21152docs.sandiego.gov/council_reso_ordinance/rao2019/O-21152.pdfSection 2. That Chapter 3, Article...

21152ORDINANCE NUMBER O- (NEW SERIES)

NOV 2 0 2019DATE OF FINAL PASSAGE s

WHEREAS, Chapter 3, Article 3, Division 35 of the San Diego Municipal Code (SDMC)

provides for police regulation and administration of the massage industry; and

WHEREAS, in 2008, the California Legislature passed Senate Bill 731 (2007- 2008 Reg.

Sess.), which implemented a voluntary state certification program for massage therapists where

the California Massage Therapy Council (CAMTC), a non-profit organization, issues

certifications; and

WHEREAS, Senate Bill 731 also exempted massage therapists who are certified by the

CAMTC and massage establishments that employ only CAMTC certified therapists from police

permitting and other regulatory requirements; and

WHEREAS, this caused an increase in the number of massage establishments in

San Diego with no police oversight or regulation, and some areas of the City now exhibit a

significant concentration of these establishments; and

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AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 3, DIVISION 35 OF THE SAN DIEGO MUNICIPAL CODE BY AMENDING SECTIONS 33.3501 AND 33.3502; AMENDING AND RETITLING SECTIONS 33.3503, 33.3504, AND 33.3507; AMENDING SECTION 33.3508; AMENDING AND RETITLING SECTIONS 33.3509 AND 33.3510; AMENDING SECTION33.3511; AMENDING AND RETITLING SECTIONS 33.3512 AND 33.3513; AMENDING SECTION 33.3514; AMENDING AND RETITLING SECTIONS 33.3515, 33.3516, 33.3517, AND33.3518; RETITLING SECTION 33.3521; AMENDING SECTIONS 33.3522 AND 33.3523; AMENDING AND RETITLING SECTIONS 33.3524 AND 33.3525; AMENDING SECTION 33.3526; AND ADDING NEW SECTION 33.3527 ALL RELATING TO MASSAGE.

r 1

WHEREAS, in 2014, the California Legislature passed Assembly Bill 1147 (2013-2014

Reg. Sess.), which authorizes local governments to use their regulatory and land use authority to

ensure the public’s safety, reduce human trafficking, and enforce local standards for the operation

of massage establishments; and

WHEREAS, under Assembly Bill 1147, cities regained broad authority over their ability

to regulate massage establishments, and CAMTC retained authority to regulate massage therapists

who are CAMTC certified; and

WHEREAS, through the proposed amendments in this Ordinance, the City wishes to

exercise its authority under Assembly Bill 1147 to regulate all massage establishments, including

those that employ CAMTC certified massage therapists, and to regulate massage therapists who

are not CAMTC certified; and

WHEREAS, the proposed amendments require all massage establishments to comply with

the human trafficking and antislavery notice requirements of California Civil Code

section 52.6; and

WHEREAS, this Ordinance will take effect on January 1, 2020; NOW, THEREFORE,

BE IT ORDAINED, by the Council of the City of San Diego, as follows:

Section 1. That Chapter 3, Article 3, Division 35 of the San Diego Municipal Code is

amended by amending sections 33.3501 and 33.3502, to read as follows:

§33.3501 Purpose and Intent

It is the purpose and intent of this Division to provide for the orderly regulation of

the business of massage, massage establishments, and massage therapists in the

City of San Diego by establishing certain minimum standards for the conduct of

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these businesses to protect the public health and welfare of the residents of the City

of San Diego.

This Division is adopted pursuant to California Government Code sections 51030

through 51034.

§33.3502 Deflnitions

For purposes of this Division, defined terms appear in italics. The following

definitions apply in this Division:

Massage [No change in text.]

Massage establishment means a fixed place of business where any person engages

in massage.

Massage therapist or massage practitioner means any person who gives or

administers a massage to another person, for any form of consideration.

Off-premise massage therapist business means the business of providing massage

services by appointment at a location other than the premises licensed as a

massage establishment. It includes massage therapists who provide off-premise

massage services and who contract with or work for a business other than a

massage establishment.

Particular anatomical areas through Regulatory body [No change in text.]

Sole practitioner massage establishment means a massage establishment that is

wholly owned by massage therapist or a person who holds a state certification, who

is the only person who provides massage on the premises, who has no employees.

and who does not employ independent contractors.

State certification [No change in text.]

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amended by amending and retitling sections 33.3503, 33.3504, and 33.3507, to read as follows:

§33.3503

It is unlawful for any person to operate or allow the operation of a massage

establishment or a sole practitioner massage establishment without a permit.

§33.3504

Each applicant for a permit to operate a massage establishment or a sole(a)

practitioner massage establishment shall furnish the following information

to the Chief of Police:

(1) through (2) [No change in text.]

The address of the proposed massage establishment or sole practitioner(3)

massage establishment.


Government-issued photo identification such as a California Driver(7)

License, Identification Card, or United States Passport.


