ORD 359 ORDINANCE NO. 359
AN ORDINANCE OF THE CITY OF LA QUINTA REPEALING CHAPTER
5.32 OF THE LA QUINTA MUNICIPAL CODE AND ADOPTING THE
COACHELLA VALLEY MODEL MASSAGE ORDINANCE FOR THE
CONSISTENT REGULATION AND RECIPROCAL PERMITTING OF
MASSAGE THERAPY BUSINESS ACTIVITIES WITHIN THE COACHELLA
VALLEY, AS CHAPTER 5.32 OF THE LA QUINTA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
SECTION I. FINDINGS
A. The City Council finds that massage therapy is an integral component of the
scope of services sought by residents and tourists when visiting the Coachella Valley.
B. The City Council finds and determines that licensing standards pertaining to
massage therapy business activities are necessary to protect the public health and
safety and the personal safety of massage therapists.
C. The City Council further finds that public health and safety is best served by the
adoption of a model ordinance providing for regulation of massage therapy activities
in a manner that is consistent throughout the Coachella Valley.
D. The City Council finds and determines that a deposit fee is necessary to offset
the costs associated with the implementation and administration of this ordinance.
SECTION II. PURPOSE AND INTENT
A. The purpose of this ordinance is to insure the protection of the public health and
safety and the personal safety of massage therapists through the establishment of
certain licensing standards pertaining to massage therapy business activities within the
Coachella Valley and to recognize massage therapy as a legitimate business occupation
and health enhancement service.
B. This model ordinance, upon adoption by this and the other cities within the
Coachella Valley, shall provide for the consistent regulation and reciprocal permitting
of massage therapy business activities throughout the Coachella Valley.
C. Nothing in this ordinance is intended to permit any use, conduct, and/or activity
- that violates any federal, state or local law or regulation.
Ordinance No. 359
Massage Ordinance
Municipal Code / Chapter 5.32
September 18, 2001
Page 2
SECTION III. REPEAL OF CHAPTER 5.32
Chapter 5.32 of the La Quinta Municipal Code is hereby repealed.
SECTION IV. RE-ADOPTION OF CHAPTER 5.32
Chapter 5.32 of the La Quinta Municipal Code is hereby adopted as follows:
5.32.0'10 Definitions.
A. "Applicant" means the individual seeking a permit pursuant to this Chapter.
B. "Cerb'fied copy"shall mean a copy of a document that is certified by the issuer as
being a true and accurate copy of the original document or a similar document bearing
an original signature of the issuer.
C. "Certified statement"shall mean a written assertion, claim or declaration bearing
the original signature of the issuer.
D. "Coachella Va/ley Mode/Massage Ordinance" shall mean the provisions of this
ordinance as adopted by this or any other jurisdiction within the Coachella Valley.
E. "Communicable disease" shall mean tuberculosis, or any disease, which may be
transmitted from a massage therapist to a patron through normal physical contact
during the performance of any massage service.
F. "Comp/ete application"shall mean an application, which provides all of the requisite
information required to be provided by an applicant pursuant to this Chapter.
G. "Disqualifying conduct" means any of the following when occurring within five (5)
years of any application made pursuant to this Chapter:
(a) Pandering as set forth in California Penal Code Section 266i;
(b) Keeping or residing in a house of ill-fame as set forth in California Penal Code
Section 31 5;
(c) Keeping a house for the purpose of assignation or prostitution, or other
disorderly house as set forth in California Penal Code Section 31 6;
Ordinance No. 359
Massage Ordinance
Municipal Code / Chapter 5.32
September 18, 2001
Page 3
(d) Prevailing upon a person to visit a place of illegal gambling or prostitution as
set forth in California Penal Code Section 318;
(e) Lewd conduct as set forth in California Penal Code' Section 647, subdivision
(a);
(f) Prostitution activities as set forth in California Penal Code Section 647,
subdivision (b);
(g) Any offense committed in any other state which, if committed or attempted
in this state, would have been punishable as one or more of the offenses set forth in
California Penal Code Sections 266(i), 315, 316, 318, or 647, subdivisions (a) or (b);
(h) Any felony offense involving the sale of any controlled substance specified
in California Health and Safety Code Sections 11054, 11055, 11056, 11057, or
11058;
(i) Any offense committed in any other state which, if committed or attempted
in this state, would have been punishable as a felony offense involving the sale of any
controlled substance specified in California Health and Safety Code Sections 11054,
11055, 11056, 11057, or 11058;
(j) Any misdemeanor or felony offense which relates directly to the practice of
massage therapy, whether as a massage therapy business owner or operator, or as a
massage therapist; or
(k) Any felony the commission of which occurred on the premises of a massage
therapy establishment.
H. "Filing date of application" shall mean the date on which the Permit Administrator
determines that a complete application pursuant to this Chapter has been submitted
to the Permit Administrator by the applicant.
I. ''Full nudity" or "semi-nudity" shall mean any of the following' (a) the appearance
or display of an anus, male or female genital, pubic region, or a female breast below
a point immediately above the top of the areola, and/or (b) a state of undress which
less than completely and opaquely covers an anus, male or female genital, pubic region
or a female breast below a point immediately above the top of the areola.
