Ordinance 1606• Ordinance No. 1606 •
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADDING CHAPTER
9.06 TO TITLE 9 HEALTH AND SANITATION OF THE CUPERTINO hIUNICIPAL CODE
REGULATION OF MASSAGE ESTABLISHMENTS AND SERVICES.
The City Council of the City of Cupertino does hereby ordain that Chapter 9.06 is added to the Cupertino Municipal
Code as follows:
Section 1: Purpose.
It is the purpose and intent of this chapter to provide for the orderly regulation of massage therapists and massage
establishments as defined in this chapter in the interest of public health, safety and welfare by providing certain
minimum qualifications for the operators of massage establishmrnts, massage therapists, and massage therapist
trainees. This chapter is adopted based on the following findings:
1.1. That the City of Cupertino has recognized the field of massage therapy as a viable professional field.
1.2. That the City of Cupertino wants to recognize and respell professional massage therapy organisations and
qualified professiamals.
1.3. The City of Cupertino also finds that the rules and regttlatioms as developed in this Chapter strive for equality
of all massage organizations and thttapists while attempting to Prevent serious objectionable characteristics
which massage parlor establishments tmay have created is the past.
It is intended that massage therapy is a profession of the healing arts and subject to all zoning ordinances and
regulations as may be required for professional uses.
It is a'.o intended that massage uses not regulated or exempted by this Chapter are considered massage parlors thus
r;grrlated by the provisions in Chapter 19.24 regulating Adult Orirnted Commercial Activities.
Section 2: Definitions.
For the purpose of this chapter, unless the context clearly requira a different meaning, the words are termed and
phrased as set forth in this section and shall have the meaning given them in this section:
2.1. L1S~ means a license to operate a rnassage establishment as trquirod by this chapter.
2.2. j4tassa¢e Establishment tneanv any licensed establishment having a fixed place of business where any
individual, firm, association, partnership, corporation, joiffi venture, or a combination of individuals engages
in, conducts, carries on or permits to be engaged m, cotrdtrcted or carried on for consideration, massages or
health treatments involving rmassages as Primary functions.
2.3. means any method of prasute on or friction against or stroking, Irneading, rubbing, taPP~&
pounding, vibrating or stimulating the external parts of the human body with the hands or with any mechanical
or electrical apparatus or other appliances or devices with or without such supplementary aides as rubbing
alcohol, liniment, antiseptic, oil. powder, cream, lotion, ointmerrt or other similar preparations.
2.4. M~az ge'TheraQist or Masggge Therap' rain meazu any person who has been granted a Permit pursuant
to this chapter and administer massages, baths or health treatments involving massages or baths as the
principal function to another person for any compensation whatsoever, and meeting the certain requirements
established by this chapter.
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2.5. Perms means a permit to engage in activities of a massage therapist or massage therapist trainee as required b}' i
this chapter.
2.6. pgrson means any individual, fimr, association, partnership, corporation, joint venture, or combination of
individuals.
2.7. Recognized School of Massage means any school or institute of Icaming which;
2.7.1. Teaches theory, ethic, practice, profession and work of massage,
2.7.2. Requires a residrnce cause study before the studrnts shall be famished with a diploma or certificate of
graduation from such school or inutitution of learning following the successful compietion of such course of
study or Icaming, and,
2.7.3. Has been approved pursuant to California Education Code Section 29025 or, if said schon-,;r `~^~'
California, has complied with standards commensurate with those required in said Beefier 29025.
2.7.4. My school or institution of teaming offering or allowing correspondrna course credit not requiring actual
attendance at class, or courses of massage therapy not approved by the California Department of Education
shat: not be deemed a recognized school of massage.
Section 3: Exemptions.
A massage establishment license shall not be required for the following persons while engaging in the performance of
the duties of their respective professioru.
3.1. Physicians, surgeoms, chiropractor, osteopaths who are duly licensed to practice thou respective professions in
the state of California while performing activities encompassed by such professional licenses.
3.2. Massage therapists and massage therapist trainers while performing massage in the offices of a licensed
physician, surgeon, chiropractor, or osteopath and wfiile under the direct supervision and medical
recommrndation of such Gcrnsed medical professional. .