(b) [No change in text.]

Permit Required for Off-Premise Massage Therapist Business§33.3507

Unless exempt under section 33.3511, it is unlawful for any person to engage(a)

in or operate an off-premise massage therapist business without an off-premise

massage therapist business permit.

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Massage Establishment or Sole Practitioner Massage Establishment Permit Application Contents

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Permit Required for Massage Establishment or Sole Practitioner Massage Establishment

(b) Any person possessing an off-premise massage therapist business permit is

also permitted to operate as a massage therapist, unless the permittee is

governed by subsection (c).

Any person desiring to operate an off-premise massage therapist business(c)

but who will not provide massage services may obtain an off-premise

massage therapist business permit so long as the following conditions are

met:

The person meets the application requirements for an off-premise(1)

massage therapist business permit except for the education

requirements.

(2) [No change in text.]


amended by amending section 33.3508, to read as follows:

Permit Required for Massage Therapist§33.3508

Unless exempt under section 33.3511, it is unlawful for any person to act as a

massage therapist without a permit. Any person desiring to engage in off-premise

massage must obtain an off-premise massage therapist business permit.


amended by amending and retitling sections 33.3509 and 33.3510, to read as follows:

§33.3509

Each applicant for a massage therapist permit or an off-premise massage therapist

business permit shall furnish the following information to the Chief of Police:

(a) through (e) [No change in text.]

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Massage Therapist Permit and Off-Premise Massage Therapist Business Permit Application Contents

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(f) Government-issued photo identification such as a California Driver

License, Identification Card, or United States Passport.

(g) through (k) [No change in text.]

Proof of successful completion of a massage competency assessment(1)

approved by the regulatory body, if the competency assessment is required

by the regulatory body at the time of the application.

A copy of a valid registration, certification, or license from any other state(m)

approved by the regulatory body.

(n) through (o) [No change in text.]

§33.3510

In addition to the grounds for denial stated in section 33.0305, an application for a

massage establishment permit, sole practitioner massage establishment permit.

off-premise massage therapist business permit, or massage therapist permit shall

be denied for any of the following reasons;

(a) through (c) [No change in text.]

No permit for a massage establishment or a sole practitioner massage(d)

establishment shall be issued if, within the two years immediately preceding

the date of the filing of the application, the permit of a previous owner of a

massage establishment or a sole practitioner massage establishment at the

same address was revoked.



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Grounds for Denial of Massage Establishment Permit, Sole Practitioner Massage Establishment, Off-Premise Massage Therapist Business Permit, or Massage Therapist Permit

§33.3511 Exemptions

(a) through (d) [No change in text.]

This Division does not apply to any massage therapists or massage(e)

practitioners who have state certification.

(f) The exemptions described in this section 33.3511 also exempt any fixed

business location where:

the exempt person as described in section 33.3511(a) through (d)(1)

provides massage services; or

(2) massage is administered

(A) under the direction and control of the exempt person as

described in section 33.3511(a) through (d); and

(B) when the exempt person as described in section

33.3511(a) through (d) is physically present at the location.

(g) through (h) [No change in text.]



Renewal of Massage Therapist Permit§33.3512

Renewals shall be annual in accordance with section 33.0308.(a)

In order to renew a massage therapist or off-premise massage therapist(b)

business permit, the permittee must:

provide proof of twelve hours of continuing education in massage(1)

therapy. The continuing education hours must be obtained from a

facility, school, or organization approved by the regulatory body, and

I

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meet all the requirements of section 33.3509.(2)

Section 33.3512(b) does not apply to off-premise massage therapist(c)

business permit holders described in section 33.3507(c).

§33.3513

A minimum of one toilet and wash basin must be provided for the patrons in(a)

every massage establishment or sole practitioner massage establishment.

Hot and cold running water under pressure must be provided to all wash

basins, bathtubs, showers, and similar equipment. Each wash basin must be

provided with soap or detergent and sanitary towels placed in permanently

installed dispensers. A trash receptacle must be provided in each toilet room.

Clean towels, sheets, and linens must be provided for each patron receiving(b)

massage services. Shared use of towels or linens is prohibited and reuse is

prohibited unless they have been laundered after each use. Heavy white

paper may be substituted for sheets provided that the paper is used once for

each person, then discarded into a sanitary receptacle.

(c) through (h) [No change in text.]

(i) All massage establishments or sole practitioner massage establishments

shall be equipped, maintained, and operated to effectively control the

entrance, harborage, and breeding of vermin, including flies. When flies or

other vermin are present, effective control measures shall be instituted for

their control or elimination.

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Equipment, Cleanliness, and Operating Requirements for MassageEstablishments and Sole Practitioner Massage Establishments

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The external doors of massage establishments may not be locked during0)business hours. This section 33.3513(j) does not apply to sole practitioner

massage establishments.

