HomeMy WebLinkAboutOrdinance 676 Massage Ordinance - signed
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ORDINANCE NO. 676
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
ADDING CHAPTER 5.65 TO TITLE 5 OF THE MORRO BAY MUNICIPAL
CODE REGULATING MASSAGE ESTABLISHMENTS AND PROFESSIONALS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, massage is a viable professional field offering the public valuable health and
therapeutic services; and
WHEREAS, unless properly regulated, the practice of massage therapy and the operation
of massage businesses may be associated with unlawful activity and pose a threat to the quality
of life in the local community; and
WHEREAS, state law authorizes the imposition of reasonable local regulations and
standards for the operation of massage businesses, including but not limited to, density,
minimum educational and experience requirements, sanitary conditions, hours of operation, and
other operational regulations designed to minimize opportunities for illegal activities and to
ensure protection of the health, safety and welfare of citizens; and
WHEREAS the registration and health and safety requirements imposed by this Ordinance
are reasonably necessary to protect the health, safety and welfare of the local community.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. RECITALS. The recitals set forth above are true and correct and are hereby
adopted as findings in support of this Ordinance as if fully set forth herein.
SECTION 2. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion
of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council hereby declares that it would have ad opted this
ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective
of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions
thereof may be declared invalid or unconstitutional.
SECTION 3. POTENTIAL CONFLICTS. All ordinances, parts of ordinances, City resolutions
or policies, and the like, in conflict with those sections amended or added herein to the Morro
Bay Municipal Code, are hereby expressly superseded by this ordinance, with the exception of
Section 8.24.010(D) of the Morro Bay Municipal Code.
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SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days
after its passage and adoption.
SECTION 5. NEW CHAPTER 5.65 ADDED TO CODE. Chapter 5.65 is added to Title 5 of the
Morro Bay Municipal Code to read as follows:
Chapter 5.65 - MASSAGE ESTABLISHMENTS AND PROFESSIONALS
5.65.010 Purpose and intent.
In enacting this chapter, the City Council recognizes that massage therapy is a professional
pursuit which can offer the public valuable health and therapeutic services, but unless properly
regulated, the practice of massage therapy and the operation of massage businesses may be
associated with unlawful activity and pose a threat to the quality of life in the local community.
It is the purpose and intent of this chapter to provide for the orderly regulation of
establishments providing massage therapy services, and to prevent and discourage the misuse
of massage therapy as a front for human trafficking, prostitution, and related activities in
violation of state law, all in the interests of the public health, safety, and welfare, by providing
certain minimum building, sanitation, and operation standards for such businesses, and by
requiring certain minimum qualifications for the operators and practitioners of such businesses.
It is the further intent of this chapter to streamline local massage therapy permitting
procedures, while still facilitating and advancing the ethical practice of massage therapy, by
relying upon the uniform statewide regulations enacted by the Legislature in 2008 as Business
and Professions Code Sections 4600 et seq., known as the Massage Therapy Act, as
subsequently amended, and by restricting the commercial practice of massage in the city to
those persons duly certified to practice by the California Massage Therapy Council formed
pursuant to those statutes.
5.65.020 - Definitions.
For the purpose of this chapter, unless the context clearly requires a different meaning, the
words, terms and phrases hereinafter set forth shall have the meanings given in this section:
"Authorized Massage Professional" means a massage professional who is identified in a permit
issued pursuant to this chapter as a person employed or retained by a massage establishment
to practice massage.
"CAMTC-Certified Massage Professional" means any individual currently certified by the
California Massage Therapy Council as a massage therapist or massage practitioner pursuant to
Business and Professions Code Section 4600 et seq.
“License” means the business tax certificate to operate a massage establishment as required by
this chapter.
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"California Massage Therapy Council (CAMTC)" means the California Massage Therapy Council
created pursuant to California Business and Professions Code § 4600 et seq.500.5(a).
"Compensation" means the payment, loan, advance, donation, contribution, deposit, exchange,
or gift of money or anything of value.
"Department" means the Chief of the Morro Bay Police Department or designee charged with
the administration of this chapter.
"Massage," "massage therapy," and/or "bodywork" for purposes of this chapter mean the
skillful application of touch, including but not limited to, pressure, stroking, kneading,
compression on or movement of the external surfaces of the body by a practitioner to produce
increased awareness, relaxation, pain relief, injury rehabilitation, or neuromuscular reeducation.
