This article shall be known as the "Oakdale Massage Establishment
Regulations."
[Ord. No. 1151]
The City Council finds and declares as follows:
(a)
The permit requirements and restrictions imposed by this article
are reasonably necessary to protect the health, safety and welfare
of the citizens of the City of Oakdale;
(b)
The City of Oakdale is authorized, by virtue of the California Constitution
and Government Code Section 51030 et seq., to regulate massage establishments
by imposing reasonable standards relative to the skill and experience
of massage operators and massage technicians and reasonable conditions
on the operation of massage establishments;
(c)
There is a significant risk of injury to massage clients by improperly
trained and/or educated massage technicians and this article provides
reasonable safeguards against injury and economic loss;
(d)
There is opportunity for acts of prostitution and other unlawful
sexual activity to occur in massage establishments. Courts have long
recognized that massage is a pervasively regulated activity and that
massage establishments are often brothels in disguise. The establishment
of reasonable standards for issuance of permits and restrictions on
operations would serve to reduce the risk of illegal activity without
significantly burdening legitimate businesses;
(e)
The restrictions and requirements contained in this article reduce
the burdens on the police department and permit the deployment of
police personnel such that more serious crimes may be prevented and
more important laws enforced; and
(f)
The regulations and restrictions contained in this article tend to
discourage massage establishments from degenerating into houses of
prostitution and the means utilized in this article bear a reasonable
and rational relationship to the goals sought to be achieved.
[Ord. No. 1151]
Unless the context otherwise requires, the definitions and provisions
contained in this section shall govern the construction, meaning and
application of words and phrases used in this article.
(a)
BATH — Shall mean the giving or furnishing of Russian, Finnish,
Swedish, hot air, vapor, electric, cabinet, mineral, sweat, salt,
Japanese, sauna, or fomentation bath, or bath of any kind whatever,
excluding ordinary bath tubs or showers where an attendant is not
required. "Bath" shall also include any form of body shampoo.
(b)
CITY MANAGER — Shall mean the City manager of the City of
Oakdale or his or her designated representative.
(c)
CITY COUNCIL — Shall mean the City Council of the City of
Oakdale.
(d)
CONVICTION, CONVICTED — Shall mean a plea or verdict of guilty
or a conviction following a plea of nolo contendere.
(e)
EMPLOY — Shall include contracting with independent contractors.
(f)
EMPLOYEE — Shall include independent contractors.
(g)
HEALTH DEPARTMENT — Shall mean the Stanislaus County Health
Care Services.
(h)
MANAGER — Shall mean the person(s) designated by the operator of the massage establishment to act as the representative and agent of the operator in managing day-to-day operations with the same liabilities and responsibilities. Evidence of management includes, but is not limited to, evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules or purchase supplies. A manager may also be an operator. A massage technician permit is not required to qualify as a manager. A manager may not perform any massage services without first meeting the standards and qualifications of § 19-128 and obtaining a technician permit.
(i)
MASSAGE — Shall mean any method of treating the external parts
of the body for remedial, hygienic, relaxation or any other reason
or propose, whether by means of pressure on, friction against or stroking,
kneading, tapping, pounding, vibrating, rubbing or other manner of
touching external parts of the body with the hands or with the aid
of any mechanical or electrical apparatus or appliance with or without
supplementary aids such as rubbing alcohol, liniment, antiseptic,
oil, powders, creams, ointment or other similar preparations commonly
used in this practice.
(j)
MASSAGE ESTABLISHMENT — Shall mean any business conducted
within the City of Oakdale where any person, firm, association, partnership,
corporation or combination thereof engages in, conducts, carries on
or permits to be conducted or carried on, for money or any other consideration,
administration to another person of a massage or health treatment
involving massage.
(k)
MASSAGE TECHNICIAN — Shall mean any person who administers
to another person a massage within a massage establishment in exchange
for anything of value whatsoever.
(l)
OPERATOR — Shall mean all persons who have an ownership interest
in the massage establishment and are responsible for its day-to-day
operations.
(m)
PERSON — Shall mean any individual, corporation, partnership,
association or other group or combination thereof acting as an entity.
(n)
POLICE CHIEF — Shall mean the Police Chief of the City of
Oakdale or his or her designated representative.
(o)
POLICE DEPARTMENT — Shall mean the Police Department of the
City of Oakdale.
(p)
QUALIFIED MASSAGE EDUCATIONAL PROGRAM — Shall mean an educational
program, class or course primarily focused on the theory, ethics,
practice, profession or work of massage and meeting one of the following
criteria:
(1)
Provided by a recognized school of massage;
(2)
Approved by the California Board of Registered Nursing;
(3)
Certified by a state or national professional association devoted
to the profession of massage; or
(4)
Offered by an accredited college or university.
Correspondence courses not requiring actual attendance shall
not be deemed a qualified massage educational program.
