Agenda Item Wording:
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Massage Establishment Ordinance Adoption - Public Hearing and First Reading of Ordinance No. 2025-03, a request by the City of Visalia to amend Visalia Municipal Code Section 5.68 “Massage Establishments” and First Reading of Ordinance for Adoption of Zoning Text Amendment No. 2025-02, a request by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning), Chapter 17.04 Definitions and Chapter 17.25 Uses in the Mixed Use, Office, and Industrial Zones, designating Massage Establishments as a conditionally permitted use in the Regional Commercial (C-R) zone.
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Prepared by:
Tracy Robertshaw, Neighborhood Preservation Manager, (559)713-4187, tracy.robertshaw@visalia.city
Paul Bernal, Planning and Community Preservation Director, (559)713-4025, paul.bernal@visalia.city
Department Recommendation: Staff recommends that the Visalia City Council hold a public hearing, receive a presentation and staff report, and introduce the first reading of Ordinance No. 2025-02 amending Visalia Municipal Code Section 5.68 “Massage Establishments” and Visalia Municipal Code Title 17 (Zoning), Chapter 17.04 Definitions and Chapter 17.25 Uses in the Mixed Use, Office, and Industrial Zones designating Massage Establishments as conditionally permitted use in the Regional Commercial (C-R) zone.
Summary:
On May May 19, 2025, a work session item was held with the City Council to conduct a review of the ordinance requirements related to Massage Establishments. During the presentation, and as noted in the staff report, several areas of the Massage Establishment ordinance were identified that required correction.
Additionally, a Stakeholders meeting was held on July 9, 2025, with 16 stakeholders in attendance. During the meeting the items currently in the ordinance as well as the requirements of Emergency Ordinance 2024-03 were discussed.
The sections discussed that staff identified as needing revisions are as follows:
1. 5.68.020 Definitions
2. 5.68.060 Background Requirements
3. 5.68.070 Display of Permit
4. 5.68.100 Facilities and Operations
5. 5.68.130 Revocation
6. 5.68.150 Appeal
7. 17.04 Definitions
8. 17.25.030 City’s Zone Use Matrix
The stakeholders voiced concerns regarding the prohibition against locked exterior doors as required in Emergency Ordinance 2024-03. All advised that it was a matter of safety that the doors lock when all staff members were providing services in massage rooms, leaving exterior doors unmanned.
Also of concern to stakeholders is the forty-watt bulb requirement in the emergency ordinance. All advised that this is extremely bright and exceeds the industry standards, impacting a client’s ability to relax and benefit from the massage. However, all expressed that the lighting should be sufficient for the client and masseuse to distinguish items in the room and safely exit if necessary.
City staff modified the proposed ordinance to remove the prohibition against locked exterior doors and modified the lighting requirement.
Background Discussion:
The following is a summary of the revisions made, based on Council direction, to the applicable sections of Chapter 5.68.
1. Section 5.68.020 Definitions.
Definitions contained in Section 5.68.020 have been updated and several new definitions were added based on staff’s analysis of other municipalities massage establishment ordinances, including information obtained from the California Certified Massage Therapy Council (CAMTC).
The addition of new definitions include:
• “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.
• "Massage," “massage therapy,” and/or “bodywork” for the purpose of this chapter: means the skillful application of touch, any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparations. (Exclusions to this chapter are also described in Section 5.68.110. This chapter is not intended to regulate massages that not part of a business occupation.)
• "Massage establishment": means any business that offers massage therapy, baths or health treatments including, but not limited to, aromatherapy, vapor, shower, electric tub, sponge, hot towels, mineral fermentation, sauna, steam or any other type of bath, involving massages or baths in exchange for compensation. 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 license 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.
‒ The sole proprietor of a sole proprietorship operating a massage establishment.
‒ Any general partner of a general or limited partnership that owns a massage establishment.
‒ Any person who has a ten percent or greater ownership interest in a corporation that owns a massage establishment.
‒ Any person who is a member of a limited liability company that owns a massage establishment.
‒ All owners of any other type of business association that owns a massage establishment.