Ordinance No. 359
Massage Ordinance
Municipal Code / Chapter 5.32
September 18, 2001
Page 4
J. "Manager"means the individual(s) who are responsible for the management and/or
supervision of a massage therapy business.
K. "Massage" or ?nassage therapy" shall mean any method of pressure on, or friction
against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the
external parts of the human body with the hands or with the aid of any mechanical or
electrical apparatus or appliances, with or without supplementary aids such as creams,
ointments, or other similar preparations commonly used in the practice of massage,
under such circumstances that it is reasonably expected that the person to whom the
treatment is provided or some third person on his or her behalf will pay money or give
any other consideration or any gratuity therefor. "Massage" and "massage therapy"
shall include such manipulation of the body or similar procedures described in this
paragraph that are performed in hydrotherapy, spa or similar bath facilities.
L. "Massage therapy estab/ishment" shall mean any establishment having a fixed
place of business for the purpose of deriving income or compensation from massage
therapy services, whether or not massage is performed on the premises.
M. ''Massage therapist" shall mean an individual who, for any consideration
whatsoever, performs or offers to perform a massage.
N. 'Operator"shall mean any of the following' (a) the owner, (b) the permit holder and
applicant(s) therefor, (c) custodian, (d) manager, or (e) person in charge of any
massage therapv establishment.
O. 'Off-premises massage"shall mean a massage performed at a location that is not
a massage therapy establishment for which a permit to operate as a massage therapy
establishment has been granted by the City.
P. "Patron"shall mean any person who receives a massage in exchange for any form
of consideration including, but not limited to, the payment of money.
Q. "Permit" shall mean the written license to engage in the practice of massage for
compensation as required by the Coachella Valley Model Massage Ordinance. A
"Reciprocal Permit"shall mean a permit issued by this jurisdiction based solely on the
fact that applicant holds a valid massage therapist permit issued by another jurisdiction
pursuant to the Coachella Valley Model Massage Ordinance. An "OriginaIPermit" shall
mean a massage therapist permit issued by this jurisdiction without regard to whether
or not applicant holds a massage therapist permit issued by another jurisdiction. A
Ordinance No. 359
Massage Ordinance
Municipal Code / Chapter 5.32
September 18, 2001
Page 5
Massage Establishment Permit shall mean a permit issued to the owner or operator of
any massage therapy establishment. The massage establishment permit does not
exempt the individual massage therapist, providing massage services at the
establishment, from having a separate permit to engage in the practice of massage.
R. 'Permit Administrator" means the City Manager or his designee, who will be
responsible for issuing, revoking and otherwise administering any provision of this
Chapter.
S. "Permittee"shall mean the person to whom a permit has been issued pursuant to
the Coachella Valley Model Massage Ordinance and the applicants therefor.
T. "Person"shall mean any of the following: (a) an individual, (b) a proprietorship, (c)
a partnership, (d) a corporation, (e) an association, (f) a limited liability company or (f)
any other legal entity.
U. "Physician's CerflYfcate" shall mean a certified statement from a physician licensed
to practice medicine in the United States that provides that the applicant has, within
sixty days prior to the filing date of the application, been examined by said physician
and it has been determined that the applicant is free of any communicable disease as
defined in this Chapter.
V. "Recognized School of Massage" shall mean any school or educational institution
licensed or approved by the state in which it is located, whose purpose it is to upgrade
the professionalism of massage therapists and which teaches the theory, ethics,
practice, profession or work of massage and which requires a resident course of study
before the student shall be furnished with a diploma or a certificate of graduation from
such school or institution of learning following the successful completion of such
course of study or learning. Schools offering a correspondence course not requiring
actual attendance shall not be deemed a recognized school.
W. "Specified anatomical area"shall mean human genitals, pubic region, anus, or a
female breast below a point immediately above the top of the areola.
X. "Specified sexual activities" shall mean any of the following: (a) the fondling or
other erotic touching of human genitals, pubic region, anus, or female breasts, (b) sex
acts, normal or perverted, actual or simulated, including, but not limited to, inter-
course, oral copulation, masturbation, or sodomy, or (c) excretory functions as part of
or in connection with the fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breasts, sex acts, normal or perverted, actual or
simulated, including inter-course, oral copulation, masturbation, or sodomy.
Ordinance No. 359
Massage Ordinance
Municipal Code / Chapter 5.32
September 18, 2001
Page 6
5.32.020 Massage Therapy Permits Required.
A. Massage Therapist Permit. Except as expressly provided in this Chapter, only a
person holding a current massage therapist permit issued pursuant to this Chapter shall
perform or offer to perform massage therapy at a massage therapy establishment
located within the City. Nothing herein shall exempt a person from zoning or other
applicable requirements set out elsewhere in this Code or in the Zoning Ordinance, and
every person shall comply with all such requirements.
B. Off-premises Endorsement to Massage Therapist Permit. Except as expressly
provided in this Chapter, no person shall perform or offer to perform an off-premises
massage unless he or she has a valid massage therapist permit, with an off-premises
endorsement, issued to him or her pursuant to the provisions of this Chapter. Nothing
herein shall exempt a person from zoning or other applicable requirements set out
elsewhere in this Code or in the Zoning Ordinance, and every person shall comply with
all such requirements.