(k) The massage establishment or sole practitioner massage establishment

shall not be used for residential purposes. Evidence that the premises are

used for residential purposes may include;

Beds or mattresses, other than professional massage tables;(1)

Bedding, such as pillows, blankets, and sheets, other than those(2)

used for professional massage tables;

Sleepwear, including pajamas, nightgowns, and lingerie;(3)

(4) Groceries that require cooking, such as raw meats, poultry, fish, and

grains;

Cookware, utensils, and cooking equipment;(5)

Clothing in an amount that exceeds one change of clothing for each(6)

employee or independent contractor who is present on the premises', or

Personal grooming and hygiene items.(7)

(1) A responsible person shall ensure that every person providing massage on

the premises complies with the provisions of Chapter 3, Article 3,

Division 35.



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§33.3514 Massage Establishment Permit and Posting Requirements; Name Tags

It is unlawful for any responsible person to employ or permit any person to(a)

act as a massage therapist who is not in possession of a valid massage

therapist permit or state certification.

(b) The massage establishment or sole practitioner massage establishment

business permit, public health permit, and a copy of the permit of each

massage therapist working in the establishment shall be displayed in an

open and conspicuous public place on the premises.

(c) Each massage therapist must wear a name tag on their outermost garment

when working in the massage establishment. The name tag must contain

the massage therapist’s name as it appears on the massage therapist permit

or state certification. This subsection 33.3514(c) is regulatory only.


amended by amending and retitling sections 33.3315, 33.3516, 33.3517, and 33.3518, to read as

follows:

§33.3515

It is unlawful for any responsible person to allow the massage establishment(a)

or sole practitioner massage establishment to be open between the hours of

12:00 a.m. and 6:00 a.m. All customers, patrons, and visitors shall be

excluded from the premises during those hours.


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Massage Establishment and Sole Practitioner Massage Establishment Hours and Services

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§33.3516

(a) A responsible person in each massage establishment or sole practitioner

massage establishment shall provide to all patrons sanitary and opaque

coverings capable of covering the patron’s particular anatomical areas. No

common use of the covering shall be permitted, and reuse is prohibited

unless the covering has been laundered after each use. In addition, no

responsible person shall permit a massage Xo be given unless the patron’s

particular anatomical areas are fully covered. This subsection 33.3516(a)

is regulatory only.

(b) No responsible person shall permit any person in any area within the massage

establishment or sole practitioner massage establishment which is used by the

patrons or which can be viewed by patrons from such an area, unless the

person’sparticular anatomical areas are fully covered. This subsection

33.3516(b) does not apply to momentary nudity occurring in bathrooms.

shower areas, or dressing or locker rooms. This subsection 33.3516(b) is

regulatory only.

(c) No permittee shall give a massage or be in any room with a patron unless

the patron’s particular anatomical areas are fully covered with an opaque

covering. This subsection 33.3516(c) is regulatory only.

(d) No responsible person shall permit any person to massage, or intentionally

touch, the particular anatomical areas of another person. This

subsection 33.3516(d) is regulatory only.

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Massage Establishment and Sole Practitioner Massage Establishment Patron’s Particular Anatomical Areas Covered, No Touching, Advisal

No permittee shall massage or intentionally touch the particular anatomical(e)

areas of another person. This subsection 33.3516(e) is regulatory only.

(f) The responsible person and permittee shall ensure that patrons are advised

of section 33.3316(a) through 33.3516(e), prior to treatment. The advisal

may be;


§33.3517

All plumbing and electrical installations in massage establishments and sole

practitioner massage establishments must be installed under permit and inspection

by the Building Inspection Department and such installations shall be installed in

accordance with the Uniform Building Code and the Uniform Plumbing Code as

adopted by this Code.

§33.3518

It is unlawful for any person to engage in off-premise massage services(a)

who is not in possession of a valid off-premise massage therapist business

permit.

(b) The off-premise massage therapist business permit must be displayed in an

open and conspicuous place on the permitted business premises.

Each massage therapist must wear a name tag on their outermost garment(c)

when providing off-premise massage services. The name tag must contain

the massage therapist’s name as it appears on the massage therapist permit

or state certification. This subsection 33.31518(c) is regulatory only.

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Permit and Posting Requirements for Off-Premises Massage Therapist Business; Name Tags

Plumbing and Electrical Requirements for Massage Establishments and Sole Practitioner Massage Establishments


amended by retitling section 33.3521, to read as follows:

Off-Premise Massage Therapist Business Appointment Requirements§33.3521



amended by amending sections 33.3522 and 33.3523, to read as follows:

§33.3522 Operating Requirements for Massage Therapists

No massage therapist, while performing any task or service associated with(a)

the massage establishment, sole practitioner massage establishment, or off-

premise massage therapist business, shall be present in any room with

another person unless the person’s particular anatomical areas are fully

covered. This subsection does not apply to momentary nudity occurring in

bathrooms, shower areas, or dressing or locker rooms. This subsection is

regulatory only.


