This chapter is intended to provide for the orderly regulation
of massage therapists and massage establishments in the interest of
public health, safety, and welfare.
(Ord. No. 895, § 2, 2016)
For the purpose of this chapter, the following words and phrases
are defined and shall be construed as set out in this section, unless
it is apparent from the context that a different meaning was intended:
"Existing massage establishment"
means any massage establishment that was legally established
in or upon any premises within the city between January 1, 2015 and
the effective date of this chapter.
"Massage establishment"
means any establishment where customers can receive a massage
either as a primary or accessory function and where all massage therapists
and practitioners are certified by the California Massage Therapy
Council.
"Massage services"
means any method of treating the external parts of the human
body for remedial, health, or hygienic purposes by means of pressure
on or friction against; or stroking, kneading, rubbing, tapping, pounding;
or stimulating the external parts of the human body with the hands
or other parts of the human body, with or without the aid of any mechanical
or electrical apparatus or appliances; or with or without supplementary
aids, such as rubbing alcohol, liniments, antiseptics, oils, powers,
creams, lotions, ointments, or other similar preparations.
(Ord. No. 895, § 2, 2016)
A. It is
unlawful for any person, firm, partnership or corporation to engage
in, conduct or carry on, or to permit to be engaged in, conducted
or carried on, in or upon any premises within the city, the operation
of a massage establishment or ancillary massage establishment as herein
described, without first having obtained a massage establishment permit,
issued by the city pursuant to the provisions herein set forth. Said
permit shall immediately be surrendered to the planning director upon
suspension, revocation, or expiration of said permit.
B. A separate
massage establishment permit shall be obtained for each separate massage
establishment and/or any change in ownership to a massage establishment.
(Ord. No. 895, § 2, 2016)
The provisions of this chapter shall not apply to:
A. Physicians,
surgeons, chiropractors, osteopaths or physical therapists who are
duly licensed to practice their respective professions in the state;
B. Barbers
and cosmetologists licensed by the state, as defined and to the extent
provided in
Business and Professions Code § 7316 or any
successor provision thereto, who are engaging in practices within
the scope of their licenses, except that this exemption will only
apply to massaging of the neck, face, scalp, hands, or feet that is
ancillary to the primary service being provided by the barber or cosmetologist;
C. Hospitals,
nursing homes, sanitariums or other health care facilities duly licensed
by the state whose employees are acting within the scope of their
employment;
D. Accredited
high schools, junior colleges and colleges or universities whose coaches
and trainers are acting within the scope of their employment.
(Ord. No. 895, § 2, 2016)
Existing massage establishments shall not be exempt from this chapter and must apply for a massage establishment permit within nine months after the effective date of this chapter. The planning director shall grant all timely applications for massage establishment permits by existing massage establishments unless grounds for suspension or revocation exist under section
5.18.100.
(Ord. No. 895, § 2, 2016)
A. Each
application for a massage establishment permit or an annual renewal
required under this chapter shall be accompanied by a nonrefundable
application and investigation fee payable to the city which shall
be set by resolution of the city council.
B. Each
hearing required under this chapter may be subject to a nonrefundable
application and investigation fee payable to the city which shall
be set by resolution of the city council.
C. No refund
or rebate of an application and investigation fee required under this
chapter shall be allowed regardless of whether:
1. The
massage establishment permit has been suspended or revoked;
2. The
holder of the massage establishment permit discontinues an activity
for which a massage establishment permit is required pursuant to this
chapter.
D. The
fees required under this section shall be in addition to any fee required
under any other provisions of this Code or ordinance heretofore or
hereafter adopted.
(Ord. No. 895, § 2, 2016)
A. Any
person, firm, corporation, or partnership desiring to obtain a permit
to operate a massage establishment shall make application under penalty
of perjury of the laws of the state, to the director.
B. The
applicant, if a corporation or partnership, shall designate one of
its officers or general partners to act as its responsible managing
employee. Such person shall complete and sign all application forms
required of an individual applicant under this chapter; however, only
one application fee shall be charged. The corporation's or partnership's
responsible managing employee must, at all times, meet all of the
requirements established for permittees by this chapter or the corporation
or partnership permit shall be suspended until a responsible managing
employee who meets such requirements is designated. If no such person
is found within 90 days, the corporation or partnership permit shall
be deemed canceled without further notice and a new initial application
for permit must be filed.
