Ordinance 1643• Ordinance No. 1643 •
AN ORDINANCE OF THE CITY OF CUPER'fINO AMENDING CHAPTER 9.06, MASSAGE
ESTAI3LISHMF,N'1'S ANUSERVICES, OF TIIE CIJPERTINO MUNICIPAL CODE
The City Council of the City of Cupertino does hereby ordain that Chapter 9.06 of the Cupertino Municipal Code is
amended to read as follows:
9.06.020: Definitions
"Corporate Massage" means any massage of the neck, amts, shoulders and back area above the waist where the
client is fully clothed and done without the use of supplementary aids, such as rubbing alcohol, lineaments,
antiseptics, oils, powders, creams, lotions, oinlmcnts, or other similar preparations commonly used in this practice.
"Off-Site Massage" means the engaging in or carrying on of massage for consideration at a location other than a
licensed massage establishment.
"Residential Massage" means engaging in or carrying on of massage at a residence where the client either owns or
rents the residence.
"Recognized School of Massage"
2. Requires a residence course of study of not fewer than I00 hours to be given in not moro than thtroe calendar
months before the student is famished with a diploma or certificate of graduation from such school or institution
of learning following the successful completion of such course of study or Icaming; and, (Criterion 3 follows)
"State or nationally chartered organization devoted to the massage specialty and therapeutic approach" means
an organization which the City Manager, or designated employee, determines mcets the following rcquiremcnu:
1. The organisation or association requires that its members mat minimal educational requirements. The
educational requirements must include at (cast two hundrod fifty classroom hours, or its equivalent, in anatomy,
physiology, hygiene, sanitation, massage therapy and practice, and ethics of massage practice;
2. The organization or association enceuragcs participation in continuing education programs;
3. The organization or association has established rules of ethics and has enforcement procedures for the suspension
and revocation of mcmbcrship of persons violating the rules of ethics; and
4. The organization is open to members of the general public mating the requirements for mcmbcrship on either a
statewide or national basis.
9.06.050 Massage establishment license -Application
\Vithin 45 (forty-five) working days following receipt of the cemplctcd application, the City Manager shall either
issue the permit or mail a written statcmcnt of the reasons for denial thereof by certified mail.
9.06.090 Massage therapist permit -Application
\Vithin 45 (forty-five) working days following receipt of the completed application, the City Manager shall either
issue the permit or mail a written statcmcnt of the reasons for denial thereof by certified mail.
~. Certificate from a medical doctor stating that the pertnittce, has within thirty days immediately prior to the filing
of the application, bcen cramined and found to be frce of any contagious or communicable disease capable of being
Ordinance 1643 - Pagc 2
transmitted to the public or fellow cmployces by the type of conduct and interaction with the public and fellow
employees involved in the perfomrance of conducting a massage.
6. Prior to issuance of permit, the name 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
five hundred hours of instruction or written and verifiexi proof that the applicant has at (cast five hundrtxl hours'
experience in professional work and method of massage as of the effective date of the ordinance codified in this
chapter,
9.06.120 Massage therapist trainee permit -Application
Within 45 (forty-five) working days following receipt of the cemplctcd application, the City Manager shall either
issue the pcnnit or mail a written statement of the reasons for denial thereof by certifitxl mail.
9.06.180 Of(Site Massage Permit -Application: (Renumber subsequent sections)
An off-site massage permit may be issuexl to a Cupertino licensed massage therapist only. In addition to the
permitting criteria for massage therapist, as required in sections 9.06.090, 9.06.110, and 9.06.160, an applicant must
provide a list of all businesses and residences where the applicant will be performing off-site massage.
9.06.190 Off-Site Massage Permit -Criteria:
Off-site massage may be performed only under the following criteria:
1. Corporate:
a. The massage tteatmcnt shall consist of "corporate" massage only as dcfinal in suction 9.06.020.
b. Off-site "Corporate" massage clients shall be owners and eartployccs of the business at which the massage
therapist will be performing massage.
2. Residential:
a. The massage troattnemt shall consist of "residrntial" massage only as defined in sextion 9.06.020.
b. "Residential" massage clients must possess a referral from a licensed chiropractor or physician to the cffcet
that treatment in a licertscd massage establishment is not recommended. A record of every such referral shall be
obtained and kept by the person rexrdering the services for a period of one year from date of rofcrral. Such record
shall show the name and address of the doctor, the date and any prtscription number.
9.06.240 Inspection by officials: (otter "Display of Licenses")
Any and atl investigating officials of the City of Cupertino shall have the right to emter 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, and to ascertain compliance with the provisients of this
chapter. A warrant shall be obtained whenever rexprired by law.
Ordinance 1643 -Page 3
Severability Clause
If any section subsection sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional,
such decision shall not effect the validity of the remvning portions of this ordinance. The legislative body hereby
declares shat it would have passed this ordinance in cash section, subsection, clause, phrase, thereof, irrespective of
the fact that any one or more section, subsection, sentences, clauses or phrases be declared unconstitutional.
Effective Date
'T'his Ordinance No. 1643 shall take effect and be in full force 30 days alter its enactment.
INTRODUCED AND ENACTED at a regular meeting of the City Council of the City of Cupertino on this 7th day
of February, 1994 and enacted at the regular mceting of the City Council of the City of Cupertino on the 7th
day of March , 1994 by the following vote:
Vote Mcmbcrs of the City Council
AYES: Bautista, Burnett, Dean, Sorensen, Koppel
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
Mayor
City of Cupertino
_. i
srAT>e of CALIFORNIA >
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIM M. SMITH, City Clerk and ex-officio Clerk of the City Council of tha City !:
of Cupertino, Califomia, do hereby certify the attached to be a full, true, and correct Dopy 1
of Ordinance No. /L r/3 enacted on 7: /rte
i
fN WITNESS WHEREOF°,`I/have hereunto set my hand and seal this Ito yf4t
day of March ,19~z
~x~•~
KIM M. SMITH, City Clerk and ex-
officio Cleric of the City Council
Cupertino, California
i