C. Unless specifically exempted by state law, the fact that a person possesses other
types of permits and/or licenses does not exempt him or her from the requirement of
obtaining a permit that is required by this Chapter. The permit requirements of this
Chapter shall be in addition to the requirement of a business license set out elsewhere
in this Code, as well as any other license, permit or fee required by any local, county,
state or federal law.
5.32.030 Consent.
By applying for a permit under the Coachella Valley Model Massage Ordinance, the
applicant shall be deemed to have consented to the provisions of this Chapter and to
the exercise thereunder by the Permit Administrator and the City's officials,
representatives and employees charged with implementing and/or enforcing the
provisions set forth in this Chapter.
5.32.040 Permit Administrator's Responsibilities.
The City shall designate a Permit Administrator who shall be responsible for granting
or denying all permits described in this Chapter and said permits shall only be granted
or denied pursuant to the provisions described herein and all other applicable laws. If
no designation is made pursuant to this provision, the City Manager shall be deemed
the Permit Administrator.
Where used herein with respect to the Permit Administrator's responsibilities, words
Ordinance No. 359
Massage Ordinance
Municipal Code / Chapter 5.32
September 18, 2001
Page 7
such as "shall" and "must" are not intended by the City to self-impose liability and are
instead intended only to be directory.
5.32.050 Reciprocal Massage Therapist Permit Application
A. If an applicant holds a current massage therapist permit issued by any other
jurisdiction pursuant to the Coachella Valley Model Massage Ordinance, then
application for a reciprocal massage therapist permit may be made by submission, to
the Permit Administrator, of all of the following:
(a) A certified copy of a current massage therapist permit issued, pursuant to
the Coachella Valley Model Massage Ordinance, by any other jurisdiction;
(b) A certified copy of the original and all renewal applications related to the
massage therapist permit issued by the other jurisdiction pursuant to the Coachella
Valley Model Massage Ordinance; and
(c) A non-refundable application fee of twenty-five dollars ($25.00) to defray the
costs of administering this Chapter.
B. If the massage therapy permit submitted in support of an application for a
Reciprocal Permit includes an off-premises endorsement, the application shall be
deemed an application for both a massage therapist permit and an off-premises
endorsement and no further documentation, information or fees shall be required in
order to apply for an off-premises endorsement to the Reciprocal Permit.
5.32.060 Original Massage Therapist Permit Application
If an applicant does not hold a current massage therapist permit issued by another
jurisdiction that has adopted the Coachella Valley Model Massage Ordinance,
application for issuance of a massage therapist permit by this jurisdiction shall be
made, under oath, on the form set out at Appendix A. The following information,
documents and other requirements shall be included with the submission of all such
applications:
A. The applicant's legal name, any aliases and date of birth;
Ordinance No. 359
Massage Ordinance
Municipal Code / Chapter 5.32
September 18, 2001
Page 8
B. A certified letter of intent to employ from the operator of a massage therapy
establishment lawfully operating within the City. Each such letter shall verify that the
operator of the massage therapy establishment has reviewed the applicant's
qualifications and that the applicant has met the requirements necessary to perform
massage therapy at that facility;
C. The applicant's home and business addresses, corresponding telephone numbers,
and permanent address and telephone number, if different;
D. Written evidence that the applicant is at least eighteen years of age;
E. The previous home addresses of applicant for the ten years prior to the filing date
of the application and the dates of residency at each such address;
F. The names, addresses and descriptions of all current and former businesses owned,
operated or managed by applicant for the ten years prior to the filing date of the
application and the dates applicant owned, operated or managed each such business;
G. Employment history for the ten years prior to the date of application, and all
massage or similar business history and experience;
H. Two front-face portrait photographs taken within thirty days of the date of
application, at least two inches by two inches in size;
I. Applicant's weight, height, color of hair and eyes, and sex;
J. The applicant's driver's license number or identification number;
K. The applicant's fingerprints taken within the previous sixty (60) days by an agency
approved by the Permit Administrator;
L. The applicant's social security number and/or state or federally issued tax
identification number;
M. Proof, in the form specified here, that applicant is (i) a graduate of a Recognized
School of Massage or (ii) certified by the National Certification Board for Therapeutic
Massage and Bodywork. Proof of certification by the National Certification Board for
Therapeutic Massage and Bodywork shall be in the form of a certified copy of the
therapeutic massage and bodywork credential issued by said Board. Proof of
graduation from a Recognized School of Massage shall require both of the following:
(a) Certified copy of the applicant's diploma or certificate of graduation, or
Ordinance No. 359
Massage Ordinance
Municipal Code / Chapter 5.32
September 18, 2001
Page 9
equivalent documentation, establishing that applicant has successfully completed the
course of study for competency as a massage therapist offered by the Recognized
School of Massage; and
(b) Certified transcript from a Recognized School of Massage verifying applicant
has successfully completed a course of study requiring at least three hundred (300)
hours of massage therapy training. If the application is submitted concurrently with
an application for an off-premises endorsement, the minimum hours of training shall
be as set out below for an off-premises endorsement application;
N. A certified statement from a physician licensed to practice medicine in the United
States that provides that the applicant has, within sixty days prior to the filing date of
the application, been examined by said physician and it has been determined that the
applicant is free of any communicable disease as defined in this Chapter;
O. A list of all of applicant's convictions, excluding traffic violations;
- P. Whether or not the applicant has ever been convicted of any disqualifying conduct;
Q. Whether or not the applicant is required to register as a sex offender pursuant to
the California Penal Code Section 290;
R. Whether or not applicant has had a previous permit, license or other authority for
massage services denied, suspended or revoked by any entity. If so, the date, location
and reasons for the denial, suspension or revocation;
S. Whether or not the applicant has been a sole proprietor, general partner, officer,
director, member or employee of any massage therapy business that has had a permit,
license or authority to operate a massage business denied, suspended or revoked by
any entity. If so, the applicant shall provide the name and location of the massage
therapy establishment or business for which the permit was denied, suspended or
revoked, the date of the denial, suspension or revocation, and the reason(s) for the
denial, suspension or revocation; and
T. The applicant shall provide the Permit Administrator with the authorization to
conduct the necessary background investigations to determine the truthfulness and
correctness of the information provided by applicant and whether the applicant is
qualified pursuant to this Chapter to receive the requested massage therapist permit.