C. Submission
of the application for a massage establishment permit does not authorize
the applicant to engage in, conduct, or carry on the operation of
a massage establishment. No business shall be conducted until such
permit has been granted.
D. Each
applicant for a massage establishment permit shall submit the following
information to the planning department:
1. The
legal name, address, and telephone number of the massage establishment;
2. A
description of services to be provided at the massage establishment;
3. A
description of any other businesses operated on the premises;
4. A
floor plan indicating how the operation of a massage establishment
is proposed to be conducted within the premises;
5. The
legal name of all owners and managers of the massage establishment;
6. The
home address and telephone number of all owners of the massage establishment,
any previous home addresses for a period of five years immediately
prior to the date of the application, and the dates of residence at
each;
7. A
valid and current driver's license, photo identification issued by
a state or federal governmental agency, or photographic identification
bearing a bona fide seal by a foreign government for each owner of
the massage establishment;
8. The
form of business under which the massage establishment will be operating;
9. A
signed statement from each owner of the massage establishment indicating
that:
a. All of the information contained in the application is true and correct;
b. Each owner shall be responsible for the conduct of the massage establishment's
employees and any independent contractors providing massage services
at the massage establishment;
c. Each owner acknowledges that failure to comply with any local, state,
or federal law may result in the revocation of the massage establishment
permit;
10. The massage license and registration history of each owner of the
massage establishment, including:
a. Whether the owner has operated any massage establishment or similar
business or occupation within any other city, county, or state;
b. Whether any license or registration certificate previously obtained
by the owner was revoked, suspended, or denied and, if so, the reason(s)
therefore and any employment obtained subsequent to any revocation,
suspension, or denial;
11. The employment history of each owner of the massage establishment
for a period of five years immediately prior to the date of the application,
including:
a. The dates of employment for each position;
b. Whether the owner, or a former employer of the owner during the owner's
period of employment, was subject to an abatement proceeding under
California
Penal Code §§ 11225—11235 or any similar
provisions of law in a jurisdiction outside the state;
12. For each owner of the massage establishment that is certified by
the California Massage Therapy Council (CAMTC), a copy of the owner's
current certification from CAMTC as a certified massage practitioner,
certified massage therapist, or conditionally certified massage practitioner,
and a copy of the owner's CAMTC-issued identification card;
13. For each owner of the massage establishment that is not certified
by CAMTC, current fingerprints taken by a certified California Live
Scan Fingerprinting Center for the purpose of conducting a background
check on behalf of the city to determine the criminal history of the
owner, including whether the owner has been convicted of any felony,
misdemeanor, infraction, or municipal code violation or has been held
liable for any administrative or civil action for an act that is substantially
related to the practice of massage;
14. The name of each person to be employed or retained by the massage
establishment to perform massage services for compensation, a copy
of that person's current certification from CAMTC as a certified massage
practitioner, certified massage therapist, or conditionally certified
massage practitioner, and a copy of that person's CAMTC-issued identification
card;
15. The name and address of the owner of the real property upon, in,
or from which the massage establishment will be operated. In the event
that the owner of the massage establishment is not the owner of the
real property, the application shall include a copy of any written
lease between massage establishment and the property owner authorizing
use of the premises for a massage establishment or, if there is no
written lease, a written, notarized acknowledgment from the property
owner declaring that the property owner has been advised that a massage
establishment will be operated by the applicant upon, in, or from
the property owner's real property;
16. Proof of current and valid workers' compensation insurance from an
insurer authorized to do business in the state, in an amount as required
by law;
17. Authorization for the city, its employees and agents to seek information
and conduct an investigation into the truth of the statements set
forth in the application and the qualifications of the applicant for
the massage establishment permit;
18. The name of the individual to receive notices on behalf of the massage
establishment;
19. Any other information necessary to discover the truth of the matters
required to be set forth in the application.
E. Any
changes to the information provided in the application during the
period that the city is reviewing the application shall be immediately
reported to the city. Failure to report such changes shall result
in denial of the application.
(Ord. No. 895, § 2, 2016)
A. The
planning director shall be the approving authority for massage establishment
permits.
B. If it
is clear from the face of the application and supplementary materials
that the applicant is not qualified for the massage establishment
permit, or if the required fee has not been paid, the application
may be denied without further investigation.
