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Berkeley, CA Business Licensing & Operations: Massage Establishments (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permit issuer
Department of Finance
Background check agency
Berkeley Police Department
Permit term
2 years, nontransferable
Renewal deadline
60 days before expiration
Application decision window
30 days from completed filing
CAMTC-only exemption
Available under § 9.32.060(C)

Summary

Operating a massage establishment in Berkeley without a permit is unlawful under BMC § 9.32.060. Establishments that employ only CAMTC-certified therapists can skip the permit under narrow conditions, but everyone else must apply through the Department of Finance, pass a police background check, and renew every two years.

It is unlawful for any person to operate a Massage Establishment in the City without first having obtained a permit to operate such pursuant to this Chapter. Every applicant for a Massage Establishment permit shall file an application with the Department of Finance upon a form to be provided by said Department and pay a filing fee which shall be non-refundable. The following entities are exempt from filing for permits for a Massage Establishment: A. Any California state-licensed hospitals, nursing homes, sanitariums or other state-licensed physical or mental health facilities. B. Any Approved Massage Schools as that term is defined in Section 4600 of the California Business and Professions Code.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 8031-NS, passed July 28, 2026).

Full Breakdown

060 makes it unlawful to operate a Massage Establishment in Berkeley without first obtaining a permit, requiring applicants to file with the Department of Finance and pay a nonrefundable filing fee. 5 of the Business and Professions Code. 010 does not itself trigger the permit requirement under subsection D. 080 requires the Berkeley Police Department to investigate each owner's and operator's criminal history, and the permit must be denied if any of them was convicted of a Penal Code § 290 registrable offense, a violent felony, sexual misconduct with children, or offenses under Penal Code §§ 266i, 647(a), 647(b), 315, 316, or 318. 110. 130.

Violations & Fines

Violating any provision of BMC Chapter 9.32 is a misdemeanor punishable under Chapter 1.20 and may also draw an administrative citation under Chapter 1.28, with each day of violation counted as a separate offense under § 9.32.150. The Department of Finance can suspend or revoke a permit after a hearing when the chapter is violated under § 9.32.140, and the permit holder must exercise no rights under the permit during any suspension; a suspension or revocation may be appealed to the City Manager within ten days of the mailed decision, and the City Manager's ruling is final.

Frequently Asked Questions

Do I need a permit to open a massage establishment in Berkeley?
Yes, unless every therapist you employ holds a valid CAMTC certificate and you meet the reporting and background-check conditions in BMC § 9.32.060(C). Otherwise § 9.32.060 makes operating without a Massage Establishment permit from the Department of Finance unlawful.
What disqualifies an owner from getting a Berkeley massage establishment permit?
BMC § 9.32.080 bars a permit if any owner or operator was convicted of a Penal Code § 290 registrable offense, a violent felony, sexual misconduct involving children, or specific offenses under Penal Code §§ 266i, 647(a), 647(b), 315, 316, or 318, based on a Berkeley Police Department background check.
How long does a Berkeley massage establishment permit last?
Two years from issuance and it cannot be transferred to a new owner, per BMC § 9.32.100. Permittees must apply to renew 60 days before the expiration date under § 9.32.110, following the same application procedure required for a new permit.

Sources & Official References

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