U. The applicant shall date and sign the application and declare under penalty of
perjury that the information contained in the application is true and correct.
Ordinance No. 359
Massage Ordinance
Municipal Coda / Chapter 5.32
September 18, 2001
Page 10
V. The applicant shall pay a non-refundable application deposit fee of one hundred and
fifty dollars ($150.OO) at the time of filing an application to defray the costs of
administering this Chapter.
5.32.070 Supplemental Application For Off-Premises Endorsement
If an applicant does not hold a current permit with an off-premises endorsement issued
by another jurisdiction pursuant to the Coachella Valley Model Massage Ordinance,
application for an off-premises endorsement to a massage therapist permit issued by
this jurisdiction shall be made, under oath, on the form set out at Appendix B. The
following information, documents and other requirements shall be included with the
submission of all such applications:
A. The applicant's legal name;
B. A copy of applicant's massage therapist permit issued pursuant to this Chapter, or
Reciprocal Permit, if application therefor is not submitted concurrently;
C. Proof, in the form specified here, that applicant is (i) a graduate of a Recognized
School of Massage or (ii) certified by the National Certification Board for Therapeutic
Massage and Bodywork. Proof of certification by the National Certification Board for
Therapeutic Massage and Bodywork shall be in the form of a certified copy of the
therapeutic massage and bodywork credential issued by said Board. Proof of
graduation from a Recognized School of Massage shall require both of the following:
(a) Certified copy of the applicant's diploma or certificate of graduation, or
equivalent documentation, establishing that applicant has successfully completed the
course of study for competency as a massage therapist offered by the Recognized
School of Massage; and
(b) Certified transcript from a Recognized School of Massage verifying applicant
has successfully completed a course of study requiring at least five hundred (500)
hours of massage therapy training.
D. The applicant shall provide the Permit Administrator with the authorization to
conduct the necessary background investigations to determine the truthfulness and
correctness of the information provided by applicant and whether the applicant is
qualified pursuant to this Chapter to receive the requested off-premises endorsement.
E. The applicant shall date and sign the application, declaring under penalty of perjury
that the information contained in the application is true and correct.
Ordinance No. 359
Massage Ordinance
Municipal Code / Chapter 5.32
September 18, 2001
Page 11
F. The applicant shall pay a non-refundable application deposit fee of fifty dollars
(8§0.00) at the time of filing an application for an off-premises endorsement to defray
the cost of administering this Chapter, which fee shall be in addition to any other
permit application fees.
5.32.080 Processing the Application
A. All applications shall be submitted to the Permit Administrator.
B. Upon receipt of an application and payment of the nonrefundable application
deposit fee, the Permit Administrator shall immediately stamp the application as
received on that date. Within 30 days thereafter, the Permit Administrator shall notify
the applicant if the application is deemed incomplete. Any subsequent submission
shall be deemed a new application.
C. Upon receipt of a completed application, the Permit Administrator shall cause an
investigation to be made by the appropriate individuals or departments as determined
by the Permit Administrator to be necessary for review and investigation of the
accuracy of the information contained in the application and compliance with all
applicable regulations.
D. Each department or division to which the application is submitted by the Permit
Administrator shall respond in writing to the Permit Administrator.
E. The Permit Administrator shall grant or deny an application for an Original Permit
within sixty (60) business days of receipt of a complete application. The Permit
Administrator shall grant or deny a Reciprocal Permit or a renewal application within
thirty (30) calendar days of receipt of a complete application therefor.
5.32.090 Grounds for Denial of Application
A. An application for a massage therapy permit shall be denied if the Permit
Administrator finds that, in the case of an application for a Reciprocal Permit, the
massage therapy permit or off-premises endorsement that the applicant alleges to have
been issued by another jurisdiction pursuant to the Coachella Valley Model Massage
Ordinance is not valid and/or current. In all other cases, the application shall be denied
if the Permit Administrator finds any of the following:
(a) The applicant is not eighteen years of age or older;
Ordinance No. 359
Massage Ordinance
Municipal Code / Chapter 5.32
September 18, 2001
Page 12
(b) The application contains false information;
(c) The applicant did not submit either (i) a diploma or certificate of
graduation or equivalent documentation from a Recognized School of Massage that
verifies that he or she has obtained the requisite number of hours of massage therapy
training; or (ii) therapeutic massage and bodywork credentials issued by the National
Certification Board for Therapeutic Massage and Bodywork;
(d) The applicant has been convicted of disqualifying conduct;
(e) The applicant is required by the California Penal Code to register as a
sex offender;
(f) The applicant has had a massage therapist permit, or a permit or
license to operate a massage therapy establishment, denied, revoked or suspended by
any entity within five years prior to the date of the application; or
(g) The application is incomplete or any required information or document
has not been provided with the application.