3.3. Nurses or physical therapists who are duly licensed to practict their professions in the stau of California while
performing activities encompassed by such professional licenses.
3.4. Trainers of any amateur, semi-profrssional or professional atlilete or athletic team.
3.5. Barbers or cosmetologists who are duly licensed under division six of the State of California Business and
Professions Codes on performing a massage within the scope of the license and for which no separate or
increased prices are charged.
3.6. Massage therapists who perform massages which are clearly incidrnW to the operation of a personal fitness
training center, gymnasium, or health club may be permitted through the use pemrit for those opcrstions as
required in chapter 19.12 and 19.16 of the Cupertino Municipal Code. The massage therapist described in this
category will be required to obtain a massage therapist permit as set forth in this chapter.
3.7. This chapter shall not apply to individuals administering massages or health treatmrnt involving a massage to
persons participating in singular occurrent recreational evettts Provided the following conditioru are met:
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3.7.1. M1tassage services are made equally available to all participanu in the event.
3.7.2. The event is open to participation by the general public or significant segment of the public such as
employees of sponsoring or participating corporations.
3.7.3. The massage services arc provided at the site of the event in either during, immediately preceding or
immediately following the even.
3.7.4. The sponsors of the event gave ban advised of and have approved the provisions of massage services.
3.7.5. The persons providing the massage services are not the primary sponsors of the event.
Section 4: MassaEe Establishment License Required.
It is unlawful for any person to engage in, conduct or carry on in or upon any premises within the City the operation
of a massage establishmrnt without a massage establishmrnt licetue obtained from the Ciry Manager. Tn addition to a
city business license, a separate establishment license shall be obtained for each separate tttassage establishment
operated by such persons. A massage establishment licenc shall be issued to any person who has complied with the
requirements of this chapter and all other applicable provisions of this code unless grounds for denial of such -icensc
exist. The possession of a valid massage establishment license does not authorize the possessor to perform work for
~~hich a massage therapist permit or massage therapist trainee permit is required.
Section 5: Application for htasta¢e Establishment License.
Any person desiring a license to operate a massage establishment shall submit an application to the City Alanager.
Within 30 working days following receipt of the completed application, the City btanager shall either issue the permit
or mail a written staumrnt of the reason for denial thereof by certified mail. The application shall set forth the exact
naturo of the massage, bath or health treatmrnt to be administered, location of the proposed place of business and
facilities therwf, and the name and address of each applicant. The City Manager tnay request the applicant to
furnish fingerprints whrn Waded for the purpose of establishing identification or criminal record. In addition, any
applicant shall famish the following information:
5.1. The previous addras of applicant for a period of thra years irtuttediately prior to the date of the application
and the dates of each residence.
5.2. Written proof that the applicant is at least 18 yeah of age.
5.3. Business, occupation or employment history of the applicant for throe yeah immediately preceding the date of
application.
5.4. If the applicant is a corporation, the names of the corporation shall be set forth exactly as shown in its articles
of incorporation together with names and resident addresses of each of the officers, directors and each stock
holder holding more than 5% of the stock of the corporation. If the applicant is a partnership, the application
shall set forth the name and raidence address of each of the partners including limited partners. If one or more
of the parmers is a corporation, the provision of this section pertaining to a corporate applicant shall apply.
5.5. Such other information as may be domed necessary by the City Manager.
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Section 6: Massage Establishment License Application Fee.
Any application for a license to operate a massage cstablishmrnt shall be accompanied by a non-reRtrtdable fee, as
established by resolution of the City Council. The application fee shall be used to defray the cost of investigation and
repot, and is not made in lice of any other fees or taxes required by the Cupertino Municipal Code.
Section 7: Massage Establishment License -Grounds for Denlal.
A massage establishmrnt license may be denied by the City Manager if one or more of the following are found:
7. I . That the applicant made a material misstatement in the application for a license .
7.2. That the applicant or any ofiiesrs or directors of the applicant has within five yeah immediately preceding the
date of filing the application ban cwtvicted im a court of competent jurisdiction of an offatse involving conduct
which roquires registration under California Penal Code Section 290 or any violations of Section 3l 1 through
3l 1.7, 313.1, 314, 315, 316, 3l8 or 647a, 6476, 647d, or 647h of the California Penal Code or of any offense
involvittR theft of property or violates.