C. Upon
receipt of an application for a massage establishment permit, the
planning director shall refer the application to other city departments,
as appropriate, for review of the application and inspection of the
premises to ensure compliance with applicable local, state and federal
laws and regulations, including, but not limited to, building, health,
and fire safety regulations.
D. The
city may conduct additional investigations in a manner authorized
by law when necessary to determine if the applicant meets the qualifications
for a massage establishment permit pursuant to this chapter.
E. Upon
acceptance of a complete application, the planning director shall
issue or deny the application for a massage establishment permit within
60 calendar days of the submission of the completed application. When
necessary, the planning director may extend the time to issue or deny
the permit.
F. If prosecution
is pending against the applicant or any owner for either conduct violating
this chapter's provisions or conduct violating Business and Professions
Code § 4600 et seq., the planning director may postpone
the decision on the application until the prosecution's final resolution.
As used in this subsection, prosecution means charges filed by the
district attorney, administrative proceedings brought by a local government
or agency, or a civil or criminal action maintained by the city attorney
or prosecuting attorney.
(Ord. No. 895, § 2, 2016)
A. The planning director shall issue a massage establishment permit if the applicant meets the requirements of this chapter and no grounds for denial exist under section
5.18.090. The planning director may impose conditions on the permit consistent with this chapter and applicable law. No permit granted herein shall confer any vested right to any person for more than the permit period.
B. If the
owner of the massage establishment is not the owner of the real property
upon, in, or from which the massage establishment will be operated,
the planning director may send a written notice to the property owner
advising of the issuance of the permit and of the regulations applicable
to the massage establishment. The police chief may also provide the
property owner with copies of any other notices or communications
with the massage establishment owner sent at any time before or after
issuance of the permit.
C. A massage establishment permit issued pursuant to the terms of this chapter shall be valid for a term of one year and shall expire on the same date as the business license of the massage establishment pursuant to title
5 of this code. An application to renew the permit shall be submitted at least 30 days prior to the expiration of the current permit.
(Ord. No. 895, § 2, 2016)
A. The
planning director may deny an application for a massage establishment
permit on any of the following grounds:
1. The
massage establishment would not comply with the requirements of this
chapter or other applicable law, rule or regulation, including, but
not limited to any local or state building, fire, zoning and health
regulations;
2. The
applicant or any owner of the massage establishment has engaged in
fraud or misrepresentation or has knowingly made a misstatement of
material fact in the application for a massage establishment permit;
3. The
applicant or any owner of the massage establishment has been the subject
of a permanent injunction against the conducting or maintaining of
a nuisance pursuant to California
Penal Code §§ 11225—11235,
or any similar law in any state or other jurisdiction;
4. The
applicant or any owner of the massage establishment has had any license,
certificate or permit to practice massage or somatic therapy, or to
own and/or operate a massage establishment suspended, revoked, withdrawn
or denied;
5. The
applicant or any owner of the massage establishment has been convicted
in a court of competent jurisdiction of any offense that relates directly
to the conduct or operation of a massage establishment, or of any
offense the commission of which occurred on the premises of a massage
establishment or while performing out-call massage services;
6. The
applicant or any owner of the massage establishment has been convicted
in a court of competent jurisdiction of having violated, or has engaged
in conduct constituting a violation of any of the following offenses:
California
Penal Code §§ 266, 266a, 266e, 266f, 266g,
266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22, or conspiracy
or attempt to commit any such offense, or any similar offense in any
state or other jurisdiction, whether or not any criminal prosecution
has been pursued or conviction obtained for such acts;
7. The
applicant or any owner of the massage establishment has been successfully
prosecuted under the Red Light Abatement Act (California
Penal Code
§ 11225 et seq.) or any similar law in another jurisdiction;
8. The applicant or any owner of the massage establishment is currently required to register pursuant to the Sex Offender Registration Act (chapter 5.5 commencing with section 290 of title
9 of part 1 of the California
Penal Code), or any similar law in any state or other jurisdiction;
9. The
applicant or any owner of the massage establishment has engaged in
any other unprofessional conduct or violation of any applicable law,
rule or regulation that is substantially related to the providing
of massage services.