2. Section 5.68.060 Massage establishment owner background check required.
This section was updated to clarify language regarding persons convicted in a court of law on specific penal code offenses. This section has been updated to state the following:
The applicant, if an individual, or in the case of an applicant which is a corporation or partnership, any of its officers, directors, or shareholder of the corporation's stock required to complete a background investigation, has not been convicted in a court of competent jurisdiction of any of the following offenses: Penal Code §§ 207; 236.1; 243.4; 261; 266a through 266j; 267; 314 to 316; 318; or 647(a, b, d, j); 653.22 any offense requiring registration under Penal Code § 290 or Health and Safety Code § 11590; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing, or giving away of a controlled substance specified in Health and Safety Code §§ 11054 to 11058, as amended; or any offense in another state which, if committed in California, would have been punishable as one (1) or more of the heretofore mentioned offenses; or any offense involving the use of force or violence upon the person of another; or any offense involving theft, embezzlement or moral turpitude.
3. Section 5.68.070 Permit Application
Staff, after reviewing recommendations from California Massage Therapy Council (CAMTC) and other municipalities massage establishment ordinances, updated the City’s current massage establishment application process to include the following information:
• Creation of a new massage establishment application (included as Attachment 2 to this staff report)
‒ The application includes the following information:
§ Name, address, and telephone number of the massage establishment.
§ The name, residence address and telephone number, and business address and telephone number of each owner of the massage establishment.
§ The form of business under which the applicant will be conducting the massage establishment.
‒ A description of the proposed massage establishment, including the type of treatments to be administered.
§ The name of each individual who the massage establishment employs or retains to perform massage therapy for compensation.
§ Requirement 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.
§ A statement that within the last five (5) 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.
4. Section 5.68.070 Display of Permit.
This section was revised to require the display of all approvals issued by the City.
• Any owner of a massage establishment or off-premise massage service 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 5.68.040(D) 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, or carry it with them for off-premise massage services.
5. 5.68.100 Facilities and Operations.
This section was updated to include the following items that were included in the Urgency Ordinance:
• Hours of Operation. All massage establishments shall be allowed to operate only between the hours of 8:00 a.m. and 10:00 p.m. No Massage shall be Performed between the hours of 10:00 p.m. and 8:00 a.m.
• No Massage Establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area.
• Minimum lighting consisting of at least one artificial light that sufficiently illuminates items in the room, making them distinguishable, shall be required in all areas where massage services are provided.
• Living Quarters Prohibited. No person or persons shall be allowed to reside, inside a Massage Establishment at any time.
• No person shall enter, be or remain in any part of a Massage Establishment while in possession of an open container of alcohol, or consuming or using any alcoholic beverages or controlled drugs.
• No Massage Establishment shall operate a school of massage or use the same facilities as that of a school of massage.
6. 5.68.130 Massage Establishment Inspections.
This section establishes a requirement to allow City Staff the ability to inspect massage establishments by either the City’s Building and Safety Division, Code Enforcement Division, Fire Department and Police Department and the County Health Department.
The operator and/ or on duty responsible managing employee shall consent to the inspection of the massage establishment by the City's Building and Safety Division, Code Enforcement Division, Fire Department and Police Department and the County Health Department for the purpose of determining that the provisions of this ordinance or other applicable laws or regulations are met. The City' s Building and Safety Division, Code Enforcement Division, Fire Department and Police Department and the County Health Department may, from time to time, make unannounced inspections of each massage establishment for the purpose of determining that the provisions of this chapter, State law or other applicable laws or regulations are met.
7. 5.68.130 Revocation.
This section was updated to include the requirement to hold a valid CAMTC. Additionally, revocation for criminal activity and inappropriate behavior as a cause for revocation was added.
All massage establishment operators shall be deemed to know and understand the requirements and prohibitions of this chapter. A determination to suspend or revoke a permit issued under this chapter may be made by the inspector following an inspection. Suspensions may be issued until a specific violation has been corrected, which requires an inspection by the City for confirmation of correction. If a suspension is issued, then no massage business may be conducted by the permit holder at the specified location, or by the specified license holder. Any massage establishment permit issued pursuant to this chapter may be suspended or revoked if any of the following have occurred on even a single occasion:
- Any disciplinary action taken by CAMTC shall be considered in determining grounds for revocation.
- The permittee or any person employed or retained by the massage establishment has been convicted in a court of competent jurisdiction of having violated, or has engaged in conduct constituting a violation of any penal code listed in 5.58.060 B.
- The permittee or any person employed or retained by the massage establishment is required to register under Section 290 of the California Penal Code.
- The permittee has continued to operate the massage establishment after the massage establishment permit has been suspended.
- Massage has been performed on the premises of the massage establishment, with or without the permittee’s actual knowledge, by any person who is not a duly authorized CAMTC-certified massage professional.