7.3. That rho operation of a massage estab6slunent as P*~sed by ~ aPPfi~• if P~~. would not comply
with all applicable laws including but not limited to all City ordinances and regulation.
7.4. That the operation of the proposod massage establishrttent is likely to be a hindrance to the health, safety,
welfare or interest of the people of the Ciry.
7.5. That the applicant is lacking in the background qualification to conduct a bon 5de massage establishment.
7.6. That the applicant has violated any provision of this chapter or any simihtr law, rote, or regulation of another
public agency which regulates the operation of ntauage establishments.
Section 8: Massage Establishment Employes.
It shall be unlawful for any liceaud massage establishmrnt to allow arty employee to perform massage, bath or
health treatment for any cartpauation unless the employs holds a massage therapist permit or tttassage trains
pernit.
Section 9: Massage Therapist Permit Appliadon Fee and Renew~aL
Any application for a massage therapist pt:mtit shall be accompanied by a non rcfitrtdable fa as established by
resolution of the Ciry Council. A massage therapist permit shall be reacwed every 5ve years and a renewal fa shall
be paid. The application fa shall be used to defray the cost of investigation adi report, a~ is not made in lieu of
any other fas or taxes required by the Cupertino Municipal Code.
Any qualified massage therapist who applies for a massage establishnteat GcetLte shall mot be required to pay the fee
required in this saliva but shall bo rcquiral to famish the mattrials, infomuttiat arxi foes set forth in section 10 and
11.
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Section 10: Massage Therapist Permit.
A massage therapist permit shall be issued to a person who meets the following criteria:
10.1. Is a member in good standing of a state or nationally chartered organisation devoted to the massage specialty
and therapeutic approach.
10.2. [-lace completed oae of the following requirements:
10.2.1. Five hundred hours of instruction in a massage specialty and therapeutic approach at a recognized school
of massage.
10.2.2. Two hundred filly hours of such instruction and an additional S00 documented hours of practical
experience in a massage specialty and therapeutic approach in ono or a cortrbination of the following:
A) A primary office of and under the direct supervision of a medical professional licensed by the State of
California. Specifically a physician, surgeon, chiropractor, osteopath, physical therapist or nurse,
while such medical professional is perforning activities rncompazsed by such license and is
physically oa the premises where the massage therapy is being administered.
B) Coruirtuing education clazses or seminars in the field of trtazsage therapy offered by a recognized
schoo! of massage.
C) As a permitted massage therapist trainee working under direct supervision of a permitted massage
therapist.
10.2.3. lies passed an independently prepared and administered national certification exam which has ban
recogttized by objective standardv to fairly evaluate professional level, skill, safety and competence as
determined by the National Commission for Certifying Agencies (NCCA).
Section 11: Application for a Massage Therapist Permit.
Any person desiring a permit to act as a massage therapist shall submit an application to the City Manager. Within
30 working days following receipt of a completed application, the City Manager shall either issue the permit or mail
a written statement for the reasons for denial thereof by certified mail. If the City Manager takes neither action the
permit shall be deemed to be issued. The Ciry Manager may request the applicant to Punish fingerprints when
needed for the purpose of establishing identification.
In addition the applicant shall furnish the following information;
11.1. Name, resident addras, telephone number, social security number, and drivers license number.
l 1.2. Written evidrnce that the applicant is at least 18 years of age.
11.3. Business occupation, or employment of the applicant for the three years immediately preceding the date of
application.
11.4. The name and address of the establishmrnt where the applicant is to be employed and the name of the o~~ner
and/or operator of the same. A massage therapist granted a pemit pursuant to this section must report a
change in massage establishment employmrnt within five days of said change.
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1 I.S. The narno and address of a recognized school of massage attended, the date attended and a copy of the diploma
or certificate of graduation awarded the applicant, showing completion of not fewer than S00 hours of
instruction or written and verified proof that the applicant has at least S00 hours experience in professional
work and method of massage as of the effective date of the ordinance.