(c) Each massage therapist must wear a name tag when working as a massage

therapist. The name tag must contain the massage therapist’s name as it

appears on the police permit or state certification. This subsection is

regulatory only.

(d) through (e) [No change in text.]

(f) The permittee shall ensure that patrons are advised of section 33.3522(a)

and section 33.3522(b) prior to treatment. The advisal may be:


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Any off-premise massage business therapist permittee who hires, dispatches(g)

or contracts with other off-premise massage therapists to do off-premise

massage is responsible for ensuring that those massage therapists comply

with all applicable regulations in this Division.

§33.3523

No massage therapist shall wear any of the following while providing massage'.

(a) Attire that is transparent or substantially exposes the massage therapist’s

undergarments;

(b) Swim attire, unless providing water-based massage approved by the

regulatory body, or

Clothing worn in a manner that exposes the massage therapist’s particular(c)

anatomical areas.

This section 33.3523 is regulatory only.



§33.3524

(a) Each massage therapist, massage establishment, sole practitioner massage

establishment, or business permitted under this Division shall include the

number of their police permit in any advertisement of services appearing in

any newspaper, telephone directory, printed advertising medium, or

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The permittee must also make reasonable efforts to prevent criminal activity by the

other massage therapists. In addition to all other grounds, prostitution by such

massage therapists is grounds for revoking the permit.

Massage Therapist Clothing Requirements

Massage Establishment, Sole Practitioner Massage Establishment, Massage Therapist, Off-Premise Massage Therapist Business AdvertisingRequirements

electronic medium. The reference does not have to contain the words

"'police permit." “City of San Diego permit number 1111or similar

language, will suffice so long as the correct police permit number is

included.

(b) through (c) [No change in text.]

§33.3525

A permitted massage establishment or sole practitioner massage establishment

that changes location must conform to all applicable provisions of this Article.



Exemption from Hours of Operation§33.3526

Notwithstanding other sections of this Division, a permittee may seek an exemption

from the limits on the hours of operation for the permittee when there is a special

event, such as an organized New Year’s Eve event or a charitable fund-raiser. The

Chief of Police may grant the exemption if the Chief of Police determines that the

public safety is not at risk.


amended by adding new section 33.3527, to read as follows:

§33.3527 Posting of Public Notice Regarding Slavery and Human Trafficking

It is unlawful for any person engaged in operating a massage establishment or sole

practitioner massage establishment to fail to comply with the posting requirements

of California Civil Code section 52.6.

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Massage Establishment or Sole Practitioner Massage Establishment Change of Location

(0-2020-59)COR.COPY

Section 14. That a full reading of this Ordinance is dispensed with prior to passage, a

written copy having been made available to the Council and the public prior to the day of its

passage.

Section 15. That this Ordinance shall take effect and be in force on January 1, 2020.

APPROVED: MARA W. ELLIOTT, City Attorney

By

By.Deputy City Clerk

Approved:KEVIN L. FAULCONER, Mayor

(date) KEVIN L. FAULCONER, Mayor

(See attached memo and signature page)

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ELIZABETH S. MAL. City Clerk

I hereby certify that the foregoing Ordinance was passed by the Council of the City of San Diego, at this meeting of .

LEE:hmCOR.COPY May s, 2019 Or.Dept: PSE Doc. No.: 2003093 2

E. EastonDeputy City Attorney

(619) 236-6220

December 24,2019DATE:

Stacy Ready, Office of the City ClerkTO:

FROM: City Attorney

Correction to Massage Ordinance (Municipal Code section 33.3522)SUBJECT:

The following changes (provided in strikeout format) need to be made:

§33.3516

A responsible person in each massage establishment or sole practitioner(a)1

massage establishment shall provide to all patrons sanitary and opaque

coverings capable of covering the patron’s particular atomical anatomical

areas. No common use of covering shall be permitted, and reuse is

prohibited unless the covering has been laundered after each use. In

addition, no responsible person shall permit a massage to be given unless

the patron’s particular anatomical areas are fully covered. This

subsection 33.3516(a) is regulatory only.

MEMORANDUM MS 59

Massage Establishments and Sole Practitioner Massage Establishment Patron’s Particular Anatomical Areas Covered, No Touching, Advisal

Office of The City Attorney City of San Diego

In an email dated December 23,2019, it came to our attention that there is a spelling error in Ordinance No. 0-21152, amending Chapter 3, Article 3, Division 35 of the San Diego Municipal Code (Municipal Code). In addition, a paragraph was inadvertently omitted from Municipal Code section 33.3522.

Any off-premise massage business therapist permittee who hires.(g)

dispatches or contracts with other off-premise massage therapists to do off-

premise massage is responsible for ensuring that those massage therapists

comply with all applicable regulations in this Division.

Thank you for your assistance in this matter.

