SECTIONS 51030-51034 - California Statutes

GOVERNMENT CODE

SECTION 51030-51034

51030. The legislative body of a city for incorporated areas or
county for unincorporated areas may enact an ordinance which provides
for the licensing for regulation of the business of massage when
carried on within the city or county.

51031. The ordinance may condition the issuance of a license to
engage in the business of massage upon proof that a massage business
meets the reasonable standards set by the ordinance, which may
include, but need not be limited to, the following areas:
(a) Age of massage personnel.
(b) Education and experience of massage personnel.
(c) Passage by massage personnel of a practical examination of
competence.
(d) Sanitary conditions of the massage establishment.
(e) Hours of operation of the massage business.
(f) Prohibition of the sale or serving of food or beverage or the
conducting of nonmassage business on the premises of the massage
business. In the event that the business premises in which such
massage business is conducted possesses or is qualified to possess a
certificate of occupancy issued by such city or county, the
prohibition of this subdivision shall apply only to the portion of
the premises exclusively devoted to the conduct of the massage
business.

51032. (a) The ordinance may also provide that a license to engage
in the business of massage may be denied upon a showing by the
licensing authority of either of the following:
(1) Proof that the massage personnel and the owners or operators
of a massage business have been convicted of a violation of Section
266i, 315, 316, 318, or subdivision (b) of Section 647 of the Penal
Code, or proof that the massage personnel or the owners or operators
of a massage business have been convicted in any other state of any
offense which, if committed or attempted in this state, would have
been punishable as one or more of the above-mentioned offenses of
this subdivision.
(2) Proof that the massage personnel and the owners or operators
of a massage business have been convicted of any felony offense
involving the sale of a controlled substance specified in Section
11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code or
proof that the massage personnel or the owners or operators of the
massage business have been convicted in any other state of any
offense which, if committed or attempted in this state, would have
been punishable as one or more of the above-mentioned offenses of
this subdivision.
(b) The ordinance shall also provide that a license to engage in
the business of massage shall be denied upon a showing by the
licensing authority of proof that the massage personnel or the owners
or operators of a massage business are required to register under
the provisions of Section 290 of the Penal Code.

51033. (a) This chapter does not apply to cosmetologists, barbers,
or to persons licensed to practice any healing art pursuant to
Division 2 (commencing with Section 500) of the Business and
Professions Code or the Chiropractic Act when engaging in this
practice within the scope of his or her license.
(b) Notwithstanding any other provision of law, this chapter shall
apply to an independent contractor of any person described in
subdivision (a) if the independent contractor is engaged in, or is
purported to be engaged in, the business of massage.

51034. The Legislature in enacting this chapter recognizes the
existing power of a city or county to regulate a lawful massage
business pursuant to Section 37101, or pursuant to Section 16000 or
16100 of the Business and Professions Code, or under Section 7 of
Article XI of the California Constitution. Nothing contained in this
chapter shall be a limitation on that existing power or on the
existing authority of a city to license for revenue purposes, nor
shall anything contained in this chapter authorize a city, county, or
city and county to prohibit a person of one sex from engaging in the
massage of a person of the other sex.