“Massage establishment” means any establishment having a fixed place of business where any
individual, firm, association, partnership, corporation, joint venture, or combination of
individuals engages in, conducts, carries on or permits to be engaged in, conducted or carried
on, massages, baths, or health treatment involving massage or baths as the principal functions.
Massage establishment also means and includes any school or institution of learning, which
teaches the theory, ethics, practice, profession or work of massage, including, but not limited
to, a “recognized school of massage”. Home-based massage businesses and businesses that
provide outcall massage services are also considered to be massage establishments. For
purposes of this chapter, the term "massage establishment" may be applied to include
establishments which offer or advertise themselves as providing "relaxation" or "tanning"
where the essential nature of the interaction between the employee and the customer involves
"massage" as defined herein. The terms, names or phrases listed on business tax certificate or
fictitious name application forms are not necessarily conclusive as to the nature of the business.
"Owner" or "massage establishment owner" means any of the following persons:
(1) The sole proprietor of a sole proprietorship operating a massage establishment.
(2) Any general partner of a general or limited partnership that owns a massage
establishment.
(3) Any person who has a five percent or greater ownership interest in a corporation that
owns a massage establishment.
(4) Any person who is a member of a limited liability company that owns a massage
establishment.
(5) All owners of any other type of business association that owns a massage
establishment.
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"Operator" or "Massage Establishment Operator" means any person who is an owner or
manager of a massage establishment.
"Patron" means an individual on the premises of a massage establishment for the purpose of
receiving massage therapy.
"Person" means any individual, firm, association, partnership, corporation, joint venture, limited
liability company, or combination of individuals.
"Reception and waiting area" means an area immediately inside the main entry door of the
massage establishment dedicated to the reception and waiting of patrons or visitors of the
massage establishment and which is not a massage therapy room or otherwise used for the
provision of massage therapy services.
"Sole proprietorship" means a massage establishment where the owner owns one hundred
percent of the business and has one or no other employees or independent contractors.
"Visitor" means any individual not retained or employed by the massage establishment and not
receiving or waiting to receive massage therapy services, but excluding law enforcement
personnel or governmental officials performing governmental business
“Massage technician” means any person, who gives, performs or administers to another person
a massage for any form of consideration.
“Outcall massage” means the engaging in or carrying on of massage for any consideration at a
location other than a massage establishment, which location is designated by a person to whom
a permit or license has been issued pursuant to this chapter, or by the customer or client, or by
any other person.
“Recognized school of massage” means any school or institution of learning which teaches the
theory, ethics, practice, profession or work of massage, which school or institution of learning
requires a residence course study of not fewer than two hundred hours, at least one hundred of
which must be class hours completed within a consecutive four-month period and the
remainder, if any, must be actual massage hours supervised by a certified massage instructor
completed within a consecutive twelve-month period; provided, that the entire study program
must be completed within an eighteen-month period before the student shall be furnished with
a diploma or certificate of graduation from such school or insti tution of learning following the
successful completion of such course of study or learning, and which school -has-been approved
pursuant to California Education Code Section 94300 et seq., or if the school is not located in
California, has complied with standards commensurate with those required in said Section
94300 et seq. Any school or institution of learning offering or allowing correspondence course
credit not requiring actual attendance at class, of courses of a massage technician not approved
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by the California State Department of Education, shall not be deemed a “recognized school of
massage.”
5.65.030 – Administration.
The chief of police is authorized to administer this chapter and to promulgate administrative
policies and procedures required to implement the regulations set forth in this chapter.
5.65.040 – Business tax certificate required.
The requirements of this chapter are in addition to any business tax certificate and business tax
certificate requirements imposed pursuant to Chapter 5.04 of this code.
5.65.050 – Other permits and authorizations required.
The requirements of this chapter are in addition to any permits or authorizations that may be
required under other applicable laws including but not limited to the city's building, fire, zoning,
and health regulations.
5.65.060 – CAMTC certificate required.
On or after March 13, 2026, it is unlawful for any individual to practice massage therapy for
compensation within the city unless that individual is a CAMTC-certified massage professional.
5.65.070 – Certifications required – Prohibited conduct
(a) Massage establishment. It is unlawful for any person to own, operate or maintain a
massage establishment unless all massage technicians employed by the massage establishment
hold a current, valid certification from the CAMTC as a massage practitioner or massage
therapist or qualify under the limited exceptions described in this chapter.
(b) Massage technician. It is unlawful for any person to engage in, or carry on, the business or
activities of a massage technician without a certification from the CAMTC as a massage
practitioner or massage therapist or qualify under the limited exceptions described in this
chapter.