(q)
RECOGNIZED SCHOOL OF MASSAGE — Shall mean any school or institution
of learning that teaches, through state-certified instructors, the
theory, ethics, practice, profession or work of massage, which school
or institution complies with Education Code Sections 94900 or 94901,
and which requires a resident course of study before the student shall
be furnished with a diploma or certificate of graduation. Schools
offering a correspondence course not requiring actual attendance shall
not be deemed a recognized school.
[Ord. No. 1151]
[Ord. No. 1151]
(a)
Any person seeking an operator permit for a massage establishment
shall file a written application on the required form with the police
chief. The application shall be accompanied by the appropriate filing
fee established by resolution of the City Council. The application
shall be completed and signed by the operator, or authorized representative
thereof, of the proposed massage establishment. The permit application
does not authorize the operation of a massage establishment unless
and until such permit has been properly granted. The application shall
contain or be accompanied by the following information:
(1)
The type of ownership of the business. If the applicant is a
corporation, the name of the corporation shall be set forth exactly
as shown in its articles of incorporation or charter, together with
the state and date of incorporation and the names and residential
addresses of each of its current officers and directors, and of each
stockholder holding more than five percent of the stock of that corporation.
If the applicant is a partnership, the application shall set forth
the name and residence of each of the partners, including limited
partners. If it is a limited partnership, it shall furnish a copy
of its certificate of limited partnership filed with the Secretary
of State. If one or more of the partners is a corporation, the provisions
of this subsection pertaining to corporations shall apply. A corporate
or partnership applicant shall designate one of its officers or general
partners to act as its responsible managing officer. Such designated
persons shall complete and sign all application forms required for
an individual applicant under this article, but only one application
fee shall be charged;
(2)
The precise name under which the massage establishment is to
be conducted;
(3)
The complete address and all telephone numbers of the massage
establishment;
(4)
A complete and current list of the names and residential addresses
of all proposed massage technicians and employees in the massage establishment
and the name and residential addresses of the manager(s) proposed
to be principally in charge of the operation of the massage establishment;
(5)
The proposed hours of operation of the massage establishment,
provided such establishment is not open between the hours of ten p.m.
and six a.m., No massage appointment will be scheduled after nine
p.m.
(6)
A description of any other business operated on the same premises
or within the City of Oakdale or the State of California which is
owned or operated by the applicant;
(7)
The following personal information concerning the applicant:
a.
Full complete name and all aliases used by the applicant;
b.
Current address and telephone number and all previous residential
addresses for eight years preceding the date of the application;
c.
Acceptable proof that the applicant is at least eighteen years
of age;
d.
Height, weight, color of hair and eyes and gender;
e.
Two front-faced portrait photographs at least two inches by
two inches in size;
f.
The applicant's complete business, occupation and employment
history for the eight years preceding the date of the application,
including, but not limited to, massage or similar business history
and experience of the applicant;
g.
The complete massage permit history of the applicant: whether
such person has ever had any permit or license, issued by any agency,
board, City, county territory or state; the date of issuance of such
a permit or license; or whether the permit or license was denied,
revoked or suspended and the reasons therefor;
h.
All criminal convictions, including pleas of nolo contendre,
within the last eight years, including those dismissed or expunged
pursuant to Penal Code Section 1203.4, but excluding minor traffic
violations, and the date and place of each such conviction and explanation
thereof;
i.
A complete set of fingerprints taken by the police department;
(8)
The name and address of the owner and lessor of the real property
upon which the business is to be conducted. In the event the applicant
is not the legal owner of the property, the application must be accompanied
by a copy of the lease and a notarized acknowledgment from the owner
of the property that a massage establishment will be located on his
or her property;
(9)
Authorization for the City, its agents and employees to seek
verification of the information contained in the application;
(10)
Such other identification and information as the police chief
may reasonably require in order to discover the truth of the matters
herein specified and as required to be set forth in the application;
(11)
A statement in writing and dated by the applicant that he or
she certifies under penalty of perjury that all information contained
in the application is true and correct;
(12)
Statements in writing and dated by the applicant and the applicant's
designated manager(s) certifying under penalty of perjury that they;
(b)
If, during the term of a permit, the permit holder has any change
in information submitted on the original or renewal application, the
permit holder shall notify the police department of such change in
writing within ten business days thereafter.
[Ord. No. 1151]
(a)
Upon receipt of a complete permit application, the police chief shall
conduct an investigation to ascertain whether such permit should be
issued as requested. The police chief shall, within sixty days of
receipt of an application, approve, conditionally approve or deny
the application. The sixty-day period may be extended for up to thirty
additional days, if necessary, to complete the investigation. The
police chief shall issue such permit as requested, unless he or she
makes any of the following findings:
(1)
The applicant, or any officers, directors or partners, or any
person directly engaged or employed in the massage establishment,
has within the eight years preceding the date of the application:
a.
