The purpose and intent of the Board of Supervisors in enacting the ordinance codified in this chapter is that the public health, welfare, safety, and interest require the licensing and regulation of establishments, services, and persons defined in Section 6.36.020 by providing minimum building, health and sanitation standards for such establishments, and by providing minimum qualifications for persons performing such services.
(Ord. 767, 1977)
For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
means any fraternal, charitable, religious, benevolent, or
any other nonprofit organization having a regular membership association
primarily for mutual social, mental, political, and civic welfare
to which admission is limited to the members and guests and revenue
accruing therefrom is to be used exclusively for the benevolent purposes
of said organization and which organization or agency is exempt from
taxation under the Internal Revenue Laws of the United States as a
bona fide fraternal, charitable, religious, benevolent, or nonprofit
organization, and in which massage or bath services are provided incidental
to its primary operation.
means that person designated by the county as health officer
or his authorized representatives.
means any method of pressure on or friction against, or stroking,
kneading, tapping, pounding, vibrating, or stimulating of the external
parts of another human body with the use of the hands, arms, or other
portion of the body, or with the aid of any mechanical or electrical
apparatus or appliances with or without such supplementary aids as
rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions,
ointments or other similar preparations commonly used in this practice.
Massage also includes the giving of any baths as listed under subsection
H.
means any establishment having a fixed place of business
where any person, firm, association or corporation engages in or carries
on or permits to be engaged in or carried on any of the activities
mentioned in subsections C or H. Any establishment engaged in or carrying
on, or permitting any combination of massage and bathhouse shall be
deemed a massage establishment.
means any person who for any consideration whatsoever engages
in the practice of massage as defined in subsection C unless otherwise
excepted.
means to engage in or perform massage for a fee not at a
massage establishment or school of massage, but at a location designated
by the customer or client, except that this shall not include any
massage performed under the direction of a qualified practitioner
of the healing arts, chiropractic, or physical therapy.
means any individual, copartnership, firm, association, joint
stock company, corporation, or combination of individuals of whatever
form or character.
means any place, including a private club or organization,
except as otherwise provided, wherein any person, firm, association,
corporation, or partnership engages in, conducts, or carries on, or
permits to be engaged in, conducted, or carried on the giving or furnishing
of Russian, Finnish, Swedish, hot air, vapor, electric cabinet, steam,
mineral, sweat, salt, Japanese, sauna, fomentation or electric baths
or baths of any kind whatever, excluding ordinary tub baths or showers
where an attendant is not required.
means any school or institution of learning which has for
its purpose the teaching of the theory, method, profession, or work
of massage, which school requires a resident course of study not less
than one hundred eighty class hours to be given in not less than three
calendar months before the student shall be furnished with a diploma
or certificate of graduation from such school or institution of learning
following the successful completion of such course of study or learning,
and which school has been approved pursuant to § 29007.5 of the
Education Code of the State of California.
(Ord. 767, 1977)
It is unlawful for any person to engage in, conduct, or carry on, or to permit to be engaged in, conducted, or carried on, in or upon any premises in the county the operation of a massage establishment as defined in § 6.36.020 without first having obtained a permit from the county after approval by the requisite county officers. It is unlawful for any person to act as a masseur, masseuse, instructor, trainee, or to take any other position of employment with a massage establishment or school of massage without first having obtained a permit from the county after approval by the requisite county officers.
(Ord. 767, 1977)
A.
Every
applicant for a permit to maintain, operate, or conduct a massage
establishment or a school of massage shall file an application with
the county Sheriff upon a form provided and shall pay a filing fee
of five hundred dollars, which shall not be refundable. Applicant
includes an individual owner, managing partner, or corporate manager.
B.
Every person employed by a massage establishment, including any person who engages in the practice of massage as defined in § 6.36.020, and every instructor and trainee in a school of massage shall file an application with the county Sheriff upon a form provided and shall pay a filing fee of one hundred dollars, which shall not be refundable.
C.
The
permit, when issued, shall state whether it is for a massage establishment,
for a school of massage, for a masseur or masseuse, for a massage
establishment employee who is not authorized to perform a massage,
or for an instructor or trainee in a school of massage.
(Ord. 767, 1977)
Applications for permits shall be submitted to the county Sheriff.