5.65.080 Exemptions.
This chapter shall not apply to the following classes of individuals while engaged in the
performance of the duties of their respective professions:
(a) Physicians, surgeons, chiropractors, osteopaths, podiatrists, physical therapists, nurses,
acupuncturists or any other person licensed to practice any healing art under the provisions of
Division 2 (commencing with Section 500) of the Business and Professions Code when engaging
in such practice within the scope of his or her license.
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(b) Trainers of any amateur, semi-professional, or professional athlete or athletic team, so long
as such persons do not practice massage therapy as their primary occupation at any location
where they provide such services in the city.
(c) Barbers, estheticians, and cosmetologists who are duly licensed under the laws of the State
of California, while engaging in practices within the scope of their licenses.
(d) Individuals administering massages or health treatments involving massage to person s
participating in single occurrence athletic, recreational, or educational events such as road
races, track meets, triathlons, educational events, or conferences, provided that the event is
open to the public or to a significant segment of the public such as employees of sponsoring or
participating corporations, and the massage services are provided at the site of the event
during, immediately preceding, or immediately following the event.
(e) Somatic practitioners who use no physical touch of any kind at any time in their practice.
5.65.090 - Limited exception from CAMTC certification requirement.
(a) The city recognizes that some massage technicians currently practicing in Morro Bay may not
meet the current requirements set forth by the CAMTC due to changes in educational or other
requirements, particularly changes in requirements concerning hours of schooling, although the
person has been in practice for a significant period. The city will therefore allow individuals who
were working in Morro Bay prior to the passage of this chapter and meet the requirements of
this section to practice massage under this exception without certification from the CAMTC.
(b) Individuals who do not submit an initial application on or before [90 days from March 13,
2026, for the exception described in this section shall be ineligible to qualify for the exception.
(c) An individual seeking this exception must demonstrate the following to the satisfaction of
the Department:
(1) Evidence that he or she worked as a massage therapist or massage practitioner and
held a W2 or business tax certificate in good standing under Section 5.04.330 on an
ongoing basis for at least five years prior to March 13, 2026; and
(2) Evidence that he or she has certification or proof of training in the field of massage
from a school or another entity comparable to the CAMTC and has been working as a
massage therapist or massage practitioner for a period of at least five years; and
(3) Evidence that he or she attempted to obtain certification from the CAMTC but was
provided a letter advising of additional requirements of schooling, hours, etc., despite
existing training and experience, he or she could not qualify for certification from
CAMTC; and
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(4) Compliance with all requirements under this chapter for massage establishment
owners that are not certified by the CAMTC, including, but not limited to, the
background check described in Section 5.65.110 of this chapter.
(d) An individual granted an exception from the CAMTC certification requirement is required to
display, in the same manner this chapter requires the display of CAMTC certification, a
statement from the city showing that the person met the requirements of this exception.
(e) The city may establish a non-refundable fee to recover costs associated with initial
applications and annual renewals.
(f) This section shall remain in effect only until February 1, 2028. All massage practitioners must
comply with Section 5.65.060 beginning February 1, 2028.
5.65.100 - Massage establishment license required.
It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in,
conducted or carried on, in or upon any premises in the city, the business of a massage
establishment without the license required by this chapter.
5.56.110 – License application background check- owner.
The owners of the massage establishment shall file an application for a permit on a form
provided by the Department. The application shall be accompanied by the fee established by
the city's fee schedule. The application shall include the following information:
(a) The name, address, and telephone number of the massage establishment.
(b) The name, date of birth, state issued identification number, residence address and
telephone number, and business address and telephone number of each owner of the massage
establishment.
(c) The form of business under which the applicant will be conducting the massage
establishment, i.e., corporation, general or limited partnership, limited liability company, or
other form. If the applicant is a corporation, the name of the corporation shall be set forth
exactly as shown in its articles of incorporation, together with the names and residence
addresses of each of its officers, directors, and each shareholder holding more than ten pe rcent
of the stock of the corporation. If the applicant is a general or limited partnership, the
application shall set forth the name and residence address of each of the partners, including
limited partners. If one or more of the partners is a corporation , the provisions of this section
pertaining to a corporate applicant shall apply. If the applicant is a limited liability company, the
application shall set forth the name and residence address of each of the members. If one or
more of the members is a partnership, limited liability company, or corporation, the provisions
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of this section pertaining to a partnership, limited liability company, or corporate applicant shall
apply, as applicable.