'<-Lara E. EastonBy

Deputy City Attorney

LEE:hmDoc. No.: 2274731

The permittee must also make reasonable efforts to prevent criminal activity bv

the other massage therapists. In addition to all other grounds, prostitution by such


Stacy Ready, Office of the City Clerk December 24, 2019Page 2

MARA W. ELLIOTT, CITY ATTORNEY

___ Z7z7

(0-2020-59)

Section 14. That a full reading of this Ordinance is dispensed with prior to passage, a

written copy having been made available to the Council and the public prior to the day of its

passage.

Section 15. That this Ordinance shall take effect and be in force on January 1, 2020.

APPROVED: MARA W. ELLIOTT, City Attorney

ig Ordinance i NOVI 9-2019

n 130-/*^Approved:(date)

Vetoed: (date) KEVIN L. FAULCONER, Mayor

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I hereby certify that the foregoing Ordinance was passed by the Council of the City of San Diego, at this meeting of NOV'l 9 2019___________ .

ELIZABETH S. MALANDCity Clerk

6k___VIN L. FAOLCONER, Mayor

LEE:hmMay 8, 2019 Or.Dept: PSE Doc. No.: 2003093

By

By Lara E EastonDeputy City Attorney

NOV I 9 2019Passed by the Council of The City of San Diego on by the following vote:

Not Present RecusedCouncilmembers Yeas

Scott Sherman

Vivian Moreno

Georgette Gomez

NOV 2 0 2019Date of final passage

AUTHENTICATED BY:

(Seal)

Deputy

NOV 2019 NOV 2 0 2019and on

(Seal)

By k Deputy

Office of the City Clerk, San Diego, California

21152 Ordinance Number 0-

Nays

□□□□□□□□□

□□□□□□□□□

Barbara Bry

Jennifer Campbell

Chris Ward

Monica Montgomery

Mark Kersey

Chris Cate

I HEREBY CERTIFY that the foregoing ordinance was not finally passed until twelve calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on

□□□□□□&

0□

_________ ELIZABETH S, MALAND_________City Clerk of The City of San Diego, California.

_______ ELIZABETH S, MALAND_________City Clerk of The City of San Diego, California.

________ KEVIN L. FAULCONER_________Mayor of The City of San Diego, California.

I FURTHER CERTIFY that said ordinance was read in full prior to passage or that such reading was dispensed with by a vote of five members of the Council, and that a written copy of the ordinance was made available to each member of the Council and the public prior to the day of its passage.

✓

0,004 zf0

STRIKEOUT ORDINANCE

ORDINANCE NUMBER O- (NEW SERIES)

DATE OF FINAL PASSAGE

Article 3: Police Regulated Business Regulations

Division 35: Massage Business and Massage Therapists

§33.3501 Purpose and Intent

It is the purpose and intent of this Division to provide for the orderly regulation of

the business of massase. massaee establishments, and massage therapists in the

City of San Diego by establishing certain minimum standards for the conduct of

this type of these businesses to protect the public health and welfare of the

residents of the City of San Diego.

This Division is adopted pursuant to Chapter 6, Part I of Division I of Title 5

California Government Code (sections 51030 through 51034) of the California

Government Code.

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AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 3, DIVISION 35 OF THE SAN DIEGO MUNICIPAL CODE BY AMENDING SECTIONS 33.3501 AND 33.3502; AMENDING AND RETITLING,SECTIONS 33.3503, 33.3504, AND 33.3507; AMENDING SECTION 33.3508; AMENDING AND RETITLING SECTIONS 33.3509 AND 33.3510; AMENDING SECTION 33.3511; AMENDING AND RETITLING SECTIONS 33.3512 AND 33.3513; AMENDING SECTION 33.3514; AMENDING AND RETITLING SECTIONS 33.3515, 33.3516, 33.3517, AND 33.3518; RETITLING SECTION 33.3521; AMENDING SECTIONS 33.3522 AND 33.3523; AMENDING AND RETITLING SECTIONS 33.3524 AND 33.3525; AMENDING SECTION 33.3526; AND ADDING NEW SECTION 33.3527 ALL RELATING TO MASSAGE.

OLD LANGUAGE: Struck OutNEW LANGUAGE: Double Underline

Definitions§33.3502

For purposes of this Division, defined terms appear in italics. The following

definitions apply in this Division:

Massage [No change in text.]

Massage establishment means a fixed place of business where any person verson

Massage therapist or Mmassage practitioner means any person who gives or

administers a massage massage to another person, for any form of consideration

whatsoever.

Off-premise massage therapist business means the business of providing massage

services by appointment at a location other than the premises licensed as a

massage establishment. It includes massage therapists who provide off-premise

massage services and who are self- employed and/or who contract with or work

for a business other than a massage establishment establishment.

Particular anatomical areas through Regulatory body [No change in text;]

Sole practitioner massaee establishment means a massage establishment that is

wholly owned bv a massage therapist or a verson who holds a state certification

who is the only person who provides massaee on the premises, who has no

employees, and who does not employ independent contractors.

State certification [No change in text.]

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§33.3503

It is unlawful for any person to operate or allow the operation of a massage

establishment or a sole practitioner massage establishment without a police

permit.