B. If the Permit Administrator denies the application, he or she shall notify the
applicant of the denial in writing and state the reason(s) for the denial.
C. Any subsequent information submitted to cure the grounds of a denied application
shall be treated as a new application.
5.32.100 Issuance of Permit
A. The Permit Administrator shall issue the permit if there are no grounds to deny the
permit as set forth in this Chapter.
B. Except as expressly provided in this Chapter, no person shall perform or offer to
perform massage therapy at any location within the City unless said person has first
obtained a massage therapist permit issued pursuant to this Chapter.
C. Except as to therapists with an off-premises endorsement, the operator of a
massage therapy establishment may only offer massage therapy services performed
by a massage therapist to whom a massage therapist permit has been issued by the
Permit Administrator.
D. A massage therapist permittee shall not perform or offer to perform massage
therapy services at any site other than a lawfully operating massage therapy
establishment unless the permittee's massage therapist permit includes an off-premises
Ordinance No. 359
- Massage Ordinance
Municipal Code / Chapter 5.32
September 18, 2001
Page 13
endorsement.
5.32.110 Temporary Permits
A. Upon a finding of good cause therefor, the Permit Administrator may issue a
temporary permit to any person who possess a valid permit issued by any other
governmental entity pursuant to requirements that are similar to those set out in this
Chapter, including the training, physical clearance, fingerprinting and background
investigation requirements.
B. Application for a temporary permit shall be made by written request that includes
a statement, under penalty of perjury, of the justification for a temporary permit. Said
request shall be submitted to the Permit Administrator, together with the following:
(a) A certified copy of a valid permit issued by any other jurisdiction;
(b) A certified copy of the provisions of the ordinance or other local law pursuant
to which the permit was issued by said other jurisdiction;
(c) Proof of identification; and
(d) A non-refundable application deposit fee of twenty-five dollars ($25.00).
C. All temporary permits shall automatically expire thirty (30) days after the date of
issuance of the subject temporary permit. The Permit Administrator shall have the
discretion to extend the term of any temporary permit an additional thirty (30) days
provided that the entire term of the subject temporary permit does not exceed a total
period of ninety (90) days.
D. The Permit Administrator may condition the issuance of a temporary permit on any
additional requirements that he or she deems necessary to assure the purpose and
policy of this Chapter is met.
Ordinance No. 359
Massage Ordinance
Municipal Code / Chapter 5.32
September 18, 2001
Page 14
5.32.120 Keeping Application and Ordinance Current
A. During the effective duration of the permit, the permittee shall promptly update,
correct or Supplement the information contained in the application therefor on file with
the Permit Administrator when necessary to keep the information contained therein
current and accurate.
B. Where reference is made herein to any statute or other law, said reference shall
include any subsequent amendment or superseding provision thereto.
C. The fees and fines and other sums set forth in this Chapter shall be in effect until
the City Council or, if authority hereunder has been delegated to another agency, the
governing body thereof, shall, by resolution, fix some other rate based upon a cost
factor.
5.32.130 Renewal of Permit
A. All permits shall expire one year from the date they are issued, except that an off-
premises endorsement shall expire concurrently with the corresponding massage
therapist permit.
B. Applications for renewal of a permit shall be made thirty (30) calendar days prior
to the expiration date of the permit. As necessary to update the information contained
within the last application or renewal thereof, application for renewal shall be in the
same manner as the original application. However, to the extent that the information
previously submitted to the Permit Administrator remains current, a statement to that
effect shall be sufficient and no further information or documentation shall be required
except as follows:
(a) Renewal of a Reciprocal Permit:
i. Where the applicant seeks to renew a Reciprocal Permit, application
for renewal shall include evidence that the underlying massage therapist permit has
beeh renewed by the issuing jurisdiction and that it remains valid and current.
ii. For renewal of a Reciprocal Permit, permittee shall pay a non-
refundable renewal application deposit fee of ten dollars ($10.00) to help defray the
expense of administering this Chapter.
Ordinance No. 359
- ~. Massage Ordinance
Municipal Code / Chapter 5.32
September 18, 2001
Page 15
iii. A Reciprocal Permit shall not be renewed if the underlying massage
therapist permit has expired and has not been renewed, or the underlying permit has
been revoked, or is otherwise no longer valid. If renewal of a Reciprocal Permit is
denied because the Underlying permit is no longer valid, permittee shall submit a
complete, original application and comply with all submission requirements set out
above for application for an original massage therapist permit. All such applications
shall include an explanation of the reason that the Reciprocal Permit is no longer valid.
(b) Renewal of Original Permits:
i For renewal of an original massage therapist permit, permittee shall
include a current Physician's Certificate, as described above, with his or her renewal
application.
ii. For renewal of an original massage therapist permit, permittee shall
also pay a non-refundable renewal application deposit fee of one hundred dollars
($100.00) at the time of filing the renewal application to help defray the expense of
administering this Chapter.