(d) The name, address, and telephone number of the owner of the real property upon, in, or
from which the certified massage establishment is to be operated. In the event the applicant is
not the legal owner of the property, the application shall be accompanied by a copy of any
written lease between the applicant and the property owner authorizing use of the premises for
a massage establishment, or, alternatively, if there is no written lease, then a written, notarized
acknowledgment from the property owner that the property owner has been advised that a
massage establishment will be operated by the applicant upon, in, or from the property owner's
property.
(e) A description of the proposed massage establishment, including the type of treatments to be
administered.
(f) The name of each individual who the massage establishment employs or retains to perform
massage therapy for compensation, whether on or off the massage establishment premises.
(g) The name of each individual who is regularly employed or retained by the massage
establishment to perform services on the premises other than massage therapy, and the nature
of their services.
(h) For each individual who the massage establishment does or will employ or retain to perform
massage therapy for compensation, whether on or off the massage establishment premises, a
copy of that individual’s exception under Section 5.65.090 or that individual's current
certification from the CAMTC as a certified massage practitioner or certified massage therapist,
and a copy of his or her current CAMTC issued identification card.
(i) For each owner of the massage establishment who is a CAMTC-certified massage
professional, a copy of his or her current certification from the CAMTC as a certified massage
practitioner or as a certified massage therapist and a copy of his or her current CAMTC-issued
identification card.
(j) For each owner of the massage establishment who is not a CAMTC-certified massage
professional, the following information:
(1) Whether any owner of the massage establishment has within the five years
immediately preceding the date of application been convicted of any felony in any state.
(2) Whether any owner of the massage establishment is currently required to register
under the provisions of Section 290 of the California Penal Code.
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(3) The business, occupation, and employment history of each owner of the massage
establishment for five years preceding the date of application, and the inclusive dates of
same.
(4) One set of fingerprints to be taken at the permit authority, and any required fee for
such fingerprinting shall be paid by the applicant.
(k) Whether any license or permit or certificate has ever been issued to the applicant by any
jurisdiction under the provisions of any ordinance or statute governing massage or somatic
practice, and as to any such license or permit or certificate, the name and address of the issuing
authority, the effective dates of such license or permit or certificate, whether such license or
permit was ever suspended, revoked, withdrawn, or denied; and copies of any documentary
materials relating to such suspension, revocation, withdrawal, or denial.
(l) Such other information as may be required by the permit authority to determine compliance
with any other eligibility requirements for issuance of the permit as specified by federal, state,
or local law.
(m) A statement that within the last five years the applicant has not failed to comply with a final
court order or administrative action of an investigatory agency finding a violation of applicable
federal, state and local wage and hour laws, including, but not limited to, the Federal Fair Labor
Standards Act, the California Labor Code, and any local minimum wage ordinance or prevailing
wage requirements. For purposes of this subsection, a final court order or administrative action
is one as to which there is no pending appeal and the time for filing an appeal has passed.
5.65.120 Massage establishment license, application, fee relocation.
(a) Any application for a license to operate a massage establishment shall be accompanied by a
fee as set by resolution of the council. The application fee shall be used to defray in wh ole or in
part, the cost of the investigation and report by the chief of police and is not made in lieu of any
other fees or taxes required under this code. In addition, the applicant shall also pay all
applicable fees to the county health officer according to the rate schedule of the county then in
effect, and to the state all applicable fees necessary for the processing of applicant information.
(b) A license to operate a massage establishment shall remain valid as long as the license
holder maintains a continual business operation as evidenced by the possession of a valid
business tax certificate. Failure to timely renew the business tax certificate shall cause the
massage establishment license to become invalid and the license holder must complete a new
massage license application accompanied by a fee as set by resolution of the council. If a
licensed establishment relocates or opens an additional business location, an application for
such purpose shall be required and accompanied by an administrative fee as set by resolution of
the council.
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5.65.130 Additional restrictions and requirements.
(a) Before operating a massage establishment in the city, massage establishment owners must
comply with all applicable codes adopted by the city, including, without limitation, the building,
signage, electrical, and plumbing codes.
(b) Hours of operation. Massage establishments shall only offer massage services between the
hours of 8:00 a.m. and 10:00 p.m. and no patrons for massage services shall b e allowed on the
premises after 10:00 p.m. or before 8:00 a.m.
(c) Density Limitations.
(1) The maximum allowable number of massage establishments is twenty. No new
applications for massage establishments will be accepted until the number of active
licenses drop below twenty.