§33.3504

Each applicant for a permit to operate a massage establishment or a sole(a)

practitioner massage establishment shall furnish the following information

to the Chief of Police:


(3) The address of the proposed massage establishment or sole

practitioner massage establishment.


Photographs of the-applicant as specified by the Chief of-P-&liee:(7)

Government-issued photo identification such as a California Driver

License. Identification Card, or United States Passport.



Permit Required for Off-Premises Massage Therapist Business§33.3507

Unless exempt under section 33.3511. lit is unlawful for any person to(a)

engage in^ or operate an off-premise massage therapist business without

an off-premise massage therapist business peUee permit.

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Permit Required for Massage Establishment or Sole Practitioner Massage Establishment

Massage Establishment or Sole Practitioner Massage Establishment Permit Application Contents

Any person possessing an off-premise massage therapist business permit(b)

is also permitted to operate as a massage therapist, unless the permittee is

governed by subsection (c).

Any person desiring to operate an off-premise massage therapist business(c)

but who will not provide massage services may obtain an off-premise

massage therapist business permit so long as the following conditions are

met:

The person meets the application requirements for an off-premise(1)

massage therapist business permit except for the education requirements.

[No change in text.](2)

Permit Required for Massage Therapist§33.3508

Unless exempt under section 33.3511. fit is unlawful for any person to act as a

massage therapist without a permit. Any person desiring to engage in off-premise

massage must obtain an off-premise massage therapist business permit.

§33.3509

Each applicant for a massage therapist permit or an off-premise massage therapist

business permit shall furnish the following information to the Chief of Police:

(a) through (e) [No change in text.]

(f) Photographs of the applicant as specified by the Chief of Police.

Government-issued photo identification such as a California Driver License.

Identification Card, or United States Passport.

(g) through (k) [No change in text.]

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Massage Therapist Permit and Off-Premise Massage Therapist Business Permit Application Contents

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Proof of successful completion of a national certification exam(1)

administered by a national professional certification organization massase

competency assessment approved by the regulatory body, if the

competency assessment is required bv the regulatory body at the time of

the application.

A copy of the national certification credential issued by a national professional(m)

certification organization-approved bv the regulatory body a valid registration

certification, or license from any other state approved bv the regulatory body.

(n) through (o) [No change in text.]7

§33.3510

In addition to the grounds for denial stated in section 33.0305, an application for a

massage establishment permit, sole practitioner massage establishment permit.

off-premise massage therapist business permit, or massage therapist permit shall

be denied for any of the following reasons:


No permit for a massage establishment or a sole practitioner massage

establishment shall be issued if, within the two years immediately preceding

the date of the filing of the application, the permit of a previous owner of a

massaee establishment or a sole practitioner massage establishment at the

same address was revoked,

Exemptions§33.3511

(a) through (d) [No change in text.]

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Grounds for Denial of Massage Establishment Permit, Sole Practitioner Massage Establishment. Off-Premise Massage Therapist Business Permit, fli Massage Therapist Permit

This Division does not apply to any massage therapists or massage(e)

practitioners operating-under-a-vatid-gtote-eerhy?cato who have state

certification.

The exemptions described in this section 33.3511 also exempt any fixed(f)

business location where:

the exempt person as described in section 33.35131(a) through (d)(1)

provides massage services; or

massage is administered(2)

(A) under the direction and control of the exempt person as

described in section 33.35131(a) through (d); and

when the exempt person as described in section 33.35131(B)

(a) through (d) is physically present at the location;-eF,

the massage establishment employs or uses only persons who hold(3)

a valid state certificate, provided however, that such

sball-not-be exempted-fi=em this Division if Chapter

■10;5-ef-the California Business and Professions Code relating to

massage therapy is repealed.

(g) through (h) [No change in text.]

§33.3512 Renewal fw= gf Massage Therapist Permit

Renewals shall be annual in accordance with section 33.0307^(a)

Additionally, ijn order to renew a massage therapist or off-premise(b)

massage therapist business permit, the permittee must;

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provide proof of twelve hours of continuing education in massage0)therapy. The continuing education hours must he obtained from a

facility, school^ or organization approved by the regulatory body

providing-oversight to professionals pursuant to Chapter 10.5

of the California Business and Professions Code.; and

meet all the requirements of section 33.3509£21Additionally, the perw/Yfoc must show proof that the permittee’s national

certifreation credential is current. Proof from any national certification

organization recognized by the regulatory body providing oversight-te

fflfl55flge-professionals pursuant to Chapter 10.5 of the California Business

and Professions Code is sufficient.

fd^fcl Section 33.35142(b) and (o) dogs not apply to off-premise massage

therapist business permit holders described in section 33.3507(c).