Been convicted of a violation of Penal Code Sections 266, 266a,
266b, 266d, 266e, 266f, 266g, 266h, 266i, 314, 315, 316, 318, 647(a),
647(b) or 647(d) or any other provision of law pursuant to which a
person is required to register under the provisions of Penal Code
Section 290 or when the prosecution accepted a plea of guilty or nolo
contendre to a charge of a violation of Penal Code Section 415 or
any lesser included or lesser related offense in satisfaction of,
or as a substitute of, any of the previously listed crimes;
b.
Been convicted of a violation of Health & Safety Code Section
11550 or any offense involving the illegal sale, distribution or possession
of a controlled substance specified in Health & Safety Code Sections
11054, 11055, 11056, 11057 or 11058;
c.
Been convicted of any offense in any other state which is the
equivalent of any of the above-mentioned offenses;
d.
Been subjected to a permanent injunction against the conducting
or maintaining of a nuisance pursuant to Penal Code Section 11225
et seq. or any similar provisions of law in a jurisdiction outside
the State of California;
e.
Been convicted of an act involving dishonesty, fraud, deceit
or moral turpitude or an act of violence, which act or acts are related
to the qualifications, functions or duties of an operator;
f.
Has had an operator or massage technician permit or other similar
license or permit denied, suspended or revoked for cause by a licensing
authority or by any City, county or state;
(2)
The applicant has made a false, misleading or fraudulent statement
or omission of fact to the City in the permit application process.
(4)
The massage establishment, as proposed by the applicant, does
not comply with all applicable laws, including, but not limited to,
health, zoning, fire and safety requirements and standards.
(5)
The applicant has not satisfied the requirements of this article
in the time specified.
(b)
All operators and managers shall comply with the following conditions
to the operator permit and any other reasonable conditions imposed
by the police chief:
(1)
Prohibited massage areas. Except to the extent required, in
writing, by a state-licensed medical practitioner, no massage technician
shall massage the genitals or anal area of any patron or the breast(s)
of any female patron, nor shall any operator or manager of a massage
establishment allow or permit such massage. No operator or manager,
while performing any task or service associated with the massage establishment,
shall be present in any room with another person unless the person's
genitals, anus are fully covered.
(2)
Names. No operator granted a permit pursuant to this section
shall use any name or conduct business under any designation not specified
in his or her permit.
(3)
Manager/operator available to respond within thirty minutes
to the premises. The manager/operator of the massage establishment
is not required to be on the premises at all times during hours of
operation. However, if the manager/operator cannot respond within
thirty minutes, the manager/operator(s) shall file a statement with
the police chief designating the person with power to act as a manager
who is available to respond within thirty minutes. The operator shall
also file with the police chief a statement, signed and dated by each
manager designated after permit issuance, certifying under penalty
of perjury that they:
(4)
Licensed massage technician on premises. During the hours of
operation, the massage establishment shall have at least one massage
technician holding a current valid massage technician permit for the
specific establishment on the premises.
(5)
Operator/manager responsibility. The operator and on-duty manager
shall be responsible for the conduct of all employees while the employees
are on the licensed premises. An act or omission of any employee constituting
a violation of the provisions of this article shall be deemed the
act or omission of the operator for purposes of determining whether
the operator permit shall be revoked, suspended, denied or renewed.
(6)
Licensed massage technicians. The operator or manager shall
not employ any person as a massage technician who does not have a
valid massage technician permit issued pursuant to this article. The
operator shall report to the police chief any change of employees,
whether by new or renewed employment, discharge or termination, on
the form and in the manner required by the police chief. The report
shall contain the name of the employee and the date of hire or termination.
The report shall be made within five days of the date of hire or termination.
The operator shall deliver the permit and photo identification card
of any massage technician no longer employed by the operator to the
police chief within five days of employment termination. The operator/manager
shall notify the Oakdale Police Department if it is not possible to
retrieve the technician's permit.
(7)
Insurance. No person shall engage in, conduct or carry on the
business of a massage establishment unless there is on file with the
police chief, in full force and effect at all times, documents issued
by an insurance company authorized to do business in the State of
California evidencing that the operator is insured under a liability
insurance policy providing minimum coverage of five hundred thousand
dollars for injury or death arising out of the operation of the massage
establishment and/or the administration of a massage. Each operator
shall provide the police chief with evidence of insurance within forty-five
days of the date of issuance of the permit.
(8)
Compliance with Code. The operator shall comply with all provisions
of this article and any applicable provisions of the Oakdale Municipal
Code.
