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 Simi Valley
 Code of Ordinances
 Title 5. PUBLIC WELFARE
 Chapter 15. MASSAGE ESTABLISHMENTS

§ 5-15.01. Findings and purpose.  

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  • The City Council finds and declares as follows:

    (a)

    The City is authorized, by virtue of the State Constitution and Section 51030 et seq. of the Government Code, to regulate the qualifications and licensing of massage service providers and massage establishments, and hereby does so for the benefit of the public health, safety, and welfare.

    (b)

    The California State Legislature has implemented uniform statewide regulations pertaining to massage therapy and massage establishments (enacted by AB 2194 in 2016 and AB 1147 in 2014, superseding SB 731 in 2008 and AB 619 in 2011), now codified in Chapter 10.5 of Division 2 of the California Business and Professions Code at Section 4600 et seq. (the "Massage Therapy Act," or "MTA"), which created a statewide system for issuing massage worker permits, which generally preempts local regulation of the practice and technique of massage. The statewide permitting system is administered by the California Massage Therapy Council ("CAMTC").

    (c)

    As to massage establishments, the 2014 changes to the MTA allow the application of certain local land use, zoning, business licensing, and operational regulations. Additionally, local jurisdictions can establish reasonable health and safety requirements for massage establishments not in conflict with the MTA. To enable the City to carry out the local regulation and review of massage establishments and businesses, the City must enact and codify massage establishment and business regulations in the Simi Valley Municipal Code.

    (d)

    There is a continued need for local regulations because there is significant risk of injury to massage patrons by improperly trained or educated massage service providers, and the City has a legitimate interest in providing reasonable safeguards against injury and economic loss to such massage patrons. In addition, the City wishes to promote the ethical practice of massage therapy as an important healing art, and to prevent and discourage the misuse of massage therapy as a front for prostitution and other illicit activities in violation of the law, including, but not limited to, subdivision (a) or (b) of Section 647 of the California Penal Code. Local regulation is also necessary to prevent adverse secondary effects in the community such as blight, disease, litter, the deterioration of neighborhoods and commercial districts, and other secondary effects.

    (e)

    The adoption of qualification standards for massage service providers by the CAMTC certification program established under the MTA and the enhancement of the City's reasonable regulations on the operation of massage establishments and the conduct of massage service providers will serve to reduce the risk of potentially injurious and illegal activity.

    (f)

    It is the City Council's intent that strict liability apply to the owners/permittees, operators, responsible managing officers, and managers (whether permitted/licensed or not) and for them to be criminally liable for the operational requirements and conduct of all employees, operators, managers, agents, and independent contractors at or operating on the behalf of the business(es) required to be permitted for massage as outlined in Exhibit A, and as found in the cases People v. Bachrach (1980) 111 Cal.App.3d Supp. 8; and People v. Travers (1975) 52 Cal.App.3d 111. Any violation of the municipal code sections in this chapter do not require proof of intent, criminal negligence or physical presence, but are governed by the rules of strict liability primarily concerned with the protection of the public health, safety and welfare.

    (g)

    The provisions of this chapter are not intended to be exclusive, and compliance with this Title 5, Chapter 15 of the Simi Valley Municipal Code will not excuse noncompliance with any state or local laws or regulations that are uniformly applied to other professional or personal service businesses including zoning regulations, building, fire, electrical and plumbing codes, and health and safety laws and regulations applicable to professional or personal service businesses.

    (h)

    The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

(§ 2 (Exh. A), Ord. No. 1287, eff. April 5, 2018)