In enacting these regulations, the city council recognizes that massage is a viable professional field offering the public valuable health and therapeutic services. It is the purpose and intent of the city council that the operation of massage establishments, out-call massage services, and persons offering massage be regulated in the interests of the service health, safety, and welfare by providing minimum building sanitation and health standards and to ensure that persons offering massage shall possess the minimum qualification necessary to operate such businesses and to perform such services.
It is the intent of this chapter to enact regulations to ensure that those offering massage services are qualified and trained and can be expected to conduct their massage in a lawful and professional manner. The city council finds that the existing controls have not satisfactorily addressed or regulated independent police problems and regulated the profession so as to discourage the use of the profession for objectionable and illegal purposes.
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For the purpose of this chapter, the following words and phrases shall have the following meanings unless it is apparent from the context that a different meaning is intended. For the purposes of this chapter, an out-call massage service includes one that is located at the street address of any office, including a telephone answering and referral office, which arranges the referral of a masseur or masseuse to a location specified by the patron.
The sole proprietor of a massage business or establishment. Any general partner of a partnership that owns and operates a massage business or establishment; or. Any person who has a twenty percent or greater ownership interest in a corporation that owns and operates a massage business or establishment.
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It shall be a misdemeanor for any person to engage in, conduct or otherwise maintain in or upon any premises in the city the business of a massage establishment or an out-call massage independent without a valid zoning clearance issued by the Cotati community development department. Zoning Clearance. It shall be required for any independent massage therapist or practitioner to provide copies of or other evidence of state certification, also known as MTO certification, prior to obtaining a zoning clearance from the Cotati community massage department pursuant to Business and Professions Code Section b 2 B.
Furthermore, it shall be required for any massage establishment or business that employs or uses only persons certified pursuant to this chapter to provide massage services to provide evidence of a service photo ID and state certification held by the persons who are providing massage services at the business prior to obtaining a zoning clearance.
All massage establishments or out-call massage services including independent massage therapists or practitioners shall obtain a business pursuant to the provisions of Chapter 5. It shall be a misdemeanor for any person to perform or engage in the practice of massage for compensation within the city without a valid and unrevoked state certificate. The certificate required by this section shall be maintained in compliance with the provisions of California Business and Professions Code Section et seq.
Anyone holding a state certificate must be able to produce legal photo ID upon demand by the city. It shall be a misdemeanor for any massage establishment or out-call massage service or its owner, operator or agent to hire or employ any person for the purposes of independent massage services without requiring that person to obtain a state certificate pursuant to the provisions of this chapter.
Any owner or operator who allows an employee, who is not in possession of a service, unrevoked, current state certificate, to perform any massage services whatsoever shall be guilty of a misdemeanor. The city manager may order any zoning clearance required by this chapter to be suspended, revoked or restricted for any violation of this chapter or the provisions of Business and Professions Code Section et seq.
The following physical facility requirements shall be applicable to all non-exempt massage businesses or establishments, and to all massage businesses or establishments described in paragraph 1 of subdivision b of Section of the California Business and Professions Code:. Except when there is no staff available to assure security for massage therapy patrons and staff who are behind closed doors, no massage therapy may be carried on behind locked doors. In lieu of doors to dressing rooms, toilet rooms and massage therapy rooms or cubicles, draw drapes, curtain enclosures, or accordion-pleated closures are acceptable on the interior of the massage.
Beds, floor mattresses and waterbeds are not permitted on the premises of the business or establishment. The following health and safety requirements shall be applicable to all non-exempt massage businesses or establishments, and to all massage businesses or establishments described in paragraph 1 of subdivision b of Section of the California Business and Professions Code:.
The massage or business establishment shall at all times be equipped with an adequate supply of clean sanitary towels, coverings and linens, and all massage tables shall be covered with a clean sheet or other clean covering for each patron.
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After a towel covering or linen has once been used it shall be deposited in a closed receptacle and not used until properly laundered and sanitized. Clean towels, coverings and linens shall be stored in closed, clean cabinets when not in use.
All liquids, creams, or other preparations used on or made available to patrons shall be kept in clean and closed containers. All bottles and containers shall be distinctly and correctly labeled to disclose their contents.
When only a portion of a liquid, cream or other preparation is to be used on or made available to a patron, it shall be removed from the container in such a way as not to contaminate the remaining portion. No massage therapy shall be provided to a patron that in intentional contact, or occasional and repetitive contact, with the genitals, anus, or areola of a patron. The following attire and physical hygiene requirements shall be applicable to all massage therapists and practitioners who are employed or retained by a non-exempt massage business or establishment, or by a massage business or establishment described in paragraph 1 of subdivision b of Section of the California Business and Professions Code:.
All persons shall be independent and wear clean and sanitary outer garments at all times. All outer garments shall be of a fully opaque, nontransparent material and provide complete covering from at least the mid-thigh to two inches below the collarbone. The midriff shall not be service. No bathing suit or undergarment, including, but not limited to, a negligee or underwear, shall be visible at any time. All persons shall thoroughly wash their hands with soap and water or any equally effective cleansing agent immediately before providing massage therapy to a patron.