(9)
Inspections and searches. By applying for a permit, the operator consents to the inspection of the massage establishment by City's building department, police department, and the fire department and Stanislaus County Health Department for the purpose of determining that the provisions of this article or other applicable laws or regulations are met. The operator consents to the inspection of the occupied massage rooms by a member of the Oakdale Police Department dressed in plainclothes for the purpose of determining that the provisions of this article are met upon occurrence of any of the conditions described in Article VIII, which would require the posting of the Notice to All Patrons. The member shall knock, announce his presence, and request that the technician answer the door. The technician shall exit the room within a reasonable period of time.
[Ord. No. 1151]
(a)
Any person seeking a massage technician permit shall file a written
application on the required form with the police chief. The application
shall be accompanied by the appropriate filing fee established by
resolution of the City Council. The application shall contain the
following information:
(1)
A statement of the exact location at which the applicant will
be working as a massage technician, including the full street address
and all telephone numbers associated with the location. Massage technicians
who provide services to patrons at a residence, business, or other
location shall maintain a current ledger that, at a minimum, provides
information on the date and time of the appointment, the length of
time at the appointment, and the address where the service was provided.
The patron's name and other personal information shall be omitted
from the ledger. Massage technicians shall keep their ledgers for
a period of not less than two years. The ledger will be subject to
inspection by the Oakdale Police Chief or designee upon request.
(2)
The following personal information of the applicant:
a.
Full complete name and all aliases used by the applicant;
b.
Current address and telephone number and all previous residential
addresses for the eight years preceding the date of the application;
c.
Acceptable written proof that the applicant is at least eighteen
years of age;
d.
Height, weight, color of hair and eyes and gender;
e.
Two front-faced portrait photographs at least two inches by
two inches in size;
f.
The business, occupation and employment history of the applicant
for the eight years immediately preceding the date of the application;
g.
The complete massage permit history of the applicant: whether
such person has ever had any permit or license, issued by any agency,
board, City, county, territory or state; the date of issuance of such
a permit or license; or whether the permit or license was denied,
revoked or suspended and the reasons therefor;
(3)
All criminal convictions, including pleas of nolo contendere,
within the last eight years, including those dismissed or expunged
pursuant to Penal Code Section 1203.4, but excluding minor traffic
violations, and the date and place of each such conviction and explanation
thereof;
(4)
A complete set of fingerprints taken by the police department;
(5)
Authorization for the City, its agents and employees to seek
verification of the information contained in the application;
(6)
Such other identification and information as the police chief
may reasonably require in order to discover the truth of the matters
herein specified and as required to be set forth in the application;
(7)
A statement in writing and dated by the applicant certifying
under penalty of perjury that all information contained in the application
is true and correct;
(9)
An original or certified copy of a diploma or certificate and
certified transcript of graduation for completion of two hundred fifty
hours of instruction from a qualified massage educational program.
a.
The police chief may consider an applicant's study of massage
completed outside the State of California if proof of completion from
a formalized course of study in massage practice, anatomy and/or physiology
is provided with the application. Proof of completion shall include
dates of study and the name, address and phone number of the school
attended.
b.
Any out-of-state course of study submitted for approval shall
meet the State of California's Office of Post-Secondary Education's
minimum requirements and be for completion of two hundred fifty hours
of on-premises training.
(b)
If, during the term of a permit, a permit holder has any change in
information submitted on the original or renewal application, the
permit holder shall notify the police department of such change in
writing within ten business days thereafter.
[Ord. No. 1151]
(a)
Upon receipt of a complete permit application, the police chief shall
conduct an investigation to ascertain whether such permit should be
issued as requested. The police chief shall approve, conditionally
approve or deny the application within sixty days of the filing of
an application. The sixty-day period may be continued for up to thirty
additional days, if necessary, to complete the inspection. The police
chief shall issue such permit as requested, unless he or she makes
any of the following findings:
(1)
The applicant has within eight years preceding the date of the
application been convicted of any of the following:
a.
A violation of Penal Code Sections 266, 266a, 266b, 266d, 266e,
266f, 266g, 266h, 266i, 314, 315, 316, 318, 647(a), 647(b) or 647(d)
or that the applicant is required to register under the provisions
of Penal Code Section 290 or when the prosecution accepted a plea
of guilty or nolo contendere to a charge of a violation of Penal Code
Section 415 or any lesser included or lesser related offense in satisfaction
of, or as a substitute for, any of the previously listed crimes;
b.
A violation of Health & Safety Code Section 11550 or any
offense involving the illegal sale, distribution or possession of
a controlled substance specified in Health & Safety Code Sections
11054, 11055, 11056, 11057 or 11058; or
c.
Any offense in any other state which is the equivalent of any
of the above-mentioned offenses;
d.
An act involving dishonesty, fraud, deceit or moral turpitude
or an act of violence, which act or acts are substantially related
to the qualifications, functions or duties of a massage technician;
(2)
The applicant has had an operator permit or massage technician
permit or other similar license or permit denied, suspended or revoked
for cause by a licensing authority or by any City, county or state
within eight years prior to the date of the application.