5.32.140 Therapist's Dress and Identification
A. During all times that he or she is performing or offering to perform massage
therapy services, every massage therapist shall wear a badge that identifies his or her
first or last name. Upon receipt of a request or complaint by a patron, the massage
therapist shall advise the patron of the full name of the massage therapy establishment
through which the massage therapy services were arranged, and the identity of the
Permit Administrator through whom the therapist was issued his or her qualifying
massage therapist permit.
B. All massage therapists shall have in their possession a valid permit issued pursuant
to the Coachella Valley Model Massage Ordinance as well as valid identification at all
times that he or she is performing or offering to perform massage therapy services
within the City.
C. All massage therapists shall wear non-transparent outer garments covering all
specified anatomical areas while performing or offering to perform any massage
therapy services.
Ordinance No. 359
Massage Ordinance
Municipal Code / Chapter 5.32
September 18. 2001
Page 16
5.32.150 Other Prohibited Activities
A. It is unlawful for any massage therapist, any patron, or any other person present
where massage therapy services are being offered or performed, to expose or touch
any specified anatomical areas, whether his or her own, or those of another person.
B. It is unlawful for any massage therapist, any patron, or any other person present
where massage therapy services are being offered or performed, to be in a state of full
nudity or semi-nudity.
C. It is unlawful for any massage therapist, any patron, or any other person present
where massage therapy services are being offered or performed, to engage in any
specified sexual activities.
D. No person shall provide or offer to provide any massage therapy services to a minor
unless written permission is provided by the minor's parent or legal guardian.
E. No permittee shall provide or offer to provide massage therapy services under any
name not specified in the qualifying permit.
F. No permittee shall provide or offer any alcoholic beverage to a patron during the
course of providing or offering to provide any massage therapy service.
G. No permittee shall transfer or assign any permit issued pursuant to this Chapter to
another person or entity. Any attempted transfer shall result in the automatic
termination of said permit.
5.32.160 Permits Issued Pursuant to Superceded Ordinance
Provided the massage therapist held a permit validly issued by the City prior to the
effective date of this ordinance, and was in compliance with all requirements of the
City with respect thereto, said permit holders shall have until the expiration date of
said permit, or one year from the effective date of this Chapter, whichever date is
earlier, to obtain a permit issued pursuant to the provisions of this Chapter.
5.32.170 Suspension and Revocation of Permit
A massage therapist permit and any off-premises endorsement issued pursuant to the
Coachella Valley Model Massage Ordinance, or any predecessor ordinance, shall be
revoked by the Permit Administrator whom has issued the permit if he or she receives
Ordinance No. 359
Massage Ordinance
Municipal Code / Chapter 5.32
September 18, 2001
Page 17
notice that, after administrative proceedings conducted in conformity with the City's
Municipal Code, the City has made any of the following findings or determinations with
respect to the permittee:
A. The massage therapy business or service is conducted in a manner that does not
comply with all applicable laws, including but not limited to this Chapter and the City's
building, zoning and health regulations.
B. The holder of the permit is convicted of any disqualifying conduct or is required to
register as a sex offender as set forth in California Penal Code Section 290;
C. The permittee fails to notify the Permit Administrator of any update to the
information contained in the application that is required to keep the information
current;
D. Information contained in the approved application is inaccurate;
E. Any patron of the permittee contracts any communicable disease during the course
of any services offered by the permittee;
F. The holder of the permit, or any applicant therefor, refuses to allow representatives
of the City or Permit Administrator to inspect business records of the permittee, or any
premises utilized by the permittee for massage therapy services;
G. The permittee fails to comply with any of the provisions of this Chapter; or
H. The holder of the permit has ceased to meet any of the requirements for issuance
of the permit.
5;.32,180 Appeals
A. Any person aggrieved by a decision of the Permit Administrator may file an appeal
to the City Council that conforms to the following requirements:
(a) All appeals shall be in writing and shall contain the following information: (a)
name(s) of the person filing the appeal ("appellants"), (b) a brief statement in ordinary
and concise language of the grounds for the appeal; and (c) the signatures of all parties
named as appellants and their mailing addresses.
Ordinance No. 359
Massage Ordinance
Municipal Code / Chapter 5.32
September 18, 2001
Page 18
(b) A filing fee for an appeal of $100, or other amount as established from time
to time by City Council resolution, must be paid to the City at or prior to the time of
the filing of the appeal.
(c) Any appeal filed that fails to provide all of the information required by this
Section and the appropriate filing fee shall be deemed incomplete.
(d) A complete and proper appeal of the denial of a permit application shall be
filed with the City Clerk within ten (10) calendar days of service of the letter denying
the application or within ten (10) calendar days of any other action that is the subject
of appeal.
B. After receiving the written appeal, the City Clerk shall schedule a public hearing
before the City Council at the next regularly scheduled City Council meeting for which
there is sufficient time to have the matter properly noticed.
C. The decision of the City Council shall be final.
5.32.190 Other Remedies
A. Any violation of the provisions of this Chapter is unlawful and a public nuisance,
subject to abatement, removal or enjoinment thereof in the manner provided by law.