§33.3513

A minimum of one tub or shower and one toilet and wash basin must be(a)

provided for the patrons in every massage establishment', however, if male

and female patrons are served, separate toilet facilities shall be provided fer

male and female patrons or sole practitioner massage establishment. Hot

and cold running water under pressure must be provided to all wash basins.

bathtubs, showers, and similar equipment. Each wash basin must be

provided with soap or detergent and sanitary towels placed in permanently

installed dispensers. A trash receptacle must be provided in each toilet room.

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Equipment; ft»d Cleanliness, and Operating Requirements for Massage Establishments and Sole Practitioner Massage Establishments

Clean and sanitary towels, sheets, and linens must be provided for each(b)

patron receiving massage services. Shared use of towels or linens is

prohibited and reuse is prohibited unless they have been firsH=elaundered

after each use. Heavy white paper may be substituted for sheets provided

that sueh the paper is used once for each person, then discarded into a

sanitary receptacle.

(c) through (h) [No change in text.]

All massage establishments or sole practitioner massage establishments(i)

shall be so equipped, maintained, and operated as to effectively control the

entrance, harborage, and breeding of vermin, including flies. When flies or

other vermin are present, effective control measures shall be instituted for

their control or elimination.

The external doors of massage establishments may not be locked duringmbusiness hours. This section 33.3513(i) does not apply to sole practitioner

massage establishments.

The massase establishment or sole practitioner massage establishment

used for residential purposes mav include:

Beds or mattresses, other than professional massage tables:

Bedding, such as pillows, blankets, and sheets, other than those£21used for professional massaee tables:

Sleepwear, including pajamas, nightgowns, and lingerie:£21

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£U

Groceries that require cooking, such as raw meats, poultry, fish.£41

and grains;

01 Cookware, utensils, and cooking equipment;

Clothing in an amount that exceeds one change of clothing for01

each employee or independent contractor who is present on the

premises', or

£21 Personal grooming and hygiene items,

A responsible person shall ensure that eyery person proyiding massage on the

premises complies with the proyisions of Chapter 3. Article 3. Diyision 35.

Massage Establishment and Permit and Posting Requirements; Name Tags§33.3514

It is unlawfill for any responsible person to employ or permit any person(a)

person to act as a massage therapist who is not in possession of a yalid

massage therapist permit or state certification.

(b) The massage establishment or sole practitioner massage establishment

business permit, public health permit, and a copy of the permit of each

massage therapist working in the establishment shall be displayed in an

open and conspicuous public place on the premises.

Each massage therapist must wear a name tag on their outermost garment£c)

when working in the massage establishment. The name tag must contain the

massase therapist’s name as it appears on the police permit massage

therapist permit or state certification. This subseetiouj subsection-33.3514(c);

is regulatory only.

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§33.3515

It is unlawful for any responsible person to allow the massage establishment(a)

or sole practitioner massage establishment to be open between the hours of

12:00 a.m. and 6:00 a.m. All customers, patrons^ and visitors must shall be

excluded from the premises during those hours.


§33.3516

A responsible person in Beach massaee establishment or sole practitioner(a)

opaque coverings capable of covering the patron's particular anatomical

areas. No common use of such the covering shall be permitted, and reuse

is prohibited unless the covering has been laundered after each use. In

addition, no responsible person shall permit a massage to be given unless

the patron is natron’s particular anatomical areas are fully covered by the

covering provided by the establishment. This subsection 33.3516fa') is

regulatory only.

(b) No responsible person shall permit any persofl person in any area within

the massage establishment or sole practitioner massage establishment

which is used by the patrons or which can be viewed by patrons from such

an area, unless the person’s person’s particular anatomical areas are fully

covered.

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Massage Establishments and Sole Practitioner Massage Establishment Patron’s Specified Particular Anatomical Areas Covered, No Touching, Advisal

Massage Establishment and Sole Practitioner Massage Establishment Hours and Services

massaee establishment shall provide to all patrons clean, sanitary and

This subsection 33.3516(b) does not apply to momentary nudity^ occurring

in bathrooms, shower areas, or dressing or locker rooms. This subsection

33.3516(b) is regulatory only.

No permittee shall give a massage or be in any room with a patron unless(c)

the patron’s particular anatomical areas are fully covered with an opaque

covering. This subsection 33.3516(c) is regulatory only.

(d) No responsible person shall permit any person person to massage, or

intentionally touchy the particular anatomical areas of another person.

This subsection 33.3516(d) is regulatory only.

No permittee shall massage or intentionally touch the particular anatomical(e)

areas of another person person. This subsection 33.3516(e) is regulatory

only.

(f) The responsible person and permittee shall insure ensure that patrons are

advised of section 33.3316(a) through 33.3516(e), prior to treatment. The

advisal may be:


§33.3517

All plumbing and electrical installations in massage establishments and sole

practitioner massage establishments must be installed under permit and

inspection by the Building Inspection Department and such installations shall be

installed in accordance with the Uniform Building Code and the Uniform

Plumbing Code as adopted by this Code.