(3)
The applicant has knowingly made a false, misleading or fraudulent
statement or omission of fact to the City in the permit application
process.
(5)
The applicant has not satisfied the requirements of this article
in the time specified.
(b)
All massage technicians shall comply with the following conditions
and any other reasonable conditions specified by the police chief
on issuance of the massage technician permit.
(1)
Prohibited massage areas. Except to the extent required, in
writing, by a state-licensed medical practitioner, no massage technician
shall massage the genitals or anal area of any patron.
(2)
Covering. No massage technician shall massage any patron unless
the person's genitals, and anus are fully covered at all times
while the technician is present in the same room as the patron.
(3)
Identification cards. The massage technicians shall have on
their possession or on the premises a photo identification card prepared
and issued by the City. Such identification shall be provided to City
regulatory officials upon demand. The identification card shall be
placed on outer clothing with the photo side facing out. If a massage
technician changes his or her business address, he or she shall, prior
to such change, obtain from the police chief a new photo identification
card and advise the police department, in writing, of the new business
address.
(4)
(Reserved)
(5)
Names. While on duty, the massage technician shall not use any
name other than that specified on the photo identification card.
(6)
Clothing. The massage technician shall be fully clothed at all
times. Clothing shall be of a fully opaque, nontransparent material
and provide complete covering of the genitals, pubic area, buttocks,
anal area and chest.
(7)
Inspections and searches. The massage technician consents to
the inspection of the massage establishment by the City's building
department, police department, and the fire department and Stanislaus
County Health Department for the purpose of determining that the provisions
of this article or other applicable laws or regulations are met. The
massage technician consents to the inspection of the occupied massage
rooms by a member of the police department for the purpose of determining
that the provisions of this article are met upon occurrence of any
of the conditions described in § 19-131(b)(16) which would
require the posting of the Notice to All Patrons. The member shall
knock, announce his presence, and request that the technician answer
the door. The technician shall exit the room within a reasonable period
of time.
[Ord. No. 1151]
(a)
Facilities.
(1)
Structure. Massage establishments shall be located in a zoning
district, which permits such use. When a new massage establishment
is constructed, three sets of plans shall be submitted to the City
and the health department for approval and shall be accompanied by
the appropriate plan check fee.
(2)
Signs; display of permits. Each operator shall post and maintain, in compliance with existing state and City laws, a readable sign identifying the premises as a massage establishment. The sign and the front of the business shall not be illuminated by strobe or flashing lights. Each operator and/or on-duty manager shall display the operator permit in a conspicuous public place in the lobby of the massage establishment. Each operator and/or on-duty manager shall ensure the massage technician permit for each massage technician employed at the establishment (whether on-duty or not) is conspicuously displayed in a public place in the lobby, and that each massage technician is wearing the identification required by § 19-130(b)(3) at all times when in the massage establishment. The operator and/or on-duty manager must also post, on a daily basis in a conspicuous public place in the lobby, the name of the operator and on-duty manager, as well as all on-duty massage technicians. Finally, the hours of operation must be posted in the front window and clearly visible from the outside.
(3)
Services list. Each operator shall post and maintain a list
of services available and the cost of such services in a conspicuous
public place within the premises. No massage establishment may offer
baths as a service unless the patron is bathing in a room alone. No
operator or on-duty manager shall permit, and no massage technician
shall offer or perform, any service other than those posted.
(4)
Lighting. Each operator shall provide in each room where massage
is given sufficient lighting and ventilation that complies with the
Uniform Building Code. The lighting in each massage room shall be
activated at all times while the patron is in such room or enclosure.
(5)
Restroom facilities. A minimum of one toilet and one separate
wash basin shall be provided for patrons in each massage establishment,
which basin shall provide soap or detergent and hot running water
at all times and shall be located within close proximity to the area
devoted to massage services. A soap dispenser, filled with soap, and
a single service towel dispenser shall be provided at the restroom
handwash sink. No bar soap may be used. A trash receptacle shall be
provided in each toilet room. Showers may be provided at the operator's
option.
(6)
Maintenance. All facilities for the massage establishment must
be in good repair and shall be thoroughly cleaned and sanitized each
day the business is in operation. All walls, floors and ceilings of
each restroom and shower area shall be made smooth and easily cleanable.
No carpeting shall be installed in any of these areas.
(7)
Handicapped areas. Massage establishments shall comply with
all state and federal laws and regulations for handicapped customers.
(8)
Doors. All front, reception, hallway or front exterior doors
(except back or exterior doors used solely for employee entrance to
and exit from the massage establishment) shall be unlocked during
business hours, except as may be permitted by applicable law (such
as the Uniform Fire Code) which allow for safety doors which may be
opened from the inside when locked. No massage may be given within
any cubicle, room, enclosure or any area within a massage establishment
which is fitted with a lock of any kind (such as a locking door knob,
padlock, dead bolt, sliding bar or similar device), unless the only
door is an exterior door.
