy Organization of the State of
' California established pursuant to the provisions of Chapter 384 of the Statues of 2008,
Chapter 10.5 of the Business and Professions Code, commencing at Section 4600 ("SB
R:/Ords 2008/Ords 08-12 29
731") has implemented its certification program pursuant to SB 731 and such massage
' practitioner or massage technician is certified by the Massage Therapy Organization.
Each massage establishment permit holder legally doing business as of the
effective date of this Ordinance shall apply for a new permit not later than one-hundred
twenty (120) days from said date, and shall comply with all new permit holder
requirements for issuance of a permit before such a new permit may be issued.
Notwithstanding the foregoing, in order to avoid a lapse of permit, owners and operators
having massage establishment permits that will expire within said 120 day period must
apply for a new permit within such time as is provided for a new permit application to be
processed in accordance with this Ordinance. If a permit is denied for any such
business, the business shall cease operation upon issuance of the decision of the Chief
of Police, unless a timely appeal is filed in accordance with the Chapter adopted hereby.
In such case, the business shall cease operation if and when there is a final decision
upholding the decision of the Chief of Police.
SECTION 4: Severability. The City Council declares that, should any article, provision,
section, paragraph, sentence or word of this Ordinance or the Chapter hereby adopted
be or declared invalid by any final court action in a court of competent jurisdiction, or by
reason of any preemptive legislation, the remaining provisions, sections, paragraphs,
sentences and words of the Chapter hereby adopted shall remain in full force and
effect.
' SECTION 5: The City Clerk shall certify to the adoption of this Ordinance.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 25th day of November, 2008.
,/A_'N_ `A~
V " Michael S. NaggarMayor
ATTEST:
Susan . J es, MMC
ity Cl k
[SEAL]
1
RJOrds 2008/Ords 08-12 30
' STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 08-12 was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 18th day of November,
2008, and that thereafter, said Ordinance was duly adopted by the City Council of the City
of Temecula at a meeting thereof held on the 25th day of November, 2008, by the following
vote:
AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Roberts,
Washington, Naggar
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
Susan . Jones, MMC
City Clerk
RJOrds 2008/Ords 08-12 31