11.6 The came, address and phone number of the state or nationally chartered organization devoted to a massage
specialty and therapeutic approach.
Section 12: Massage Tberapist Trainee Permit AppGcatiou Fee and ltenew~al.
Any application for a massage therapist trainee permit shall be accompanied by a non refundable foe as established
by resolution of the City Council. A massage therapist ttairtee pemtit shall be valid for etr-e year as required by
Section l6. If renewal is requested, a renewal fa shall be paid. The application fa shall be used to defray, in part,
the cost of investigatiem and report, and is not made in lieu of any other fees or taxes requirai by the Cupertino
Municipal Code.
Section 13: Massage Therapist Trains Pern-it.
A massage therapist trains permit may be issued to a person who is currently enrolled si a recognized school of
massage for instruction in the massage specialty and therapeutic approach and who has csnplcted at least 100 hours
of instruction.
Section 14: Applieation for Massage Therapist Trainee Permit.
Any person rksiring a permit to act as a massage therapist trainee shall submit an application to the City Manager.
Within 30 working days following the rexeipt of a exmtplextd application, the City Maoaget shall other issue the
permit or mail a written statement of the reasons for denial thereof by certified mail. If the .City Manager takes
neither action the permit shall be deemed to be issued A rnaasage therapist trairue permit shall be issued to any
person who;
14.1. lies fulfilled the roquiranatts of SexKion 11, and;
14.2. Who produces written proof that the applicant is carnally enrolled in a t~xogrtized school of message as
definexk in this chapter, the date of application enrolled in the school of massage and the scheduled
date of gradualist, and;
14.3. liar completed at least 100 hairs of instruction and the date this iaswction was completed provided that the
applicant submits a lexter signed by the owrur or manager of a licensed massage estabtiskunrnt stating the
immediate intent to employ the applicant to elo massage as a trainee worfortg uneler the direct supervision and
control of a massage therapist who has received a permit under the provisions of this chapter.
Section 15: Annual Medical E:amination for MaasaYe Therapist and Trainees.
IS.I. Any person who has ban issued a massage therapist or massage therapist trainee peatnit shall file with the City
Manager each year within thirty days of the anniversary date of the issuance of the permit an updated
certificate from a mrdical dolor stating that the permitter, has within thirty days irnmexliately prior to the
filing of the certificau, ban examined and been found to be fro of any exxrtagiow or communicable disease
capabk of being transmitted to the public or fellow employes by the type of conduct and interaction with the
public and fellow employees involved in the performance of conducting a massage.
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15.2. It shall be unlawful for any person who has neglected, failed, or refused to file a certificate required by
subsection 15:1 to act as a massage therapist or massage therapist trainee. Failure to submit the required
certificate shall be grounds for rwocation of the pemvt.
SECTION 16: Massage Therapist Trainee Scope of Employment
The Trainee permit shall allow students to work in a massage establishmrnt under the sepervision and direction of a
massage therapist who has received a pemtit issued under the provisions of this chapur provided, however, no
licensed massage therapist shall be permitted to supervise more than four persons issuod'a trained permit. A trainee
permit shall expire one year from the dau of issuance and shall not be renewed unless good cause is shown by the
applicant for such renewal. The trainee must at all times comply with the laws relating to massage establishments.
The failure to comply tnay mtder the trainee ineligible to obtain a massage therapist permit. Any massage therapist
trainee who during the life of a trainee pemtit completes the insWetion required for a tnassago therapist shall be
issued a massage therapist permit.
SECTION 17: Massage Therapist, Massage Therapist Trainee Permit Grounds for Denial
It is unlawful for any person to act as massage therapist or massage therapist trainee unless such person holds a valid
pcrntit issued by the City Manager. The massage therapist or massage therapist trainee pemtit shall be issued to any
person who has fulfilled the rrquiremertt~ of this Chapter and all applicable provisions of this code artless grounds for
drnial of such pcnnit arc found to exist. The City Manager may dewy a permit if one or more of the following are
found:
17.1. That the applicant has made a material misstatement in the application for a permit.
17.2. That the applicant has within three years intrMdiately prtxedutg the dau of the filing of the application been
convicted in a court of corttpetettt jurisdiction of offense involving conduct which requires registration under
Califomia Penal Code Section 290 or any violations of Sections 311 through 311.7, 313.1, 314, 315, 316,
3 l8, or 647a, 647b, 647d, or 647h of the California Penal Code or of any offeme involving theft of property or
violence.