(b)
Operations.
(1)
Equipment. Each operator and/or on-duty manager shall provide
and maintain on the premises adequate equipment for disinfecting and
sterilizing instruments used in massage.
(2)
Inspections. The operator and/or on-duty manager consents to
the inspection of the massage establishment by the City's building
department, police department and the fire department and health department
for the purpose of determining that the provisions of this article
or other applicable laws or regulations are met.
a.
The City's building department, police department and the
fire department and health department may, from time to time, make
an inspection of each massage establishment for the purpose of determining
that the provisions of this article, state law or other applicable
laws or regulations are met. Routine inspections shall not occur more
than twice a year, unless violations are found or complaints are received.
Criminal investigations may be conducted as directed by the police
chief. The police department may inspect the occupied massage rooms
for the purpose of determining that the provisions of this article
are met upon occurrence of any of the conditions described in § 19-131(b)(15)
which would require the posting of the Notice to All Patrons. During
an inspection, the police department may verify the identity of all
on-duty employees.
b.
Inspections of the massage establishment shall be conducted
during business hours.
c.
An operator or his or her agent, servant or employee, commits
an offense if he or she refuses to permit a lawful inspection of the
premises by a representative of the police department at any time
it is occupied or open for business.
(3)
Clothing. All persons employed in the massage establishment
shall be fully clothed at all times while present at the massage establishment.
Clothing shall be of a fully opaque, nontransparent material and shall
provide complete covering of the genitals, pubic area, buttocks, anal
area and chest.
(4)
Roster of employees. The operator and/or on-duty manager shall
maintain a register of all employees showing the name, nicknames and
aliases used by the employee, residential address, age, birth date,
gender, height, weight, color of hair and eyes, phone numbers, date
of employment and termination, if any, and duties of each employee.
The above information on each employee shall be maintained in the
register on the premises for a period of two years following termination.
The operator and/or on-duty manager shall make the register of employees
available immediately for inspection upon demand of a representative
of the police department at all reasonable times.
(5)
Linen. Common use of towels or linen shall not be permitted.
Towels and linen shall be laundered or changed promptly after each
use. Separate cabinets or containers shall be provided for the storage
of clean and soiled towels or linen.
(6)
Living prohibited. No person or persons shall be allowed to
live inside the massage establishment at any time. All living quarters
shall be separate from the massage establishment. No food of any kind
shall be prepared for sale or sold in the establishment unless an
appropriate food vending permit is granted by the County of Stanislaus.
(7)
Recordings. No electrical, mechanical or artificial device shall
be used by the operator or any employee of the massage establishment
for audio and/or video recording or for monitoring the performance
of a massage or the conversation or other sounds in the massage rooms
without the knowledge or consent of the patron.
(8)
Coverings. Each massage establishment shall provide to all patrons
clean, sanitary and opaque coverings capable of covering the patrons
specified anatomical areas, including the genital area, anus and female
breast(s). No common use of such coverings shall be permitted, and
re-use is prohibited unless adequately cleaned.
(9)
Records or treatment. The operator shall keep a record of the
dates and hours of each treatment or service, the name and address
of the patron, the name of technician administering such service and
a description of the treatment or service rendered. A short medical
history form shall be completed by the patron to determine if the
patron has any communicable diseases, areas of pain, high blood pressure
or any physical condition which may be adversely affected by massage.
These records shall be prepared prior to administering any massage
or treatment and shall be retained for a period of twenty-four months
after such treatment or service. These records shall be open to inspection
upon demand only by officials charged with enforcement of this article
and for no other purpose. The police department shall periodically
inspect the records to ensure compliance with this section. The information
furnished or secured as a result of any such records should be used
only to ensure and enforce compliance with this article or any other
applicable state or federal laws and shall remain confidential. Any
unauthorized disclosure or use of such information by any officer
or employee of the City shall constitute a misdemeanor.
(10)
Advertising. No massage establishment shall place, publish or
distribute, or cause to be placed, published or distributed, any advertising
matter that depicts female breasts showing nipples, genitals, or the
anus.
(11)
Access. No person(s) other than valid permit holders under this
article and customers will be allowed anywhere in the massage establishment
other than the lobby/reception area during hours of operation. Entry
doors to any room shall not be obstructed by any means. Student(s)
enrolled in a school of massage therapy or those who have recently
graduated from such a school are exempted from this requirement if
for lab credit and/or as a learning exercise.
(12)
Sexual paraphernalia. Instruments, devices or paraphernalia
that are designed for use in connection with sexual activities, including,
but not limited to, condoms, shall not be permitted within a massage
establishment.