Every application shall furnish the following information:
A.
The
type of permit applied for;
B.
The
name and residence address including all aliases by which the applicant
has been known;
C.
The
two previous residence addresses immediately prior to the present
residence address of the applicant;
D.
Written
proof that the applicant is at least eighteen years of age;
E.
The
applicant's height, weight, color of eyes and hair;
F.
Two
recent portrait photographs of the applicant at least two inches by
two inches;
G.
Business,
occupation, or employment of the applicant for the three years immediately
preceding the date of application;
H.
The
applicant's social security number and driver's license
number, if any;
I.
The
massage or similar business license or permit history of the applicant;
whether such person has previously operated in this or another county
or state under license or permit revoked or suspended and the reason
therefor; and the business activity or occupation subsequent to such
action of suspension or revocation;
J.
Whether
the applicant has ever been arrested for or convicted of:
1.
An
offense involving conduct which required registration pursuant to
§ 290 of the Penal Code,
2.
An
offense involving the use of force and violence upon the person of
another that amounts to a felony,
3.
An
offense involving sexual misconduct with children,
4.
An
offense as defined in California Penal Code §§ 311, 315,
316, 318, 266a, 266b, 266d, 266e, 266f, 266g, 266h, 647 subdivision
(a), 647 subdivision (b), 647 subdivision (d), 647x, or any violation
of Penal Code § 182,
5.
Conspiracy
to violate any of the aforesaid sections of the California Penal Code,
or,
6.
The
commission or the equivalent of any of the aforesaid sections of the
California Penal Code.
K.
Whether
such person is or has ever been licensed or registered as a prostitute,
or otherwise authorized by the laws of any other jurisdiction to engage
in prostitution in such other jurisdiction. If any person mentioned
in this subsection has ever been licensed or registered as a prostitute,
or otherwise authorized by the laws of any other state to engage in
prostitution, a statement must be made giving the place of such registration,
licensing or legal authorization, and the inclusive dates during which
such person was so licensed, registered, or authorized to engage in
prostitution;
L.
The
location at which the permittee is to be employed;
M.
Such
other identification and information necessary to discover the truth
of matters specified in this section as required to be set forth in
the application.
(Ord. 767, 1977)
An applicant for a permit as a masseur, masseuse, or instructor
must furnish a diploma or certificate of graduation from a recognized
school of massage wherein the method, profession, and work of massage
is taught.
A.
The
county Sheriff shall accept as meeting the training requirement of
this section satisfactory evidence that the applicant has attended
not less than three months as a recognized school within or without
this state or in any foreign country that provides education substantially
equal to or in excess of the educational requirements of this chapter.
B.
Two
years' bona fide experience as a masseur or masseuse in a massage
establishment attested to in writing by a person other than the applicant
may be substituted for the requirement of a diploma or certificate
of graduation from a recognized school or other institution of learning
wherein the method and work of a massage is taught.
(Ord. 767, 1977)
An application for a permit to operate a massage establishment
shall set forth the exact nature of the massage or baths to be administered
and the proposed place of business and facilities therefor.
(Ord. 767, 1977)
If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of the officers, directors, and each stockholder holding more than ten percent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the names and residence address of each of the partners including limited partners. If one or more of the partners is a corporation, the provisions of §§ 6.36.050 through 6.36.120 pertaining to a corporate applicant apply.
(Ord. 767, 1977)
Every application shall be accompanied by a certificate from
a physician licensed to practice medicine in the state that the applicant
has been treated within the previous thirty days in a manner to be
approved by the health officer and has been found to be free of all
contagious, infectious, and communicable disease.
(Ord. 767, 1977)
Every application for a school of massage shall be accompanied
by:
A.
Proof
of approval pursuant to § 29007.5 of the Education Code of the
State of California;
B.
A statement
of the educational and experience qualifications and the names and
residence addresses of all directors, administrators, and instructors;
C.
A copy
of the course outline, schedule of tuition, fee and other charges,
regulations pertaining to tardiness and absence, grading policy, and
rules of operation and conduct.
(Ord. 767, 1977)
Every application for a permit under this chapter shall be verified
by affidavit or by declaration, or certification under penalty of
perjury as provided in the California Code of Civil Procedure.