(2) No massage establishment shall locate within five hundred feet from another
massage establishment. The distance shall be measured as the horizontal distance
measured in a straight line from the property line of one site to the property line of
another site.
(3) Applicants who wish to apply for massage establishment licenses shall be issued
permits on a first-come, first-served basis, provided the proposed massage
establishment does not violate the density limitations herein. Applicants who are not
eligible for a license due to these density limitations shall be placed on a
chronologically maintained waiting list.
(4) Massage establishments lawfully permitted by the city prior to December 1, 2025,
and in good standing with the city on the effective date of this chapter, are not subject
to the density limitations herein, provided they obtain a massage establishment license
pursuant to this chapter within six months of its effective date. The sale or transfer of
any interest in a massage establishment which interest would be reported as required in
this chapter upon application for a massage establishment license, shall result in the
massage establishment becoming subject to the density limitations herein.
(d) Any and all signage advertising or promoting the business or location shall comply with
provisions set forth in Morro Bay Municipal Code Chapter 17.29.
5.65.140 Massage establishment license grounds for denial.
The Chief of Police shall either issue or deny a permit within 60 calendar days following receipt
of a completed application for an establishment permit. The Chief of Police may extend the time
period to act on a permit application by an additional 30 days upon providing written notice of
the extension to the applicant. In approving or denying a permit, the Chief of Police shall
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consider the recommendations of City officials investigating the application, along with any
other relevant information.
The chief of police may deny an application for a massage establishment permit on any of the
following grounds:
(a) The massage establishment, as proposed by the applicant, would not comply with the
requirements of this chapter.
(b) The massage establishment, as proposed by the applicant, would not comply with any
applicable law, including, but not limited to the city's building, fire, zoning, and health
regulations.
(c) The applicant has knowingly made any false, misleading or fraudulent statement of material
fact in the application for a massage establishment permit.
(d) Any owner of the massage establishment, within five years immediately preceding the date
of filing of the application, has been convicted in a court of com petent jurisdiction of any
offense that relates directly to the operation of a massage establishment whether as a massage
establishment owner or operator or as a person practicing massage for compensation, or as an
employee of either; or has at any time been convicted in a court of competent jurisdiction of
any felony the commission of which occurred on the premises of a massage establishment.
(e) Any owner of the massage establishment is currently required to register under the
provisions of Section 290 of the California Penal Code.
(f) Any owner of the massage establishment, within five years of the date of application, has
been convicted in a court of competent jurisdiction of any violation of Sections 266, 266a, 266e,
266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22 of the California Penal Code, or
conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the
State of California that is the equivalent of any of the aforesaid offenses.
(g) Any owner of the massage establishment has been subjected to a permanent injunction
against the conducting or maintaining of a nuisance pursuant to Sections 11225 through 11235
of the California Penal Code, or any similar provision of law in a jurisdiction outside the State of
California.
(h) Any owner of the massage establishment, within five years of the date of application, and as
established by clear and convincing evidence, has engaged in acts prohibited under California
Penal Code Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or
653.22.
(i) Any owner of the massage establishment is an individual who has not attained the age of
eighteen years.
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(j) Any owner of the massage establishment, within five years immediately preceding the date
of filing of the application, has had a permit or license or certificate to practice massage for
compensation or to own and/or operate a massage establishment revoked or denied in any
jurisdiction.
(k) Any owner of the massage establishment currently owns or operates a massage
establishment in the city of Morro Bay that is not in good standing due to the existence of
uncorrected violations or unpaid fines or fees.
(l) Within the last five years, the applicant has failed to comply with a final court order or
administrative action of an investigatory agency finding a violation of applicable federal, state
and local wage and hour laws, including, but not limited to, the Federal Fair Labor Standards
Act, the California Labor Code, and any local minimum wage ordinance or prevailing wage
requirements. For purposes of this subsection, a final court order or administrative action is one
as to which there is no pending appeal and the time for filing an appeal has passed.
5.65.150 Massage establishment - facilities and operations requirements.
All massage establishments shall comply with the following facilities and operation
requirements:
(a) Massage establishments shall comply with all code requirements.
(b) Closed cabinets or other cupboard space shall be provided for the storage of clean linen.
Approved receptacles shall be provided for the storage of all soiled linen and paper towels.
(c) The walls in all rooms where water or steam baths are given shall have a washable, mold-
resistant surface.
(d) All lavatories or washbasins shall be provided with running water, disinfectant, soap and
single service towels.
(e) Security deposit facilities capable of being locked by the patron or a security bag that may
be carried by the patron shall be available for the protection of the valuables of the patrons.
