The following physical facility requirements shall be applicable
to all non-exempt massage businesses or establishments, and to all
massage businesses or establishments described in paragraph (1) of
subdivision (b) of Section 4612 of the California Business and Professions
Code:
(A) Except
when there is no staff available to assure security for massage therapy
patrons and staff who are behind closed doors, no massage therapy
may be carried on behind locked, closed doors.
(B) In
lieu of doors to dressing rooms, toilet rooms and massage therapy
rooms or cubicles, draw drapes, curtain enclosures, or accordion-pleated
closures are acceptable on the interior of the facility.
(C) A
massage table shall be used for all massage therapy, with the exception
of "Thai," "Shiatsu," and similar forms of massage therapy, which
may be provided on a padded mat on the floor, provided the patron
is fully attired in loose clothing, pajamas, scrubs or similar style
of garment. Beds, floor mattresses and waterbeds are not permitted
on the premises of the business or establishment.
(Ord. 3937 § 1, 2010)
The following health and safety requirements shall be applicable
to all non-exempt massage businesses or establishments, and to all
massage businesses or establishments described in paragraph (1) of
subdivision (b) of Section 4612 of the California Business and Professions
Code:
(A) The
massage or business establishment shall at all times be equipped with
an adequate supply of clean sanitary towels, coverings and linens,
and all massage tables shall be covered with a clean sheet or other
clean covering for each patron. After a towel covering or linen has
once been used it shall be deposited in a closed receptacle and not
used until properly laundered and sanitized. Clean towels, coverings
and linens shall be stored in closed, clean cabinets when not in use.
(B) All
liquids, creams, or other preparations used on or made available to
patrons shall be kept in clean and closed containers. All bottles
and containers shall be distinctly and correctly labeled to disclose
their contents. When only a portion of a liquid, cream or other preparation
is to be used on or made available to a patron, it shall be removed
from the container in such a way as not to contaminate the remaining
portion.
(C) All bathrobes, bathing suits and/or other garments that are provided for the use of patrons shall be either fully disposable and shall not be used by more than one patron, or shall be laundered after each use pursuant to subsection
(A) of this section.
(D) The
patron's genitals, pubic area, anus, and female patron's breasts below
a point immediately above the top of the areola must be fully draped
at all times while any employee of the business or establishment is
in the massage therapy room or cubicle with the patron. No massage
therapy shall be provided to a patron that results in intentional
contact, or occasional and repetitive contact, with the genitals,
anus, or areola of a patron.
(Ord. 3937 § 1, 2010)
The following attire and physical hygiene requirements shall
be applicable to all massage therapists and practitioners who are
employed or retained by non-exempt massage business or establishment,
or by a massage business or establishment described in paragraph (1)
of subdivision (b) of Section 4612 of the California Business and
Professions Code:
(A) All
persons shall be clean and wear clean and sanitary outer garments
at all times. All outer garments shall be of a fully opaque, nontransparent
material and provide complete covering from at least the mid-thigh
to two inches below the collarbone. The midriff shall not be exposed.
(B) All
persons shall thoroughly wash their hands with soap and water or any
equally effective cleansing agent immediately before providing massage
therapy to a patron.
(Ord. 3937 § 1, 2010)
It shall be a misdemeanor for any owner, proprietor, manager
or other person in charge of any massage establishment or out-call
massage service to employ any person under 18 years of age to provide
massage therapy services.
(Ord. 3937 § 1, 2010)
The City has the right to conduct reasonable inspections during
regular business hours, to ensure compliance with Business and Professions
Code Section 4612(d) and this chapter or other applicable fire and
health and safety requirements.
(A) All
non-exempt massage business or establishments, including those described
in
Business and Professions Code Section 4612(b)(1), shall permit
representatives of the City of Santa Rosa's Police Department, Fire
Department, Community Development, and/or other City departments to
conduct reasonable inspections, during regular business hours, to
ensure compliance with this chapter,
Business and Professions Code
Section 4600 et seq., or other applicable fire, health or safety requirements.
(B) Nothing
in this section shall prohibit the City or its representatives from
pursuing any and all available legal remedies to secure entry into
and inspection of the premises if such entry is refused, or for any
other reason allowed by law.
(C) It
is a violation of this chapter for the business or the establishment
to prohibit or interfere with any lawful inspection of the premises.
(Ord. 3937 § 1, 2010)
Every massage establishment or business shall maintain on its
premises evidence for review by local authorities that demonstrates
that all persons providing massage services hold a valid MTO certificate.
(Ord. 3937 § 1, 2010)
The following provisions shall apply to all non-exempt massage
businesses or establishments, and all massage business or establishments
described in
Business and Professions Code Section 4612(b)(1):
(A) For
the purpose of enforcing the requirements of this chapter, all owners
and operators of the business or establishment shall be responsible
for the conduct of all of their employees, agents, independent contractors
or other representatives, while on the premises of the business or
establishment or providing massage therapy.
(B) Notwithstanding
any other provision of this code, the City may:
(1) Require the business or establishment in its application for a business
tax certificate, or for the renewal of a business tax certificate,
to provide relevant information about the activities of the business
or establishment regulated by this chapter;
(2) Make reasonable investigations into the information so provided;
(3) Charge a fee sufficient to cover the costs of any permit, license
or certificate activities regulated by this chapter; and
(4) Deny, revoke, restrict or suspend a zoning clearance for either of
the following causes: (a) an employee, agent, independent contractor
or other representative of the business or establishment has committed
a violation of this chapter, or of any of the provisions of Business
and Professions Code Section 4600 et seq.; or (b) the business or
establishment has provided materially false information in its application
for a zoning clearance.
(Ord. 3937 § 1, 2010)