Many massage businesses in California operate lawfully and serve their communities. Some, however, operate as fronts for prostitution and, in some cases, human trafficking. Enforcement can be difficult when an operation reopens under a new name, changes ownership on paper, or treats administrative fines as a cost of doing business. For cities and counties, the challenge is often selecting the legal tools best suited to the conditions at a particular location.
Serviam Managing Partner Curtis Wright addressed these issues in his Massage Establishment Enforcement session at the 2026 CACEO Code Conference in Universal City. This article summarizes, at a general level, the legal framework he discussed, from the state law that shapes local regulation to the civil and criminal remedies that may be available.
Where Local Authority Begins
The Massage Therapy Act (Business and Professions Code section 4600 et seq.) divides responsibility for massage regulation. The California Massage Therapy Council (CAMTC) certifies individual massage professionals on a voluntary basis, while cities and counties retain authority over massage businesses through zoning, business licensing, and reasonable health and safety requirements. AB 1147 (2014) returned broad land use authority over massage establishments to local governments, and Government Code section 51034 identifies certain requirements local agencies may not impose on CAMTC-certified professionals.
More recently, AB 1504 (Chapter 197, Statutes of 2025) extended the Massage Therapy Act, which CAMTC administers, so that it remains in effect until January 1, 2030. The bill also added subdivision (e) to Business and Professions Code section 4600.5, which states the Legislature’s intent that “both state and local regulation of massage therapy reflect the recognized status of certified massage professionals as health care providers.” Intent language of this kind does not, by itself, create new requirements, but it may be considered in interpreting the law. Agencies with older ordinances may wish to review them against section 51034 with that language in mind.
Matching the Tool to the Problem
Administrative Citations and Fines
Government Code section 53069.4 permits a local agency, by ordinance, to make violations of its ordinances subject to administrative fines, and requires the ordinance to set out the procedures for imposing, collecting, and reviewing them. When a violation would otherwise be an infraction, the fine may not exceed the infraction limits in sections 25132 and 36900. For continuing building, zoning, or similar structural violations that do not create an immediate danger to health and safety, the ordinance must allow a reasonable period to correct the violation before fines are imposed. Depending on the ordinance, fines may be assessed for each violation and for each day a violation continues, and citations may be issued to responsible parties such as owners, tenants, and operators. Administrative fines do not carry jail time, and some operators may treat them as a cost of doing business. Even so, citations can create a documented record that may support later enforcement.
Red-Tags and Administrative Orders
Inspections of massage premises can reveal conditions such as unpermitted sleeping quarters or blocked exits. Where conditions warrant, the municipal code and state law, including Health and Safety Code section 17920.3, which defines substandard buildings, may support a red-tag and a vacate or restricted-access order. Such an order typically identifies the violations, sets a compliance deadline, explains the consequences of noncompliance, and describes how to request a hearing. The required timing of notice and an opportunity to be heard can depend on whether a situation is routine, urgent, or an emergency, and agencies should consult counsel on those due process requirements.
Criminal Prosecution
Under Government Code sections 36900 (cities) and 25132 (counties), violations of local ordinances are generally misdemeanors unless the ordinance makes them infractions. A city may fix the penalty for an ordinance violation by fine, imprisonment, or both, but the fine may not exceed $1,000 and imprisonment may not exceed six months (Government Code section 36901). Where no different punishment is prescribed, a misdemeanor is punishable by up to six months in county jail, a fine of up to $1,000, or both (Penal Code section 19). Courts may also impose probation, which can include conditions such as correcting the violations and obeying all laws. When the operator is a corporation, the procedures in Penal Code section 1390 et seq. apply. Once an accusatory pleading is filed, the court issues a summons, which must be served on a corporate officer, managing agent, or designated agent for service of process at least five days before the appearance date. The corporation may appear through counsel; if it does not, a plea of not guilty is entered and the case proceeds.
The Red Light Abatement Act
The Red Light Abatement Act (Penal Code sections 11225–11235) declares that a building or place used for illegal gambling, lewdness, assignation, prostitution, or human trafficking is a nuisance. The Act authorizes a district attorney, county counsel, or city attorney to bring an action in the name of the People against persons conducting or maintaining the nuisance and against the owner, lessee, or agent of the building. Because the action is directed at the property and those responsible for it, it may address conditions that persist through changes in operators.
In these actions, the court may issue temporary restraining orders and preliminary and permanent injunctions. If a nuisance is established, the judgment must include an order of abatement directing removal and sale of the fixtures and movable property used in the nuisance and closure of the building or place for one year unless sooner released. The court may also assess a civil penalty of up to $25,000 against any and all defendants, based on the severity and duration of the nuisance. If the court finds that a vacancy resulting from closure may create a nuisance, or that closure is otherwise harmful to the community, it may instead order the person responsible for the nuisance to pay damages equal to one year’s fair market rental value to the city or county where the nuisance is located. Violations of orders under the Act may be punished as contempt of court.
Receiverships and Civil Injunctions
Where a building’s conditions substantially endanger the health and safety of residents or the public, the enforcement agency has issued an order or notice to repair or abate under section 17980.6, and the owner has not complied within a reasonable time, Health and Safety Code section 17980.7 allows the enforcement agency to petition the court to appoint a receiver. A receiver acts under court supervision to correct the conditions. If the court finds that the building substantially endangers the health and safety of residents, it must order the owner to pay the agency’s reasonable and actual costs, including inspection, investigation, enforcement, and prosecution costs and attorney fees. A separate provision awards reasonable attorney fees and costs to the prevailing party, so an agency that does not prevail may face a fee claim. Courts may also issue civil injunctions that prohibit specified conduct or require specified action.
Preparing for Challenges
Enforcement actions may be challenged, and preparation matters. Considerations include an ordinance consistent with the Massage Therapy Act and section 51034, inspections conducted with consent or under a warrant where one is required, notices that meet due process requirements, and coordination among code enforcement, police, and the city prosecutor.
“When a massage business is being used for illegal activity, permitting alone may not resolve the problem. Agencies should consider the full range of available legal tools, including those directed at the property and its owner.” Curtis Wright, Managing Partner at Serviam by Wright LLP
How Serviam Can Help
Serviam advises cities and counties on massage establishment enforcement, including ordinance review, permit program design, administrative citations, municipal prosecution, Red Light Abatement Act actions, and receiverships. Learn more about our nuisance abatement and code enforcement practices.