(f) Every portion of a massage establishment including appliances, apparatus and personnel,
shall be kept clean and operated in a sanitary condition.
(g) All massage establishments shall be equipped with clean and sanitary towels, sheets and
linens of sufficient quantity. Towels, sheets and linens shall not be used by more than one
person. Reuse of such linen is prohibited unless the same has first been laundered Heavy white
paper may be substituted for sheets: provided, that such paper is used once for each person
and then discarded in a sanitary receptacle.
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(h) All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and 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 and vapor rooms, or steam or vapor cabinets, shower
compartments, and toilet rooms shall be thoroughly cleaned and disinfected each day the
business is in operation. Bathtubs shall be thoroughly cleaned and disinfected after each use.
1. Disinfecting agents and sterilizing equipment shall be provided for any instruments
used in performing acts of massage and said instruments shall be disinfected and
sterilized after each use.
(i) Pads used on massage tables shall be covered with durable, washable plastic or other
acceptable waterproof material.
(j) To protect patrons from potential health and sanitary hazards, all employees, and massage
technicians shall be clean and shall wear clean outer garments when performing services on the
premises, No massage technician shall, in the course of administering any massage, bath or
health treatment, expose his or her genitals or private parts. No massage technician shall, in the
course of administering any massage, bath or health treatment, make physical contact with the
genitals or private parts of any other person in violation of CAMTC guidelines.
(k) A listing of each service offered, the price thereof, and the minimum length of time such
service shall be performed shall be made available on request. No services shall be performed
and no sum shall be charged for any services other than those listed . Arrangements shall be
made for all services prior to the performance of any service. No massage technician shall solicit
or offer to perform for any patron any additional service after such technician has commenced
the performance of any service for such patron.
(l) No alcoholic beverages shall be sold, served or furnished on the premises of any massage
establishment.
(m) No massage establishment shall be open for business between the hours of 10 p.m. of one
day and 8 a.m. of the following day.
(n) Minimum lighting shall be provided in accordance with the Uniform Building Code, and in
addition, at least one artificial light of not less than forty watts shall be provided in each room or
enclosure when massage is performed on patrons.
(o) Minimum ventilation shall be provided in accordance with the Uniform Building Code.
(p) Proof of compliance with all applicable provisions of this code shall be provided.
(q) Reception and Waiting Areas
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1. One ( 1) main entry door shall be provided for Patron entry to the Massage
Establishment, which shall open directly into the interior Reception and Waiting Area of
the Massage Establishment. Except during emergency egress situations, all Patrons, and
any persons other than Individuals employed or retained by the Massage Establishment
shall be required to enter and exit through the main entry door. The main entry door
shall remain unlocked during business hours when the Establishment is open for
business or when Patrons are present unless the Massage Establishment is a business
entity owned by a sole proprietor and there is no additional staff available to assure
security;
2. No Massage Establishment located in a building or structure with exterior windows
fronting a public street, highway, parking area or walkway ( including interior common
areas and hallways) shall, during business hours, block visibility into the interior
Reception and Waiting Area through the use of curtains, closed blinds, tints, signage, or
any other material that obstructs, blurs, or unreasonably darkens the view into the
premises;
3. For the purpose of this subsection, there is an irrebuttable presumption that visibility
is impermissibly blocked if more than 15 percent of the square footage of windows or
more than 10 percent of the square footage of clear doors is covered so as to obstruct
views of the interior Reception and Waiting Area.
5.65.160 – Massage establishment prohibited conduct.
(a) It is unlawful for any person to operate a massage establishment within the city without first
obtaining a massage establishment permit from the Department.
(b) On or after March 13, 2026, it is unlawful for a massage establishment operator to employ
or retain any person to practice massage therapy for compensation, or to allow any person to
perform massage therapy for compensation on the premises of a massage establishment,
unless that person is a CAMTC-certified massage professional and unless that person is
identified as an authorized massage professional on the permit issued pursuant to this chapter.
For purposes of this chapter, a massage establishment operator "employs or retains" a person
to practice massage therapy for compensation when:
(1) That person is a directly paid employee of the massage establishment; or
(2) That person's association with a massage establishment is that of an independent
contractor who receives compensation for massage therapy provided to patrons of the
massage establishment; or
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(3) That person receives a referral of patrons from the massage establishment and, at
any time before or after the referral, arranges in any way for compensation to flow to
the massage establishment operator.
(c) It is unlawful for a massage establishment to operate under any name or conduct business
under any designation not specified in the massage establishment permit issued pursuant to
this chapter.