(Ord. 767, 1977)
The application shall be referred to the county Sheriff who
shall take the fingerprints and confirm the height and weight of the
applicant. Nothing contained in this chapter shall be construed to
deny the right of said county Sheriff to require additional photographs,
information or identification of the applicant.
(Ord. 767, 1977)
Copies of an application for a massage establishment or school
of massage permit shall be referred to the chief building official,
the fire chief, the health officer, the director of planning, and
the county Sheriff who shall inspect the premises proposed to be operated
as a massage establishment and shall make written recommendations
to the county Sheriff concerning compliance with the codes that they
administer.
All other applications shall be referred to the health officer
and county Sheriff for their approval or written recommendations.
(Ord. 767, 1977)
A.
The county Sheriff shall issue a massage trainee permit to any person who qualifies for such permit who files an application under §§ 6.36.050 through 6.36.120 and who is currently registered and attending a recognized school of massage in the county, except that the county Sheriff may refuse, revoke, or suspend a permit for the reasons set forth in § 6.52.150. No such trainee shall perform any of the services enumerated in § 6.36.020, except that such trainee may engage in massage services within the school premises under the direction of a qualified instructor and in his presence.
B.
Such
trainee permit shall be valid for a period of three months and shall
not be renewed or extended except for a delay of requisite training
due to accident, illness, or other valid reason.
C.
The
applicant for a trainee permit must submit a letter signed by the
owner, manager, or director of the recognized school showing that
the applicant is currently accepted for or enrolled in a course of
study leading to a degree or certificate of graduation.
D.
The
trainee permit may be extended by the county Sheriff for a period
of three months or until the trainee has completed at least one hundred
eighty hours of instruction in a recognized school of massage upon
a showing of good cause by the trainee contained in a written application
to the county Sheriff.
(Ord. 767, 1977)
The county Sheriff shall issue all other permits after the application
has been reviewed and approved except that for good cause the county
Sheriff may refuse, revoke, or suspend a permit for a massage establishment,
a school of massage, or for any other applicant or permittee for any
of the following reasons to be set forth fully in writing and delivered
to the applicant or permittee:
A.
That
the operation as proposed by the applicant if permitted will not or
does not comply with all applicable laws including but not limited
to ordinances relating to building, health, planning, housing, zoning
and fire protection, and other applicable codes which the departments
named in this chapter have a responsibility to administer, including
the regulations adopted by the health officer;
B.
That the applicant or any other person who will be directly engaged in the management and operation of a massage establishment or school of massage has been arrested or convicted of any of the offenses enumerated in subsection J of § 6.52.050, or convicted of an offense outside the state that would have constituted any of the described offenses if committed within the state. A permit may be issued to any person arrested or convicted of any of the crimes described if such arrest or conviction occurred more than seven years prior to the date of the application and the applicant has not had subsequent felony arrests or convictions of any nature and no subsequent misdemeanor arrests or convictions for crimes mentioned in that section;
C.
That
the applicant has been licensed or registered in any state as a prostitute;
D.
That
the character of the neighborhood or district is not a proper or suitable
place in which to conduct or maintain such business or calling;
E.
In any
case where any of the provisions of this chapter are violated or where
the permittee or any employee including a masseur, a masseuse, instructor,
or trainee, is engaged in any conduct at a massage establishment or
school of massage which violates any state or local law or ordinances,
or where the permittee of a massage establishment or school of massage
has actual or constructive knowledge of such violations, or where
such permittee by the exercise of due diligence should have had actual
or constructive knowledge of any such violation, or in any case where
such permittee or any other person whatever acting on his behalf refuses
to allow any duly authorized building inspector, police officer, or
health officer of the county to inspect the premises or the operations
therein;
F.
Upon
the recommendation of the Merced County health officer that such business
is being managed, conducted, or maintained without regard for the
public health, or for the health of patrons or customers, or without
due regard to proper sanitation and hygiene.
(Ord. 767, 1977)
Any refusal to issue a permit, suspension, or revocation under the provisions of § 6.36.150 is appealable to the Board of Supervisors as provided by law.
(Ord. 767, 1977)
Permits issued under the provisions of §§ 6.36.150 and 6.36.160 shall be valid for a period of one year from the date of issuance and shall be renewable annually.