(Ord. No. 895, § 2, 2016)
A. All
massage establishment owners and operators shall be deemed to know
and understand the requirements and prohibitions of this chapter.
Any massage establishment permit issued pursuant to this chapter may
be suspended or revoked by the planning director, where they find
that any of the following have occurred:
1. The
owner, operator, or any person employed or retained by the massage
establishment has violated any provision of this chapter, or other
applicable law, rule or regulation;
2. The
owner, operator, or any person employed or retained by the massage
establishment has engaged in fraud or misrepresentation or has knowingly
made a misstatement of material fact while working in or for the massage
establishment;
3. The
owner, operator, or any person employed or retained by the massage
establishment has been the subject of a permanent injunction against
the conducting or maintaining of a nuisance pursuant to this code,
or California
Penal Code §§ 11225—11235, or any
similar law in any state or other jurisdiction;
4. The
owner, operator, or any person employed or retained by the massage
establishment has been convicted in a court of competent jurisdiction
of any offense that relates directly to the conduct or operation of
a massage establishment, or has at any time been convicted in a court
of competent jurisdiction of any offense the commission of which occurred
on the premises of a massage establishment or while performing out-call
massage services;
5. The
owner, operator, or any person employed or retained by the massage
establishment has been convicted in a court of competent jurisdiction
of having violated, or has engaged in conduct constituting a violation
of any of the following offenses: California
Penal Code §§ 266,
266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or
653.22, or conspiracy or attempt to commit any such offense, or any
similar offense in any state or other jurisdiction, whether or not
any criminal prosecution has been pursued or conviction obtained for
such acts, and whether or not such acts occurred with or without the
actual knowledge of the owner;
6. The owner, operator, or any person employed or retained by the massage establishment is currently required to register pursuant to the Sex Offender Registration Act (chapter 5.5 commencing with section 290 of title
9 of part 1 of the California
Penal Code), or any similar law in any state or other jurisdiction;
7. The
owner of the massage establishment has continued to operate the massage
establishment after the massage establishment permit has been suspended;
8. Massage
services have been performed for compensation by a person who is not
a CAMTC-certified massage professional, with or without the actual
knowledge of the owner of the massage establishment;
9. The
owner, operator or any person employed or retained by the massage
establishment has engaged in conduct or committed acts that a reasonable
person in the client's position would understand as an offer to perform
on or engage in with a client acts that are sexual in nature or that
involve the touching of the client's genitals, pubic area, anus, or
areola;
10. The owner, operator or any person employed or retained by the massage
establishment has engaged in any other unprofessional conduct or violation
of any applicable law, rule or regulation that is substantially related
to the providing of massage therapy.
(Ord. No. 895, § 2, 2016)
A. Where
there are grounds to deny, suspend or revoke a massage establishment
permit, the planning director shall provide 15 calendar days prior
written notice, mailed to the last known address of the owner of the
massage establishment, specifying the grounds for such action. The
decision of the planning director shall be based on a preponderance
of the evidence.
B. For
the purposes of this chapter, including imposing the one-year moratorium
period pursuant to this section, the decision of the planning director
on the denial, suspension or revocation of the massage establishment
permit shall become final, and not subject to any right of appeal,
upon any of the following circumstances:
1. The
owner has failed to file a timely notice of appeal;
2. The
owner has ceased business operations on or prior to the hearing date
on the notice of appeal;
3. The
owner has failed to appear at the appeal hearing.
C. The
owner may appeal the decision of the planning director by filing a
written notice of appeal with the city clerk within 15 calendar days
after deposit of the decision in the mail, specifying in detail the
grounds for such appeal. The notice of appeal shall be accompanied
by a nonrefundable fee established by the city's then current fee
schedule. Failure to file a timely appeal will be considered a failure
on the part of the owner to exhaust his or her administrative remedies
for the purpose of seeking judicial review. In the event an appeal
is timely filed, the suspension or revocation of a massage establishment
permit shall not be effective until a final decision has been rendered
by the city manager.
D. The
city manager or designee shall hear and decide all appeals de novo.
The city clerk shall provide at least ten calendar days prior written
notice of the date, time, and place of the hearing.
