Massage

Massage Establishments

On November 15, 2022, the Desert Hot Springs City Council approved an ordinance repealing Chapter 17.160 Massage Establishments of the Desert Hot Springs Municipal Code and replacing it with Chapter 5.56 (Massage Establishments).

The ordinance went into effect on January 6, 2023. Pursuant to section 5.56.050, a new massage establishment permit is required. The ordinance states, “[i]t shall be unlawful for any Person or Persons to own or operate a Massage Establishment or permit the operation of a Massage Establishment within the City without first obtaining a Massage Establishment Permit pursuant to the requirements of the Chapter.”

Additionally, the requirement for a massage establishment permit applies to all existing massage establishments. As stated in the ordinance, “[i]t is the express intent of the City that the provisions of this Chapter shall apply to all current Massage Therapists, Massage Establishments, and Owners.” (Section 5.56.270.A).

However, existing massage establishments have six months to obtain their permit. “Any current Owner of a Massage Establishment on the effective date of the ordinance codified in this Chapter pursuant to a valid City-issued business license shall be required to obtain a City Massage Establishment Permit within six (6) months from the effective date of the ordinance codified in this Chapter.” (Section 5.56.270.B).

The new ordinance was codified on January 6, 203. Massage establishments are required to submit Massage Establishment Permit Application by June 12, 2023.

To file a massage establishment permit visit: https://deserthotspringsca.viewpointcloud.com/categories/1075/record-types/6617

An Ordinance Repealing and Replacing Chapter 17.160 Massage Establishments of the Desert Hot Springs Municipal Code can be found here.

For any questions or concerns please contact Christina Newsom, Compliance Manager at cnewsom@dhspd.com

Owner/Operators

All Owners of a Massage Establishment shall file an application that includes the name of each individual who the Massage Establishment does or will employ or retain to perform Massage Therapy for compensation, including independent contractors. For each person that the Massage Establishment does or will employ or retain to perform Massage Therapy, including independent contractors, a copy of that person’s current CAMTC certification as a Certified Massage Practitioner or Certified Massage Therapist, and a copy of that person’s current CAMTC-issued identification card. The names and addresses of each Massage Establishment Operator, if different than the Owner.

For each Owner(s) and Operator(s) of the Massage Establishment who are a CAMTC-Certified Massage Professional, a copy of his or her current certification from the California Massage Therapy Council as a Certified Massage Practitioner or as a Certified Massage Therapist, and a copy of that person’s current CAMTC-issued identification card.

For each Owner(s) and Operator(s) of the Massage Establishment who is not a CAMTC-Certified Massage Professional, the following information:

  1. Whether the Owner(s) and Operator(s) have within the five (5) years immediately preceding the date of application, been convicted in any of the following offenses: California Penal Code Section 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22; California Health and Safety Code Section 11054, 11055, 11056, 11057, or 11058; or any offense in a jurisdiction outside of the State of California that is the equivalent of any of the aforesaid offenses.
  2. Whether the Owner(s) and Operator(s) are currently required to register under the provisions of Section 290 of the California Penal Code or any similar mandatory registration law from another state or federal jurisdiction.
  3. The Owner(s) and Operator(s)’ business, occupation, and employment history for five (5) years preceding the date of application, and the inclusive dates of same.

For any Owner(s) and Operator(s) who are not a CAMTC-Certified Massage Professional: One (1) set of fingerprints for each Owner and Operator in a form satisfactory to the City Manager or his/her designee and authorization to conduct the necessary background investigations to determine the truthfulness and correctness of the information provided by Owner and Operator and to determine whether the Owner or Operator is qualified pursuant to this chapter to receive the requested permit. The fingerprints shall be taken at a place designated by the City Manager or his/her designee, and any required fee for such fingerprinting shall be paid by the Owner and/or Operator. Whether any license or permit has ever been issued to the Owner(s) and Operator(s) by any jurisdiction under the provisions of any ordinance or statute governing massage or somatic practice, and as to any such license or permit, the name and address of the issuing authority, the effective dates of such license or permit, whether such license or permit was ever suspended, revoked, withdrawn, or denied. Additionally, whether any massage certification has been denied or revoked by any organization operating under statutory authority. Include copies of any documentary materials relating to such denial, suspension, revocation, withdrawal, or denial.

EACH OWNER/OPERATOR WHO IS NOT A CAMTC-CERTIFIED MASSAGE PROFESSIONAL IS REQUIRED TO SUBMIT A LIVE SCAN AND BACKGROUND DISCLOSURE FORM ONLINE AT  https://deserthotspringsca.viewpointcloud.com/categories/1075/record-types/6643

Massage Therapist

On November 15, 2022, the Desert Hot Springs City Council approved an Ordinance repealing Chapter 17.160 Massage Establishments of the Desert Hot Springs Municipal Code and replacing it with Chapter 5.56 (Massage Establishments).

The ordinance went into effect on January 6, 2023. Pursuant to section 5.56.040, CAMTC Certification is required for any individual that practices Massage Therapy for compensation within the City. The ordinance states, “[i]t shall be unlawful for any individual to practice Massage Therapy for compensation within the City unless that individual is currently certified by the CAMTC as a Certified Massage Professional in good standing.”

This requirement extends to an independent contractor, a person that is a directly paid employee of a Massage Establishment, or a person that receives a referral of Patrons from a Massage Establishment and, at any time before or after the referral, arranges in any way for compensation to flow to the Massage Establishment Operator. Per the new ordinance “[i]t shall be unlawful for any Massage Establishment Owner or Operator within the City to employ or retain any person to practice Massage Therapy for compensation or allow any person to perform Massage Therapy for compensation on the premises of a Massage Establishment unless the person is a Certified Massage Professional in good standing as defined in this chapter.” (Section 5.56.040.B).

The CAMTC Certification requirement applies to all existing massage therapists. As stated in the ordinance, “[i]t is the express intent of the City that the provisions of this Chapter shall apply to all current Massage Therapists, Massage Establishments, and Owners.” (Section 5.56.270.A)

However, existing massage therapists have six months to obtain their certification. “Any current individual who provides Massage Therapy for compensation within the City shall be required to obtain certification by the CAMTC as a Certified Massage Professional in good standing within 6 months from the effective date of the ordinance codified in this Chapter.” (Section 5.56.270)

The new ordinance was codified on January 6, 2023, and you are required to show proof of CAMTC Certification by June 12, 2023.

For any questions or concerns please contact Kathryn Palmer, Community Development Administrative Assistant II at kpalmer@cityofdhs.org

For more information on the California Massage Therapy Council Certification please visit: https://www.camtc.org/

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