(Ord. 767, 1977)
A.
Application for the renewal of a masseur or masseuse permit shall be accompanied by a non-refundable one hundred dollar filing fee, and shall contain the same information as in § 6.52.050, excluding therefrom subsections D, G, H, and I.
B.
The
application shall be referred to the county Sheriff who shall have
the right to confirm the identity of the applicant by taking fingerprints
and additional photographs and shall have the right to confirm the
height and weight and criminal record of the applicant.
C.
The
application shall be accompanied by a certificate from a physician
licensed to practice medicine in the state that the applicant has
been tested within the previous thirty days in a manner to be approved
by the health officer and has been found to be free of all contagious,
infectious, and communicable disease.
(Ord. 767, 1977)
Upon sale, transfer, or relocation of a massage establishment
or school of massage, the permit therefor shall be null and void;
provided, however, that upon the death or incapacity of the permittee,
the massage establishment may continue in business for a reasonable
period of time, not to exceed three months, to allow for an orderly
transfer of the permit. No such permittee shall operate under any
name or conduct his business under any designation or at any location
not specified in the permit. Any masseur, masseuse, instructor, trainee,
or other employee may continue to use a valid and unexpired permit
at any other massage establishment or school of massage as authorized
upon written notice to the county.
(Ord. 767, 1977)
The following facilities are required in a massage establishment:
A.
No permit
to conduct a massage establishment shall be issued until an inspection
has been made by a building inspector, fire chief, health officer,
and county Sheriff.
B.
Construction
of rooms used for toilets, tubs, steam baths, and showers shall be
made in accordance with the state and county building codes. Plumbing
fixtures shall be installed in accordance with said codes.
C.
Toilet
facilities shall be provided in convenient locations. Separate toilet
facilities shall be provided for male and female and shall be designated
as to the sex accommodated therein.
D.
Lavatories
or wash basins provided with both hot and cold running water shall
be installed in either the toilet room or the vestibule. Lavatories
or wash basins shall be provided with soap in a dispenser and with
sanitary towels.
E.
All
portions of massage establishments and baths shall be provided with
adequate light and ventilation as approved by the public health officer.
When windows or skylights are used for ventilation, at least one-half
of the total required window area shall be operable.
F.
To allow
for adequate ventilation, cubicles, rooms, and areas provided for
patrons' use not served directly by a required window, skylight,
or mechanical system of ventilation shall be constructed so that the
height of partitions does not exceed seventy-five percent of the floor-to-ceiling
height of the area in which they are located.
G.
No cubicle,
room, booth, or any area within a massage establishment which is used
for giving massages shall be fitted with a door capable of being locked.
H.
All
electrical equipment shall be installed in accordance with the requirements
of the county electrical code.
(Ord. 767, 1977)
A.
A school
of massage shall have the same facilities as required of a massage
establishment.
B.
A school
of massage permit shall not be issued for the same location as a massage
establishment.
(Ord. 767, 1977)
No person shall conduct or operate a massage establishment or
service between the hours of eleven p.m. and six a.m. of the following
day.
(Ord. 767, 1977)
A.
Every
portion of a massage establishment or school of massage including
appliances, apparatus, and personnel shall be kept clean and operated
in a sanitary condition.
B.
All
masseurs, masseuses, instructors, and trainees shall be clean and
wear clean outer garments, the use of which is restricted to the massage
establishment. A separate dressing room for each sex must be maintained
on the premises, with individual lockers for each employee or trainee.
Doors to such dressing rooms shall open inward and shall be self-closing.
C.
Each
massage establishment and school of massage shall be provided with
clean, laundered sheets and towels in sufficient quantity which shall
be laundered after each use thereof and stored in an approved and
sanitary manner. Each massage table shall be provided with clean sheets
and towels prior to each use. No towels or sheets shall be laundered
or dried in any massage establishment. Approved receptacles shall
be provided for the storage of soiled linens and paper towels.
D.
Wet
and dry heat rooms, shower compartments, and toilet rooms shall be
thoroughly cleaned each day the business is in operation. Bathtubs
and shower compartments shall be thoroughly cleaned with a disinfectant
after each use.
E.
No massage
establishment or school of massage, whether located in any building
originally constructed for residential or sleeping purposes or not,
shall be used for residential or sleeping purposes.