E. After
the hearing on the appeal, the city manager may refer the matter back
to the planning director for a new investigation and decision, may
affirm or modify the decision of the planning director, or may overturn
the decision of the planning director. Upon the revocation of a massage
establishment permit, the massage establishment shall immediately
cease operation, and, if so ordered by the city manager, no other
massage establishment shall be permitted to operate at that location
by any person for a period of not less than one year ("the moratorium
period").
F. The
decision of the city manager shall be rendered within 30 days from
the close of the hearing, and shall be mailed to the last known address
of the owner of the massage establishment. If the owner of the massage
establishment is not also the legal owner of the real property on
which the massage establishment is situated, notice of such denial,
suspension or revocation and, if applicable, the one-year moratorium
period, shall be provided to the owner of record of the property as
shown on the latest county assessment roll.
G. The
decision of the city manager shall be final and shall be subject to
judicial review according to the provisions and time limits set forth
in California
Code of Civil Procedure § 1094.6.
H. Notwithstanding
any other provision of this chapter, where a notice of revocation
or suspension has been issued by the planning director to the owner
of a massage establishment, the planning director shall not issue
a massage establishment permit for a new massage establishment at
the same location unless and until such notice of revocation or suspension
is dismissed by the planning director; or a final determination is
made that the current massage establishment permit is not or should
not be suspended or revoked; or any suspension or moratorium period
imposed pursuant to this section has expired.
(Ord. No. 895, § 2, 2016)
A. No massage
establishment shall be established within 1,000 feet of any other
massage establishment. This requirement shall not apply to ancillary
massage establishments or existing massage establishments.
B. No massage
establishment shall be kept open for business between the hours of
9:00 p.m. of one day and 9:00 a.m. of the following day. A massage
begun any time before 9:00 p.m. must nevertheless terminate at 9:00
p.m. The hours of operation of the massage establishment shall be
displayed in a conspicuous public place in the reception and waiting
area and in any front window clearly visible from outside of the massage
establishment.
C. The
owner and manager of a massage establishment shall be responsible
for displaying the city registration certificate and the CAMTC registration
certificate of each and every certified massage practitioner employed
in the business in an open and conspicuous place on the premises.
Passport-size photographs of the massage establishment permit holder
shall be affixed to the respective permit on display pursuant to this
section.
D. The
massage establishment shall be supervised, during all hours of operation,
by a manager specified in the massage establishment permit application.
The manager shall wear a badge with the manager's name and it should
clearly state the word "manager" on the badge. The name of the manager
on duty shall be posted in a conspicuous place within the reception
area daily.
E. The
owner and manager shall maintain a register of all employees or rent-space
massage therapists. The employee register shall be maintained on the
premises for a minimum period of two years following an employee's
termination. The owner and manager shall make the employee register
immediately available for inspection upon demand by a representative
of the police department or the city at all reasonable times. The
employee register shall include, but not be limited to the following
information:
1. The
name, nicknames and/or aliases used by an employee or rent-space massage
therapist;
2. A
high quality color photocopy of a lawfully issued CAMTC certificate
for each employee and rentspace therapist that provides massage services;
3. The
home address and relevant phone numbers (including but not limited
to home and cellular numbers) of each employee and rent-space therapist;
4. The
age, date of birth, gender, height, weight, color of hair and eyes
of each employee and rentspace therapist;
5. The
date of employment and termination, if applicable, or, in the case
of a rent-space therapist, the start and end dates of the lease agreement,
as well as a copy of the employment agreement for each employee;
6. The
duties of each employee.
F. For
each massage service provided, every massage establishment shall keep
a complete and legible written record of the following information:
1. The
date and hour that service was provided;
3. The
name or initials of the employee entering the information;
4. The
name of the employee administering the service.
G. The
records required under this section shall be open to inspection and
copying by the police department, or other city officials charged
with enforcement of this chapter. These records may not be used by
any massage establishment owner or employee for any purpose other
than as records of service provided and may not be provided to other
parties by any person unless otherwise required by law. The records
shall be retained on the premises of the massage establishment for
a period of two years.
H. All
massage establishment owners and their employees shall wear clean
outer garments. The garments shall not include any of the following:
1. Attire
that is transparent or see-through, or substantially exposes the employee's
undergarments;
2. Swim
attire, if not providing a water-based massage modality accepted by
CAMTC;
3. Attire
that exposes the employee's genitals, pubic areas, buttocks, or breasts;
4. Attire
worn in a manner that constitutes a violation of California Penal
Code § 314;
5. Attire
worn in a manner that is otherwise deemed by CAMTC to constitute unprofessional
attire based on the custom and practice of the massage profession
in the state.