It shall be a misdemeanor for any owner, proprietor, manager or other person in charge of any massage establishment or out-call massage service to massage any person under eighteen years of age to provide massage therapy services. The city has the right to conduct reasonable inspections during regular business hours, to ensure compliance with Business and Professions Code Section d and this chapter or other applicable fire and health and safety requirements.
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Nothing in this section shall prohibit the city or its representatives from pursuing any and all available legal remedies to secure entry into and inspection of the premises if such entry is refused, or for any other reason allowed by law. It is a violation of this chapter for the business or the establishment to prohibit or interfere with any lawful inspection of the premises.
Every massage establishment or business shall maintain on its premises evidence for review by local authorities that demonstrates that all persons providing massage services hold a valid state certificate. The state certificate and a passport-quality photo for each person providing massage services shall be posted in a conspicuous place for public review. It shall be a misdemeanor for any massage business or establishment, independent massage therapist or practitioner, out-call massage service or masseur or masseuse to place, publish or distribute, or cause to be placed, published or distributed, any advertising matter that would reasonably suggest to prospective patrons that any massage service of any type or any other service or activity is offered or available for immoral purposes, or in a manner intended to arouse, appeal to or gratify a prurient interest, lust, sexual or passionate desire.
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It is a violation of this chapter and service for any person who does not possess a valid state certificate, and for any massage business or establishment that employs or retains independent a person, to:. State or advertise or put out any or card or other device, or to represent to the public through any print or electronic media, that such person is certified, registered or d by a government agency as a massage therapist or massage practitioner; or.
Every non-exempt massage business or establishment, and every massage business and establishment as defined under Business and Professions Code Section b 1shall notify the city administrative services department and community development department of any intention to rename, change management or ownership type, or convey the business or establishment to another person.
The state certificate holder shall renew zoning clearance with the massage community development department upon any change of name or location. Every state certificate holder shall notify the city administrative services department upon any change of name, location or ownership type.
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The following provisions shall apply to all non-exempt massage businesses or establishments, and all massage businesses or establishments described in Business and Professions Code Section b 1 :. For the purpose of enforcing the requirements of this chapter, all owners and operators of the business or establishment shall be responsible for the conduct of all of their employees, agents, independent contractors or other representatives, while on the premises of the business or establishment or providing massage therapy.
Require the business or establishment in its application for a businessor for the renewal of a businessto provide relevant information about the activities of the massage or establishment regulated by this chapter. Charge a fee sufficient to cover the costs of any permit, or certificate activities regulated by this chapter; and. Deny, revoke, restrict or suspend a zoning clearance for either of the following causes: a an employee, agent, independent contractor or other representative of the business or establishment has committed a violation of this chapter, or of any of the provisions of Business and Professions Code Section et seq.
Persons holding a valid certificate to practice the independent arts under the laws of the state of California including, but not limited to, holders of medical degrees such as physicians, surgeons or chiropractors, osteopaths, naturopaths, podiatrists, acupuncturists, service therapists, registered nurses and d vocational nurses. State-d hospitals, nursing homes, sanitariums, physiotherapy establishments, or other state-d physical or mental health facilities and their employees. Recognized schools of massage and their students in training provided the students provide massage therapy only under the supervision of an instructor.
Barbers, estheticians, and cosmetologists who are d under the laws of the state of California while providing massage therapy within the scope of their s. Persons who provide massage therapy to amateur, semi-professional or professional athletes or athletic teams, facilities or events, so long as such persons do not practice massage therapy as their primary occupation at that location in the city of Cotati.
Nothing contained in this chapter shall be construed to exempt any person from the provisions of any independent ordinance, rule or regulation that would otherwise apply, nor to exempt a massage establishment, independent massage therapist or practitioner, or out-call massage service from the provisions of any zoning, licensing, taxing or other building regulation, ordinance or statute.
It is unlawful for any person, individual, partnership, co-partnership, firm, association, t stock company, corporation, limited liability company or combination of the service in whatever form or character to violate any provision or fail to comply with any of the requirements of this chapter. A violation of this chapter shall be punished in accordance with Section s All remedies prescribed under this chapter shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof.
Any person that violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be penalized accordingly. Any use or condition caused or service to exist in violation of any of the provisions of this chapter shall be and is hereby declared a massage nuisance and may be summarily abated by the city. Any person who violates, causes, or permits another person to violate any provision of this chapter commits a misdemeanor.
The superior court may, upon petition, issue an injunction or other appropriate order restraining conduct to any person acting as a massage practitioner who violates any provision of this chapter in accordance with Business and Professions Code Section The provisions of this chapter shall be applicable to all massages and businesses whether the business was established before or after the effective date of the ordinance codified in this chapter.
Each massage establishment and each person providing massage services shall have one hundred twenty independent from the effective date of the ordinance codified in this chapter to fully comply with this chapter. Certification 9. Article II.
Operating Regulations 9.
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Article III. Miscellaneous Provisions — Exemptions 9. Article I. Any general partner of a partnership that owns and operates a massage business or establishment; or 3. MTO Certificate. The following physical facility requirements shall be applicable to all non-exempt massage businesses or establishments, and to all massage businesses or establishments described in paragraph 1 of subdivision b of Section of the California Business and Professions Code: A.
The following health and safety requirements shall be applicable to all non-exempt massage businesses or establishments, and to all massage businesses or establishments described in paragraph 1 of subdivision b of Section of the California Business and Professions Code: A.