(d) It is unlawful for a massage establishment to continue to operate following the sale or
transfer of any interest in the massage establishment to a person who was not identified as an
owner in the massage establishment permit application.
5.65.170 Massage establishment—Record keeping requirements.
Every person operating a massage establishment within the city shall keep a record of the date
and hour of each treatment, the address of the place where the service was rendered, and the
name of the technician administering such treatment, The records shall be open to inspection
by officials charged with the enforcement of these provisions for the purposes of law
enforcement and for no other purpose. The information furnished or secured as a result of any
such inspection shall be confidential. Any unauthorized disclosure or use of such information by
any city officer or employee shall be subject to the penalty provisions of this chapter, in addition
to any other penalties provided by law. The records required by this section shall be maintained
for a period of two years.
5.65.180 Massage establishment - business name.
No person licensed to operate a massage establishment shall operate under any name or
conduct business under any designation not specified in the license.
5.65.185 Massage therapist – certificated name.
No certificated massage therapist shall operate under another name or alias that is not listed on
their CAMTC certification or local license or permit or certificate.
5.65.190 Display of permit.
Any owner of a massage establishment must display the CAMTC certificates for all massage
technicians prominently in a conspicuous place, capable of being viewed by customers or city
representatives, at every location where massage is performed or conducted.
Any persons operating under the limited exception described in Section 5.65.090 must display
the statement from the city documenting their exemption from the CAMTC certification
prominently in a conspicuous place capable of being viewed by customers or city
representatives.
16
5.65.200 Massage establishment - Sale or transfer of interest.
The sale or transfer of any interest in a massage establishment which interest would be
reported as required in this chapter upon application for a massage establishment license, shall
be reported to the chief of police within ten days of such sale or transfer. The chief of police
shall investigate any person receiving any interest in a massage establishment as a result of such
sale or transfer and if such person satisfies the requirements relating to massage establishment
license applicants the existing license shall be endorsed to include such person. A fee
established by resolution of the council shall be paid to the city for the investigation by the chief
of police necessitated by each such sale or transfer. Any such establishment which intends to in
any way transfer ownership or alter or change the nature of any such massage establishment on
or after the effective date of this chapter shall comply with the provisions of this chapter prior
to such transfer, alteration or change.
5.65.210 Investigation by officials - Authority.
Any and all investigating officials of the city and county shall have the right to enter massage
establishments from time to time during regular business hours to make reasonable
inspections, to observe and enforce compliance with building, fire, electrical, plumbing, or
health regulations, or other provisions of this chapter. A warrant shall be obtained whenever
required by law.
5.65.220 Investigation by officials - Report.
Whenever any investigating official of the city makes an inspection of a massage establishment
he or she shall record his or her findings on a report and shall give notice of his or her findings
by furnishing a copy of the inspection report to the licensee or permittee.
5.65.230 Notice of violation - Issuance contents.
Whenever any investigating official of the city makes an inspection of a massage establishment
and finds that any provision of this chapter has been violated, he or she shall give notice of such
violation by means of a report or other written notice. In any such notification, the investigating
official shall:
(a) Set forth the specific violation or violations found;
(b) Establish a specific and reasonable period of time for the correction of the violation or
violations. If the investigating official determines that the violation or violations are minor in
nature, the investigating official may issue a warning to the licensee or permittee, that any
further violation of this chapter may result in the filing of a complaint for revocation or
suspension of the license or permit;
17
(c) State that failure to comply with any notice issued in accordance with the provisions of this
chapter may result in the city revoking or suspending the license or permit.
5.65.240 Massage establishment - Revocation or suspension of license.
Any license issued for a massage establishment may be revoked or suspended by the chief of
police where it is found that:
(a) The licensee has violated any provision of this chapter or state massage therapy act
business and professional code 4621: or
(b) The licensee has failed to comply with one or more of the facility and operations
requirements of Section 5.65.150; or
(c) The licensee has engaged in fraud, misrepresentation or false statement in conducting the
massage establishment: or
(d) The licensee has failed to correct a violation after notice to do so pursuant to Section
5.65.230; or
(e) The licensee has continued to operate the massage establishment after the license has been
suspended: or
(f) The licensee has allowed a person to work as a massage technician who:
1. Does not have a valid permit: or
2. Has engaged in conduct or has been convicted of any offense described in
subsections (b) and (c) of Section 5.65.140 where the licensee has active or constructive
knowledge of such conduct or conviction: or
(g) Licensee is a person who is engaged in conduct or has been convicted of an offense
described in subsections (b) and (c) of Section 5.65.140.