(13)
Compliance. Massage establishments shall comply with all applicable
provisions of the Oakdale Municipal Code.
(14)
Notices. The police chief may require that the following notice be posted in the event that any employee of the massage establishment or any person who has been aided and abetted by an employee of the massage establishment has been found, after full hearing by administrative proceeding or state court, to have violated any of the offenses listed in § 19-127 and § 19-130:
NOTICE TO ALL PATRONS
THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE
COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY THE OAKDALE POLICE
DEPARTMENT WITHOUT PRIOR NOTICE.
a.
The notice set forth above shall be prepared and issued by the
Police Chief.
b.
The notices shall be conspicuously posted in a location within
the massage establishment that are easily visible to any person entering
the premises and in each massage room. The notice shall be so posted
for twelve months following the violation of any of the offenses set
forth above.
c.
The requirement for posting the notice described in this subsection
is cumulative and in addition to all other remedies, violations and
penalties set forth in this article or in the ordinances, laws, rules
or regulations of the City, County of Stanislaus and the State of
California.
[Ord. No. 1151]
(a)
Every massage establishment operator shall report immediately to
the police department any and all changes of ownership or management
of the massage establishment or business, including, but not limited
to, changes of manager or other person principally in charge, stockholders
holding more than five percent of the stock of the corporation, officers,
directors and partners in any and all changes of name, style or designation
under which the business is to be conducted and all changes of address
or telephone numbers of the massage business. A change of location
of any of the premises may be approved by the police chief provided
there is compliance with all applicable regulations of the City of
Oakdale.
(b)
No massage technician permit or operator permit may be sold, transferred
or assigned by a permittee, or by operation of law, to any other person
or persons. Any such sale, transfer or assignment, or attempted sale,
transfer or assignment, shall be deemed to constitute a voluntary
surrender of such permit and such permit shall thereafter be null
and void; provided and excepting, however, that if the permittee is
a partnership and one or more of the partners should die, one or more
of the surviving partners may acquire, by purchase or otherwise, the
interest of the deceased partner or partners without effecting a surrender
or termination of such permit, and in such case, the permit, upon
notification to the police chief, shall be placed in the name of the
surviving partners. No massage technician permit may be sold, transferred
or assigned by a permittee or any operation of law to any other person
or persons.
[Ord. No. 1151]
The City Council shall establish by resolution, and from time
to time may amend, the fees for the administration of this article.
The City may include in this resolution a health services fee schedule
prescribing annual fees to be paid by the operator of each massage
establishment, such fees to be paid directly to the health department
and retained by the county as reimbursement for the services related
to this article. Fees required by this article shall be in addition
to any required by this Code.
[Ord. No. 1151]
(a)
The requirements of this article shall have no application and no
effect upon and shall not be construed as applying to any persons
designated as follows: state-licensed physicians, surgeons, chiropractors,
physical therapists, osteopaths or any registered or licensed vocational
nurse working on the premises of, and under the direct supervision
of, a state-licensed physician, surgeon, chiropractor or osteopath.
Practical nurses or other persons without qualifications as massage
technicians, whether employed by physicians, surgeons, chiropractors
or osteopaths or not, may not give massage or massage procedures.
(b)
Commencing on the effective date of this article, all permits shall
be issued in accordance with the provisions of this article.
(c)
Existing operator and massage technician permits shall continue in
effect until expiration. All existing permit holders shall have an
additional twenty-four months from the effective date of this article
to meet and comply with the two hundred fifty-hour training requirement.
[Ord. No. 1151]
(a)
No permit issued hereunder shall be transferable to any other person
or establishment; provided, however, an additional location or change
of location of a massage technician permit will be allowed upon prior
written notice to the police chief and payment of the appropriate
transfer fee.
(b)
Permits for operators and technicians shall be renewed on a year-to-year
basis provided that the permittee continues to meet the requirements
set out in this article.
(c)
Applications for permit renewal shall be filed with the police chief
before the expiration of the existing permit. Temporary permits will
not be issued and renewal applications must be filed no later than
sixty days prior to the expiration of the permit to prevent a lapse
of the permit.
(d)
Renewal applications shall include such information as may be required
by the police chief to update the information contained in the original
permit application. The applicant shall accompany the application
for renewal with the appropriate filing fee.
[Ord. No. 1151]
(a)
Violation and noncompliance. The police chief may refuse to renew
a permit or may revoke or suspend an existing permit on the grounds
that the permit holder has failed to comply with the permit conditions
or other requirements of this article. If a suspended permit lapses
during the suspension period, a new application must be filed at the
end of the suspension period. In any such case, the permit holder
shall have the right to appeal in the time and manner set forth in
this section.
(b)
Revocation and suspension of operator permit.