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Plumbing and Electrical Requirements for Massage Establishments and Sole Practitioner Massage Establishments

§33.3518

It is unlawful for any person to engage in off-premise massage services(a)

who is not in possession of a valid off-premise massage therapist business

permit.

(b) The off-premise massage therapist business permit must he displayed in an

open and conspicuous place on the licensed permitted business premises.

(c)

outermost garment when providing off-premise massage services. The

name tag must contain the massage therapist’s name as it appears on the

police permit massage therapist permit or state certification. This

is regulatory only.^5 3

Off-Premise Massage Therapist Business Appointment Requirements§33.3521


Operating Requirements for Massage Therapists§33.3522

No massage therapist, while performing any task or service associated with(a)

the massage establishment, sole practitioner massage establishment, or off-

premise massage therapist business, shall be present in any room with

another person unless the person’s particular anatomical areas are fully

covered. This subsection does not apply to momentary nudity occurring in

bathrooms, shower areas, or dressing or locker rooms. This subsection is

regulatory only.


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Permit and Posting Requirements for Off-Premises Massage Therapist Business; Name Tags

Each permittee massage therapist must wear a name tag on their

Each massage therapist must wear a name tag when working as a massage(c)

appears on the police permit or state certification. This subsection is

regulatory only.

(d) through (e) [No change in text.]

yhe permittee shall insure ensure that patrons are advised of section 33.3522(a)(f)

and section 33.3522(b) prior to treatment. The advisal may be:


Any off-premise massage business therapist permittee who hires, dispatches(g)

or contracts with other off-premise massage therapists to do off-premise

massage is responsible for ensuring that those massage therapists comply

with all applicable regulations in this Division.

§33.3523

responsible /?er5W?-shajl-pennit any massage therapist to be on the

premises during its hours of operation while performing or available to

perform any task-or servicfr-associated with the operation of a massage

business, unless the massage therapist is folly covered from a point not to

exceed four inches above the center of the kneecap to the base of the neck

excluding the arms, with the following exception: shorts may be worn so

long as they extend down the leg a minimum-of three inches from the

crotch and the-body above that point is folly covered-to-the base of the

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The permittee must also make reasonable efforts to prevent criminal activity by

the other massage therapists. In addition to all other grounds, prostitution by such


Massage Therapist Clothing Requirements

therapist. The name tag must contain the massage therapist’s name as it

neck, excluding the arms. The covering, which includes trousers, pants or

shorts, will be of an opaque material and will be maintained in a clean and

sanitary condition; No massage therapist shall wear any of the following

while providing massaee'.

Attire that is transparent or substantially exposes the massage therapist’s

Swim attire, unless providing water-based massage approved by the

regulatory body, or

Clothing worn in a manner that exposes the massaee therapist’s particular£el

anatomical areas.

This subsection 33.3523 is regulatory only.

(c) No permittee shall engage in any service or task in the presence of any patron

unless the person is fully covered from a point not to exceed four inches

above the center of the kneecap to the base of the neck, excluding the arms.

with the following-exception: shorts may be wom so long as they extend

down the leg a minimum of three-inches from the crotch and the body above

that point is fully covered to the base of the neck, excluding the arms. The

covering, which includes trousers, pants, or shorts, will be of any opaque

material and will be maintained in a clean and sanitary condition. This

subsection is regulatory only.

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§33.3524

Each therapist massage therapist, massaee establishment, sole practitioner(a)

shall include the number of their police permit in any advertisement of

services appearing in any newspaper, telephone directory, printed advertising

medium, or electronic mediaum. The reference does not have to contain the

words "'‘police permit." “City of San Diego permit number 1111,” or similar

language, will suffice so long as the correct police permit number is included.

(b) through (c) [No change in text.]

§33.3525

that changes location must conform to all applicable provisions of this Article.

§33.3526 Exemption from Hours of Operation

Notwithstanding other sections of this Division, a permittee may seek an exemption

from the limits on the hours of operation for the permittee when there is a special

event, such as an organized New Years Year’s Eve event or a charitable fund-raiser.

The Chief of Police may grant the exemption if the Chief of Police determines that

the public safety is not at risk.

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Massage Establishment. Sole Practitioner Massage Establishment. Massage Therapist, Off-Premise Massage Therapist Business AdvertisingRequirements

Massage Establishment or Sole Practitioner Massage Establishment Change of Location

1

S33.3527 Posting of Public Notice Regarding Slavery and Human Trafficking

It is unlawful for anv person engaged in operating a massage establishment or

sole practitioner massaee establishment to fail to comply with the posting

requirements of California Civil Code section 52.6,

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LEE:hmCOR.COPY Mays, 2019 Or.Dept: PSE Doc. No.: 2003088 2

21152docs.sandiego.gov/council_reso_ordinance/rao2019/O-21152.pdfSection 2. That Chapter 3, Article...

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Transcript of 21152docs.sandiego.gov/council_reso_ordinance/rao2019/O-21152.pdfSection 2. That Chapter 3, Article...