8. Section 5.68.160 - Appeal of Denial, Suspension or Revocation.
This section was revised to include the language for Administrative Hearings from Visalia Municipal Code Chapter 1.13.
After denial of an application for a massage establishment regulatory permit (the term permit includes the "grandfather exception" to CAMTC certification described in this chapter, or after denial of renewal of a permit, or suspension or revocation of a permit, the applicant or person to whom the permit was granted may appeal the decision to the city manager, or designee, by filing a written notice with the City of Visalia Planning and Community Preservations Department within ten (10) business days from the date of the notice of denial, suspension, or revocation. The city manager or designee shall hold a hearing on the appeal. The City Manager may designate the administrative hearing officer appointed to review appeals of City of Visalia administrative code enforcement matters under Chapter 1.13 of the Visalia Municipal Code as the hearing officer for appeals of massage establishment permit denials, suspensions, or revocations, and this appeal shall be heard under the rules for administrative appeals in Chapter 1.13. The decision of the city manager, or designee, following the hearing shall be final and conclusive. There is no appeal to the City Council. If the denial, suspension or revocation is affirmed on review the applicant or permittee may seek judicial review of such administrative action pursuant to California Code of Civil Procedure § 1094.5. The time for filing such action is governed by California Code of Civil Procedure § 1094.6.
9. Massage Establishment Definition (Chapter 17.04)
The Planning Commission and staff recommend the Council revise the current definition contained in Section 17.04.030 that defines "Massage Therapy Establishment" as follows:
Current Definition: "Massage Therapy Establishment" means an establishment offering massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body by a Certified Massage Therapist.
With the revised definition as follows:
Proposed Definition: “Massage Establishment” means any business that offers massage therapy, baths or health treatments including, but not limited to, aromatherapy, vapor, shower, electric tub, sponge, hot towels, mineral fermentation, sauna, steam or any other type of bath, involving massages or baths in exchange for compensation. Massage businesses with an approved home occupation permit per Visalia Municipal Code Section 17.32.030 and businesses that provide outcall massage services are also considered to be massage establishments and must also comply with the approved home occupation permit.
The revised definition, as stated above, coincides with the proposed definition included in the updates to Chapter 5.68. This will provide definition consistency between Chapter 5.68 and Title 17 (Zoning).
10. Section 17.25.030 to require a Conditional Use Permit for Massage Establishments in the C-R zone.
The Planning Commission and staff recommend the Council revise the Zone Use Matrix for Massage Establishments to include the requirement of a Conditional Use Permit in the Regional Commercial (C-R) zone.
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|
Commercial and Mixed Use Zones |
Office Zones |
Industrial Zones |
Special Use Standards (See identified Chapter or Section) |
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USE |
C-N |
C-R |
C-S |
C-MU |
D-MU |
O-PA |
O-C |
BRP |
I-L |
I |
|
|
Massage Therapist Establishment |
C |
P C |
|
C |
C |
C |
C |
|
|
|
Chapter 5.68 |
Fiscal Impact: N/A
Prior Council Action:
• On March 4, 2024, the City Council approved an Urgency Ordinance to regulate the location and operational requirements for massage establishments city.
• On June 3, 2024, the City Council extend Ordinance No. 2024-05, an interim ordinance adopted as emergency measures to regulate the location and operational requirements for massage establishments.
• On May 19, 2025, the City Council directed staff to draft revisions to Chapter 5.68 Massage Establishments.
Alternatives: The City council may, in lieu of the recommended motion, direct staff to not process any amendments to Visalia Municipal Code Section 5.68 or 17.25.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to introduce the First Reading of Ordinance No. 2025-03 amending Visalia Municipal Code Section 5.68 “Massage Establishments” and adoption of Zoning Text Amendment No. 2025-02, amending Visalia Municipal Code Title 17 (Zoning), Chapter 17.04 Definitions and Chapter 17.25 Uses in the Mixed Use, Office, and Industrial Zones, designating Massage Establishments as a conditionally permitted use in the Regional Commercial (C-R) zone.
Environmental Assessment Status: The adoption of any ordinance changes will require environmental documentation pursuant to the California Environmental Quality Act (CEQA) to be completed by staff.
CEQA Review: The requested action would be considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061(b)(3) states that projects are exempted from CEQA if the activity is covered by the commonsense exemption, which explains that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Deadline for Action: N/A
Attachments:
1. Ordinance 2025-03, amending Visalia Municipal Code Chapter 5.58
2. Draft Massage Establishment Application
3. PowerPoint Presentation