17.3. That the issuance of a permit is likely to be a hindrance to the health, safety, welfare or the inurest of the .
people of the City.
17.4. That the applicam is lackutg in the background quaGfigtioas to ad as a massage therapist or massage
therapist trainee.
17.5. That the appGt~rtt has viohtted arty provision of this chapter or arty similar ordinance, law, rule or regulation of
another public age»ry which rsgulates the operation of massage establishrrxnts or massage technicians.
Section 18: Suspension or Revocation -Grounds.
Any license or permit issued under this chapter may be suspended or revoked by the City Manager for any reason
which would justify the rcfirsdi to gram a GtxnSe or permit originally.
Section 19: Suspension or Revocation -Notice -Hearing.
The holder of the license or permit shall be given prompt notice of revocatiaa or suspension of rite litxnse or permit
and shall immediately desist from engaging in the activity. The notice shall fix a time and place, not less than five or
more than thirty days after smite thereof; at which time the holder of the licetue or permit tray appear before the
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•' City Manager and be granted a hearing upon t}re merits of said suspension or revocation. If after such hearing the
said license or permit is ordered revoked, the holder shall have the right to appeal such action to the City Council in
accordance with section 20 of this title.
Section 20; Appeal.
Any person whose license or permit has been denied, suspetrled, a revoked tray appeal the eve decision
of the City Manager, or designated represrntadve, by Sling a written notice of appeal with the City, Clerk within five
working days after receipt of notice of the decision. Such appeal shall be heard by the City Council which may
affirm, amend, or averse the order, or take other action decnred appropriate. The Clerk shall give written notice of
the time and place of the hearing to the appellant and any other person requesting notice. In conducting the hearing,
the City Council shall not be limited by the technical rules of evidence.
Section 21: Display of Permit Licenses.
The owner or operator of massage establishment shall display a massage establislurunt license and the permit for
each and every massage therapist or massage therapist trainee employed in the establishatatt in an open and
conspicuous place oo the premises.
Section 22: Violation -Penalty.
Any person who violates the provision of this chapter shall be guilty of an infraction and upon conviction thereof
shall be punished as provided in Chapter 1.12 of the Cupertino Muniapal Code.
Section 23: Nuisance.
Violations of arty provisions of this Chapter constitutes a public mrisance which tray be abated pursuant ar Chapter
1.09 of the Cupertino Municipal Code.
Section 24: Alternative Remedies.
Nothing in this Chapter shaA be dettned to prevent the City Council Fran directing the City Attomry to commence
civil action to enjoin the continued violation of any provisions of this Chapter or to abate a nuisance, as an
alternative, or in conjunction with any other avil or criminal proceedings Provided for herein.
Section 25: Severability Clause.
If any section, subsection, serntenoe, clause or phrase of this Ordinance is for arty reason held to be unconstitutional,
such decision shall not affect the validity of the remaining porticos of this Ordinance. The legislative body hereby
declares that it would have passed this Ordinance and each secdat, subsection sentence, clause or phr.~ce thereof,
irrespective of the fact that arty one or men sectians, aubseetiav serntences, clauses or phrases be declared
unconstitutional.
• !
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Section 26: Effective Date.
This Ordinance No. 1606 shall take effect and be in full force thirty (30) days after ib enactrnent.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino on the 21st dsy of September,
1992 and ENACTED nt a regular meeting of the City Council of tho City of Cupertira t!a 5th day of -October , by the
the following vote:
VOTE: COUNCQ.II~MBERS
AYES: Dean, Goldtaan, Koppel, Szabo, Sorensen
NAYS: None ,.
ABSTAIN: None
ABSENT: None ~ i;: -. ':;~i~t ..-~ .
;.:,
ATTEST: , .r; `'c ~r_ ~ 'i .r ~ ;,~r..~ ~~iir l~', AP$ItQVEI)i~_~, it ,
.13}
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