5.65.250 Massage technician - Revocation or suspension of permit.
Any massage technician permit may be revoked or suspended by the chief of police where it is
found that:
(a) The permittee has violated any provision of this chapter: or
(b) The permittee is a person who has engaged in conduct described in subsections (b) or (c) of
Section 5.65.140; or
(c) The permittee has engaged in conduct which would constitute an offense which relates
directly to the permittee’s employment or performance as a massage technician or has engaged
in conduct which would constitute a felony, the commission of which occurred on the premises
18
of a massage establishment; or has been convicted by a court of competent jurisdiction of any
such offense or felony; or
(d) The permittee has continued to function as a massage technician after the permit has been
suspended: or
(e) The permittee has failed to correct a violation found pursuant to Section 5.65.230
5.65.260 Appeals—Hearing.
In the event a permit or license application has been denied, the applicant may appeal
pursuant to the procedures set forth in Section 5.04.210 of this code. Any licensee or permittee
whose license or permit has been suspended or revoked may appeal pursuant to the procedure
set forth in Section 5.04.210 of this code.
SECTION 6. CERTIFICATION. The City Clerk shall certify as to the passage and adoption of
this ordinance, and the City Clerk shall cause the same to be posted and codified in the manner
required by law.
INTRODUCED at a regular meeting of the City Council of Morro Bay, held on the 27th day
of January 2026, by motion of Mayor Wixom and seconded by Council Member Luffee.
PASSED AND ADOPTED on the 10th day of February 2026, by the following vote:
AYES: Wixom, Eckles, Edwards, Landrum, Luffee
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
____________________________
CARLA WIXOM, Mayor
ATTEST:
________________________________
DANA SWANSON, City Clerk
APPROVED AS TO FORM:
_________________________________
BRIAN J. STACK, City Attorney
Brian Stack (Feb 11, 2026 13:08:26 PST)
Brian Stack
Carla Wixom (Feb 11, 2026 19:44:15 EST)
Carla Wixom
19
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO )
CITY OF MORRO BAY )
I, Dana Swanson, CITY CLERK FOR THE CITY OF MORRO BAY, HEREBY CERTIFY the foregoing
Ordinance Number 676 was duly adopted by the City Council of the City Morro Bay at a regular
meeting of said Council on the 10th day of February 2026 and that it was so adopted on by the
following vote:
AYES: Wixom, Eckles, Edwards, Landrum, Luffee
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City
of Morro Bay, California, this ______ day of _______________, 2026.
DANA SWANSON, City Clerk
12 February
Ordinance 676 Massage Ordinance
Final Audit Report 2026-02-12
Created:2026-02-11
By:Heather Goodwin (hgoodwin@morrobayca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAucN1kwsmfDbMdKL2BJ0aVkt7gI2q8bVN
"Ordinance 676 Massage Ordinance" History
Document created by Heather Goodwin (hgoodwin@morrobayca.gov)
2026-02-11 - 8:32:54 PM GMT
Document emailed to Brian Stack (bstack@morrobayca.gov) for signature
2026-02-11 - 8:34:58 PM GMT
Email viewed by Brian Stack (bstack@morrobayca.gov)
2026-02-11 - 9:07:36 PM GMT
Document e-signed by Brian Stack (bstack@morrobayca.gov)
Signature Date: 2026-02-11 - 9:08:26 PM GMT - Time Source: server
Document emailed to cwixom@morrobayca.gov for signature
2026-02-11 - 9:08:28 PM GMT
Email viewed by cwixom@morrobayca.gov
2026-02-11 - 9:08:37 PM GMT
Signer cwixom@morrobayca.gov entered name at signing as Carla Wixom
2026-02-12 - 0:44:13 AM GMT
Document e-signed by Carla Wixom (cwixom@morrobayca.gov)
Signature Date: 2026-02-12 - 0:44:15 AM GMT - Time Source: server
Document emailed to Dana Swanson (dswanson@morrobayca.gov) for signature
2026-02-12 - 0:44:17 AM GMT
Email viewed by Dana Swanson (dswanson@morrobayca.gov)
2026-02-12 - 3:58:56 PM GMT
Document e-signed by Dana Swanson (dswanson@morrobayca.gov)
Signature Date: 2026-02-12 - 4:01:42 PM GMT - Time Source: server
Agreement completed.
2026-02-12 - 4:01:42 PM GMT