I. At all
times during the massage services, the client's genitals shall be
fully covered and contact shall not be made with the genitals.
J. The
premises' exterior doors and the doors separating the waiting or reception
area from the remainder of the premises shall remain unlocked during
business hours (including electronic locking devices) or when clients
are present. External doors may only be locked during business hours
if the massage establishment is a business entity owned by one individual
with one or no employees or independent contractors who are not employees
of the business and there is no staff available to assure security
for clients and staff behind closed doors.
K. Clients
and visitors shall be permitted in the massage establishment only
during the hours of operation.
L. Clients
shall be permitted in massage rooms only if at least one CAMTC certified
massage professional is present on the premises of the massage establishment.
M. No visitors
shall be permitted in massage rooms except the parents or guardian
of a minor child who is a client; a minor child when necessary for
the client's supervision of the child; or the conservator, aide, or
other caretaker of a client.
N. No visitors
shall be permitted in break rooms, dressing rooms, showers, or any
other room or part of the massage establishment premises other than
the reception and waiting area or the toilets.
O. Except
for a client who is inside a massage therapy room for the purpose
of receiving a massage, no clients or visitors shall be permitted
in or on the massage establishment premises at any time who are less
than fully clothed in outer garments of nontransparent material, or
who display or expose themselves in underclothing or similar intimate
apparel.
P. A list
of services available and the cost of such services shall be posted
in an open and conspicuous public place on the premises, or provided
to clients before services are rendered. The services shall be described
in English and may also be described in such other languages as may
be convenient. No massage establishment shall permit, and no person
employed or retained by the massage establishment shall offer to perform,
any services or request or demand fees other than those posted.
Q. All
payments for massage therapy services, including gratuities or tips,
shall be made only in the designated reception and waiting area and
not in the massage therapy room. Any gratuities or tips that are solicited
from the client in violation of this provision shall be presumed to
be for the purpose of committing a sexually related act and may be
grounds for the suspension or revocation of the owner's massage establishment
permit.
R. No condoms,
or written material or merchandise of a sexually explicit nature,
shall be furnished, used, stored or kept on the premises of a massage
establishment.
S. The
use or possession of adult-oriented merchandise in or on any part
of a massage establishment is expressly prohibited.
T. No electrical,
mechanical or artificial device shall be used by 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 therapy
room or cubicle, without the knowledge or written consent of the client.
U. The
massage establishment shall fully maintain current and valid workers'
compensation insurance as required by law at all times. Proof of insurance
shall be maintained on the premises at all times.
V. No alcoholic
beverages shall be sold, served, furnished, kept, consumed, or possessed
on the premises of any massage establishment.
W. Controlled
substances must not be consumed in a massage establishment unless
the person has a prescription for the substance.
X. No owner,
operator, or any person employed or retained by the massage establishment
shall permit, and no rent-space therapist shall offer or perform,
any service other than those permitted under this chapter.
Y. A massage
establishment shall not be used for residential or sleeping purposes
unless the massage establishment is properly zoned and has all necessary
use permits, and the massage establishment is owned by one individual
with one or fewer employees or independent contractors.
Z. Massage
establishment personnel or any massage therapist shall not inquire
as to whether any client is a peace officer.
(Ord. No. 895, § 2, 2016)
A. No massage
services shall be given in any room or space enclosed or divided by
walls and fitted with a door capable of being locked from the inside.
This section shall not apply to the massage establishment's external
doors and shall not operate to prohibit a massage establishment from
locking its external doors if the massage establishment is owned by
one individual with one or no employees or independent contractors.
B. A list
of services available and the cost of the services shall be posted
in an open and conspicuous public place on the premises. The services
shall be described in English and any other languages that the massage
establishment chooses. Only services on the posted list shall be performed.
C. Minimum
lighting consisting of at least one artificial light of not less than
40 watts shall be provided and shall be operating in each room or
enclosure where massage services are being performed on clients, and
in all areas where clients are present.