(Ord. 767, 1977)
A.
The
operator of a massage establishment must maintain a register of all
persons employed on the premises and their permit numbers. Such register
shall be available for inspection during regular business hours by
any county Sheriff's deputy or county health officer.
B.
The
operator of a school of massage must maintain a register of all persons
employed on the premises and of all trainees or students. Such register
shall be available for inspection during regular business hours by
any county Sheriff's deputy or county health officer.
(Ord. 767, 1977)
A.
The
county Sheriff shall provide each masseur, masseuse, instructor, or
trainee, or other employee granted a permit with an identification
nameplate which shall contain a photograph of and the first name and
permit number of said masseur, masseuse, instructor or trainee which
must be worn on the front of the outermost garment at all times during
the hours of employment or training.
B.
Every
permit which has been granted pursuant to the provisions of this chapter
to a massage establishment or school of massage shall be displayed
in a conspicuous place so that the same may be readily seen by persons
entering the premises.
(Ord. 767, 1977)
It is unlawful for any owner, proprietor, manager, or other
person in charge of any massage establishment or school of massage
to employ any person who is not at least eighteen years of age.
(Ord. 767, 1977)
A.
Every
permittee of a massage establishment or school of massage shall keep
a daily register, approved as to form by the Sheriff's department,
of all patrons or customers, with names, addresses, and hours of arrival
and the rooms or cubicles assigned, if any, or of the location of
any massage given under the direction of a practitioner of the healing
arts, chiropractic, or physical therapy, and with the name of the
employee providing any such massage services. Said daily register
shall at all times during business hours be subject to inspection
by a health officer or a police officer and shall be kept on file
for one year.
B.
Every
permittee of a massage establishment or school of massage shall post
the following signs in a conspicuous place printed in bold letters
not less than one inch in height:
(Ord. 767, 1977)
The Sheriff's department, building inspection, and the
health department shall from time to time, but not less than twice
a year, make an inspection of each massage establishment in the county
for the purposes of determining that the provisions of this chapter
are being complied with.
(Ord. 767, 1977)
It shall be the responsibility of the permittee for the massage
establishment or school of massage to insure that each person employed
shall first have obtained a valid permit pursuant to this chapter.
(Ord. 767, 1977)
All persons who possess an outstanding business license heretofore
issued for the operation of a massage establishment or school of massage
and all employees thereof must file for a permit within ninety days
of the effective date of this chapter if they qualify under the provisions
contained in this chapter. Failure to do so and continued operation
of said place of business or continued employment without a permit
constitutes a violation of all applicable provisions of this chapter.
(Ord. 767, 1977)
A.
This
chapter shall not apply to hospitals, nursing homes, sanitariums,
or persons holding an unrevoked certificate to practice the healing
arts, chiropractic, or physical therapy under the laws of the state
when lawfully carrying out their particular profession, or persons
working under the direction of any persons in any such establishments,
nor shall this chapter apply to barbers or cosmetologists when lawfully
carrying out their particular profession or business and holding a
valid unrevoked license or certificate of registration issued by the
state.
B.
A bona
fide nonprofit club or organization as defined in this chapter, or
its employees shall be required to obtain a permit, and must conform
to all applicable building, health, fire, and zoning laws and regulations
of the county. The fees for the permits may be waived by the County
Sheriff.
(Ord. 767, 1977)
No massage establishment, school of massage, or any employee
or trainee thereof shall sell, serve, furnish, keep, or possess any
alcoholic beverage on the premises.
(Ord. 767, 1977)
A.
Every
person who violates any provisions of this chapter is guilty of a
misdemeanor, and upon conviction such person shall be punished by
a fine not to exceed one thousand dollars or by imprisonment in the
county jail for a period not to exceed six months or by both such
fine and imprisonment.
B.
Any
owner, operator, manager, or permittee in charge of or in control
of a massage establishment or school of massage who knowingly employs
any person who is not in possession of a valid, unrevoked permit or
who allows such person to practice within such a place of business
is guilty of a misdemeanor, and upon conviction, such person shall
be punished by a fine not to exceed one thousand dollars or by imprisonment
in the county jail for a period not to exceed six months, or by both
such fine and imprisonment.
(Ord. 767, 1977)
