Indio Day Spa Loses License Over 1,000-Foot Massage Rule, Fights Back

A boutique day spa in Indio is fighting to keep its doors open after the city refused to renew its business license in connection with massage services and a 1,000-foot residential-neighborhood restriction. Mama Clark Beauty, which moved from La Quinta to 43990 Golf Center Parkway in Indio in 2024, now finds itself at the center of a debate over how California desert cities regulate massage therapy versus traditional entertainment businesses.

The spa obtained its Indio business license in 2024 after relocating from La Quinta, according to NBC Palm Springs. But the city is now refusing to renew that license because the business offers massage services, citing a 2022 city ordinance that prohibits massage businesses from operating within 1,000 feet of a residential community. Clark moved the spa from neighboring La Quinta to Indio, according to a Facebook video posted by the spa.

Mama Clark Beauty offers facials, lash services, and massage therapy, and has asked Indio to reconsider the ordinance and renew its license, per the same NBC Palm Springs report. The spa's staff includes massage therapist Nickole Marie Bench, who provides therapeutic treatments to clients including cancer patients and people living with dementia, according to the Facebook account. The same source identifies Clark as the spa's owner.

Entertainment Classification at the Heart of the Dispute

The city's 2022 ordinance classifies massage as entertainment rather than health care, a categorization that Mama Clark Beauty has argued unfairly penalizes legitimate wellness businesses. Massage therapy is among the spa's services, according to the spa's Facebook account. The City of Indio classifies stand-alone massage establishments under entertainment business regulations rather than healthcare or wellness services, per the same Facebook video.

That classification puts Indio's approach in tension with state law. California's Massage Therapy Act, under Business and Professions Code Section 4600 et seq., establishes statewide voluntary certification through the California Massage Therapy Council, while Government Code Section 51034 prohibits cities from regulating CAMTC-certified massage businesses as adult entertainment.

Why Indio Adopted the 1,000-Foot Buffer

Indio's restrictive approach includes a 1,000-foot buffer from residential communities for massage businesses, while the League of California Cities discusses local regulation. Indio's 1,000-foot rule is central to the dispute over how the city regulates massage businesses.

Neighboring cities have taken different regulatory paths. Desert Hot Springs updated its municipal code in November 2022 to mandate CAMTC certification for all massage practitioners and establish detailed operational and health standards, according to the City of Desert Hot Springs. La Quinta, where Mama Clark Beauty originally operated, is referenced as the spa's former location.

City Council and Community Push for Change

Indio officials are now considering changes to city rules governing massage businesses. Indio Councilmember Wayman Furman has suggested allowing legitimate spas to offer massage therapy under appropriate regulations, saying the ordinance may be outdated and should be reconsidered, per NBC Palm Springs. Furman also said he supports maintaining safeguards against illicit activity, adding that appropriate regulations could include business hours, zoning requirements, licensing, and other rules.

Councilmember Elaine Holmes questioned whether the existing rules reflect Indio's growth and the popularity of wellness services, saying the city has grown and evolved since the ordinance was adopted. The spa's Facebook account calls for the city to revise the 2022 ordinance. Indio's city manager reported that staff are working on options for greater flexibility while maintaining appropriate regulations, per the NBC Palm Springs report.

What Happens Next

The dispute remains unresolved for now. Indio's city council meeting scheduled for September 2 was listed as canceled, and the city hopes to bring the massage ordinance issue back before the council during its September meeting, with the next regular meeting scheduled for September 9. Massage therapy can be an important part of businesses that also offer facials and other wellness treatments, and wellness businesses across the city are affected by how the ordinance is ultimately resolved.