(1)
The police chief may revoke or refuse to renew a permit if he or she makes any of the findings for denial of a permit under § 19-127(A), finds violation(s) of § 19-127(b)(1) or (b)(6), upon any subsequent violation of any provision within one year following prior suspension under Subsection (2) below or upon demonstrated inability to operate or manage the massage establishment in a law abiding manner, thus necessitating action by law enforcement officers.
(c)
Revocation and suspension of massage technician permit.
(1)
The police chief may revoke or refuse to renew a massage technician permit if he or she makes any of the findings for denial of a permit under § 19-130, finds violation(s) of § 19-130(b), (b)(2) or (b)(6), or upon any subsequent violation of any provision of this article within one year following a suspension under Subsection (2) below;
(d)
Notice. When the police chief concludes that grounds for denial,
suspension, revocation or refusal to renew a permit exist, he or she
shall serve the applicant or permit holder, either personally or by
certified mail addressed to the business or residential address of
applicant or permit holder, with a Notice of Denial or Notice of Intent
to Suspend, Revoke or Refuse to Renew Permit. This notice shall state
the reasons for the proposed action, the effective date of the decision,
the right of the applicant or permit holder to appeal the decision
to the City Council, and that the decision will be final if no appeal
is filed within the time permitted.
(e)
Appeal.
(1)
The right to appeal shall terminate upon the expiration of fifteen
days from the date of mailing of the notice. The notice of appeal
shall be filed with the police department, along with the payment
of any hearing fee which may be established by City Council resolution.
Any hearing fee shall not exceed the reasonable cost to the City of
a hearing.
(2)
In the event an appeal is timely filed, the suspension or revocation
shall not be effective until a final decision has been rendered. If
no appeal is filed, the suspension or revocation shall become effective
upon expiration of the period for filing appeals.
(3)
The City Manager shall appoint a neutral hearing officer in
consultation with the appellant to conduct the hearing, receive relevant
evidence and render a decision. The decision of the hearing officer
shall be final. The appellant shall be entitled to notice of the basis
for the proposed action, a copy of the documents upon which the decision
was based and the opportunity to present contrary evidence at the
hearing.
(4)
Notice of the date, time and place of the hearing shall be mailed
at least ten days prior to the date of the hearing, by U.S. Mail,
with proof of service attached, to the address listed on the application,
or the address given in the Notice of Appeal, if different.
(5)
The following rules and evidence shall apply:
a.
Oral evidence shall be taken only under oath or affirmation.
The hearing officer shall have authority to administer oaths and to
receive and rule on admissibility of evidence;
b.
Each party shall have the right to call and examine witnesses,
introduce exhibits and cross-examine opposing witnesses who have testified
under direct examination. The hearing officer may call and examine
any witness;
c.
Technical rules relating to evidence and witnesses shall not
apply to hearings provided for in this article. Any relevant evidence
may be admitted if it is material and is evidence customarily relied
upon by responsible persons in the conduct of their affairs regardless
of the existence of any common law or statutory rule which might make
admission of such evidence improper over objection in civil actions.
Hearsay testimony may be admissible and used for the purpose of supplementing
or explaining any evidence given in direct examination, but shall
not be sufficient in itself to support a finding unless the testimony
would be admissible over objection in civil actions. The rules of
privilege shall be applicable to the extent they are now or are hereafter
permitted in civil actions. Irrelevant collateral, undue and repetitious
testimony shall be excluded.
(f)
No permit granted herein shall confer any vested right to any person
or business for more than the permit period. All operators, managers
and massage technicians subject to this article shall comply with
the provisions of this article as they may be amended hereafter.
[Ord. No. 1151]
(a)
In any action, administrative proceeding or special proceeding commenced
by the City to abate a public nuisance or to enjoin violation of any
provision of this article, if the City elects, at the initiation of
that individual action or proceeding, to seek recovery of its own
attorneys' fees, the prevailing party shall be entitled to recover
all costs incurred therein, including reasonable attorneys' fees
and costs of suit. In no action, administrative proceeding or special
proceeding shall an award of attorneys' fees to a prevailing
party exceed the amount of reasonable attorneys' fees incurred
by the City in the action or proceeding.
[Ord. No. 1151]
(a)
Violations of this article may be enforced as set forth in the Oakdale
Municipal Code.
(b)
Any massage establishment operated, conducted or maintained contrary
to the provisions of this article shall be, and the same is declared
to be, unlawful and a public nuisance, and the City may, in addition
to or in lieu of prosecuting a criminal action hereunder, commence
an action or actions, proceeding or proceedings for the abatement,
removal and enjoinment thereof, in the manner provided by law, and
shall take such other steps and shall apply to such court or courts
as may have jurisdiction to grant such relief as will abate or remove
such massage establishments and restrain and enjoin any person from
operating, conducting or maintaining a massage establishment contrary
to the provisions of this article.