B. Any violation of the provisions of this Chapter shall constitute an infraction
violation and the violator shall be subject to the imposition of criminal penalties and
civil fines. For each separate violation of any provision of this Chapter, the person
convicted of such infraction shall be subject to the following fines for each separate
violation: (a) a fine in an amount not to exceed two hundred fifty dollars ($250.00)
for a first conviction of an offense; (b) a fine in an amount not to exceed five hundred
dollars ($500.00) for a second conviction of the same offense within a twelve (12)
month period from the date of the first offense; and (c) a fine in an amount not to
exceed seven hundred fifty dollars ($750.00) for a third conviction of the same
offense within a twelve (12) month period from the date of the first offense. The fine
for a fourth and subsequent convictions of the same offense within a twelve (12)
month period of the date from the first offense shall be one thousand dollars
( $1,000.00).
C. In lieu of issuing an infraction citation, the City may issue an administrative citation,
and/or assess an administrative fine consistent with the infraction civil fines set out
above, pursuant to any other ordinance within its municipal code.
Ordinance No. 359
Massage Ordinance
Municipal Code / Chapter 5.32
September 18, 2001
Page 19
D. Nothing in this section shall preclude the City from issuing an infraction or
misdemeanor citation upon the occurrence of the same subject offense on a separate
day.
E. The remedies provided herein are not to be construed as exclusive remedies and,
in the event of violation, the City may pursue any proceedings or remedies otherwise
provided by law.
5.32.200 Exemptions
The provisions of this Chapter shall not apply to any of the following:
A. Any physician, surgeon, chiropractor, osteopath, or acupuncturist duly licensed to
practice their respective professions in the state of California, or any nurse or physical
therapist working under the supervision thereof, when engaging in any massage
therapy practice or activity within the scope of said license. Practical nurses or other
persons without qualifications as massage therapists or other persons not duly licensed
by the state of California to practice pursuant to the Medical Practice Act, whether or
not employed by a physician, surgeon, chiropractor, osteopath, or acupuncturist, may
not perform or offer to perform massage therapy without first obtaining a massage
therapist permit pursuant to the provisions of this Chapter.
B. Any treatment administered in good faith in any course of the practice of any
healing art or profession by any person licensed to practice any such art or profession
under the Business and Professions Code of the state of California or any other laws
of the state of California.
C. Barbers, beauticians, manicurists, and pedicurists who are duly licensed under the
laws of the state of California, except that this exemption shall apply solely to the
massaging of the scalp, face, neck, arms, hands, or feet of the customer or client for
cosmetic or beautifying purposes.
5.32.210 Transfer of Permit
No massage therapist permit or off-premises endorsement shall be transferable and
any attempted transfer shall render the permit null and void.
5.32.220 Massage Therapy Establishment Regulations.
No person shall own or operate a massage therapy establishment without first
obtaining a massage establishment permit.
Ordinance No. 359
Massage Ordinance
Municipal Code / Chapter 5.32
September 18, 2001
Page 20
In order to obtain and maintain a massage therapy establishment permit, an inspection
by the City must reveal that the establishment complies with each of the following
requirements:
J. A separate wash basin shall be provided for each portion of a massage therapy
establishment wherein massage services are performed for the individual use of
each person performing massage services. The basin shall be provided with soap
and hot and cold running water at all times and shall be located within, or as close
as practicable, to the area devoted to the performing of massage services. In
addition, there shall be provided at each wash basin, sanitary towels placed in
permanently installed dispensers.
K. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other
physical facilities for the establishment must be in good repair and maintained in a
clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam
or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned
each day the business is in operation. Bathtubs shall be thoroughly cleaned after each
use,
L. Clean and sanitary towels and linens shall be provided for each patron of the
establishment or each patron receiving massage services. No common use of towels
or linens shall be permitted.
M. It shall be the responsibility of the holder of the massage establishment permit
or the employer of any persons purporting to act as massage therapists, to insure that
each person employed as a massage therapist has first obtained a valid permit
pursuant to this Chapter.
5,32..230 Massage Establishment Permits,
A. Any person desiring to obtain a permit to operate a massage therapy
establishment shall make application to the Permit Administrator for an investigation.
Each application shall be accompanied by a fee in such amount as may have been
established by resolution of the City Council to defray the expense of investigation and
processing.
B. The Director of Building and Safety or his designee shall inspect the premises
proposed to be devoted to the massage therapy establishment and shall make a
recommendation to the Permit Administrator concerning compliance with the
provisions within this Chapter.
Ordinance No. 359
Mausage Ordinance
Municipal Code / Chapter 5.32
September 18, 2001
Page 21
C. The Permit Administrator shall grant a permit to the establishment if all
requirements for a massage therapy establishment described in this chapter are met.
D. All permits issued under this chapter are nontransferable. A change of location
of a massage therapy establishment will require a new 'massage establishment permit.
E. Every person, association, firm or corporation to whom or for which a massage
establishment permit has been granted shall display the permit in a conspicuous place
so that it may be readily seen by persons entering the premises where the massage,
bath, or treatment is given.
F. The Director of Building and Safety, fire department, and police department may,
from time to time make an inspection of each massage therapy establishment in the
City for the purpose of determining that the provisions of this Code are met.
G. Any such sale or transfer of any interests in an existing massage therapy
establishment or any application for an extension or expansion of the building or other
place of business of the massage therapy establishment, shall require inspection and
shall require compliance with this chapter.
5.32.240 Revocation and Suspension of Permits Issued Under Prior Chapter
5.32
The following provisions shall apply to massage therapists permits issued prior to
October 19, 2001 and to all massage establishment permits regardless of date of
issuance:
A. A permit issued under authority of this Chapter may be suspended for violation
of any of its provisions or for fraud or misrepresentation in the permit application, but
no permit shall be revoked until after a hearing has been held before the City Manager
or his designee, to determine just cause for the revocation; provided however the Chief
of Police may order any permits suspended pending the hearing, and it is unlawful for
any person to carry on the business of a massage technician or to operate a massage
therapy establishment depending upon the particular type of permit which has been
suspended until the suspended permit has be reinstated by the City Manager. Notice
of the hearing shall be given in writing and served at least five days prior to the date
of the hearing thereon. The notice shall state the ground of the complaint against the
holder of the permit, or against the business carried on by the permittee at the
massage establishment, and shall state the time and place where the hearing will be
had following the five day notice period.
Ordinance No. 359
Massage Ordinance
Municipal Code / Chapter 5.32
September 18, 2001
Page 22
B. The notice shall be served upon the permit holder by delivering it to the person or
by leaving the notice at the place of business or residence of the permit holder in the
custody of a person of suitable age and discretion. In the event the permit holder
cannot be found, and the service of notice cannot be made in the manner provided in
this section, a copy of the notice shall be mailed, postage fully prepaid, addressed to
the permit holder at his place of business or residence at least five days prior to the
date of the hearing.
5.32.250 Violation and Penalty for Permits Issued Under Prior Chapter 5.32
The following provisions shall apply to massage therapist permits issued prior to
October 19, 2001 and to all massage establishment permits regardless of date of
issuance:
A. Every person, except those persons which are specifically exempted by this
Chapter, whether acting as an individual, owner, operator or employee of the operator,
or whether acting as a mere helper for the owner, employee or operator, or whether
acting as a participant or worker in anyway, who gives massages or conducts a
massage therapy establishment or room, or who gives or administers or who practices
the giving or administering of steam baths, electric light baths, electric tub baths,
shower baths, sponge baths vapor baths, fomentation, sun baths, mineral baths
alcohol rubs, Russian, Swedish, or Turkish baths, or any other type of baths, salt flows
or any type of therapy or who does or practices any of the other things or acts
mentioned in this chapter without first obtaining a permit to do so from the City or
violates any provision of this chapter shall be guilty of a misdemeanor.
B. Any owner, operator, manager, or permittee in charge or in control of a massage
therapy establishment who knowingly employs a person performing as a massage
technician as defined in this chapter who is not in possession of a valid permit or who
allows such an employee to perform, operate or practice within such a place of
business is guilty of a misdemeanor.
C. Any massage therapy establishment operated, conducted, or maintained contrary
to the provisions of this chapter shall be and is declared to be unlawful and a public
nuisance and the city attorney may, in addition to or in lieu of prosecuting a criminal
action under this chapter, commence an action or actions, proceeding or proceedings,
for the abatement, removal and enjoinment thereof, in the manner provided by law;
and may take such other steps and may apply to such court or courts as may have
jurisdiction to grant such relief as will abate or remove the massage establishments
and restrain and enjoin any person from operating, conducting or maintaining a
massage therapy establishment contrary to the provisions of this chapter.
5.32,260 Severability
Ordinance No. 359
Massage Ordinance
Municipal Code / Chapter 5.32
September 18, 2001
Page 23
If any section, subsection or clause of this ordinance shall be deemed to be
unconstitutional or otherwise invalid, the validity of the remaining section, subsection
and clauses shall not be affected thereby.
SECTION V. EFFECTIVE DATE
This ordinance' shall be in full force and effect thirty days after its adoption.
SECTION VI. POSTING
The City Clerk shall within 15 days after the passage of this o,'dinance, cause this
ordinance to be posted in at least three (3) public places designated by resolution of
the City Council; shall certify to the adoption and posting of this ordinance; and shall
cause this ordinance and its certification, together with proof of posting, to be entered
in the Book of Ordinances of this City.
PASSED, APPROVED and ADOPTED this 18th day of September, 2001 by the
following vote:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a
NOES: None
ABSENT: None
ABSTAIN: None
JOH , r
City ' California
Ordinance No. 359
Ma=sage Ordinance
Municipal Code / Chapter 5.32
September 18. 2001
Page 24
ATTEST:
JUNELE~tS'REEK, CMC, City Cl~rk
City of Indio, California
(City Seal)
APPROVED AS TO FORM:
City of La Ouinta, California
Ordinance No. 359
Massage Ordinance
Municipal Code / Chapter 5.32
September 18, 2001
Page 25
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the
foregoing to be a full, true and correct copy of Ordinance No. 359 which was
introduced at a regular meeting on the 21sT day of August, 2001, and was adopted
at a regular meeting held on the 18t~ day of September, 2001, not being less than
5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the City
of La Quinta as specified in a Resolution of the City Council.
JU~ GREEK, CMC,"C-mc-Clerk
City of La Quinta, California