D. Massage
establishments shall at all times be equipped with an adequate supply
of clean sanitary towels, coverings, and linens. Clean towels, coverings,
and linens shall be stored in enclosed cabinets. Towels and linens
shall not be used on more than one client, unless they have first
been laundered and disinfected. Disposable towels and coverings shall
not be used on more than one client. Soiled linens and paper towels
shall be deposited in separate, approved receptacles.
E. All
walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and
all other physical facilities, shall be in good repair and maintained
in a clean and sanitary condition.
F. Adequate
bathing, dressing, locker and toilet facilities shall be provided
for clients. A minimum of one tub or shower; one dressing room containing
a separate locker for each client to be served, which locker shall
be capable of being locked; as well as a minimum of one toilet and
washbasin, shall be provided in every massage establishment; provided,
however, that if male and female clients are to be served simultaneously
at the massage establishment, separate bathing, massage room(s), dressing
room(s), and toilet facilities shall be provided for male and female
clients. This requirement may be modified upon approval of the planning
director if the services provided or site plan do not necessitate
some or all of these facilities.
G. A minimum
of one wash basin for employees shall be provided at all times. The
basin shall be located within or as close as practicable to the area
devoted to performing massage services. Sanitary towels shall also
be provided at each basin. Hot and cold running water shall be provided
at all times.
H. In the
reception area, in letters that are a minimum of one inch in height,
a notice in English (and any other language that the massage establishment
chooses) that provides substantially as follows: This massage establishment
and the massage rooms do not provide complete privacy and are subject
to inspection by city and health officials without prior notice.
I. No room
or space enclosed or divided by walls and fitted with a door where
massage services are performed shall be equipped with any electronic,
mechanical, or artificial device used or capable of being used, for
the recording or videotaping of visual images and/or sound.
J. Wet
and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms,
shower and bath rooms, tanning booths, whirlpool baths and pools shall
be thoroughly cleaned and disinfected as needed or required.
K. Table
showers, water tables, sitz massage tables, vichy showers and similar
devices are prohibited.
L. Standard
or portable massage tables shall be used with a durable, washable
plastic or other waterproof material as a covering. The tables shall
be sanitized after each use.
M. A massage
establishment shall operate only under the name specified in its massage
establishment permit.
N. No massage
establishment located in a building or structure with exterior windows
fronting a public street, highway, walkway, or parking area shall
block visibility into the interior reception and waiting area through
the use of curtains, closed blinds, tints, or any other material that
obstructs, blurs, or unreasonably darkens the view into the premises.
(Ord. No. 895, § 2, 2016)
A. It shall
be the responsibility of the massage establishment permittee who employs
or allows any person acting or purporting to act as a massage therapist,
or the employer of any person acting or purporting to act as a massage
therapist, to ensure that such person complies with the requirements
of this chapter and all laws.
B. The
massage establishment permittee shall be held responsible for the
conduct of all persons on the premises who engage in providing the
service of massage therapy. Any act or omission of any person giving
massage therapy, or any service of massage therapy, shall be deemed
the act or omission of the holder of the massage establishment permit
for the purposes of determining whether the permit may be revoked,
suspended, or denied. Proof of knowledge of any violation of this
section shall not be required for purposes of suspension, revocation,
or denial of a massage establishment permit.
(Ord. No. 895, § 2, 2016)
If at any time during the duration of a permit issued under
this chapter a permittee ceases to do business as a massage establishment,
the permittee shall:
A. Return
any permit issued under this chapter to the planning director within
five business days;
B. Notify
the business license department.
(Ord. No. 895, § 2, 2016)
The city, including the Police Department shall, from time to
time and during any hour in which a massage establishment is open
for business, make an administrative inspection of each massage establishment
for the purpose of determining compliance with this chapter.
(Ord. No. 895, § 2, 2016)
A. It is
the duty of the planning director, community improvement officer,
police chief or designees to enforce the rules and regulations in
accordance with this chapter.
B. Pursuant
to the city's prosecutorial discretion, the city may enforce violations
of the provisions of this chapter as criminal, civil and/or administrative
actions.
C. Any person who violates the provisions of this chapter may be subject to administrative fines in an amount not to exceed $1,000.00, or such other amount as may be permitted under California
Government Code § 36901. In addition to the recovery of administrative fines, the city may recover its costs and expenses incurred in enforcing a violation of this chapter. An order to pay administrative fines and costs may be appealed pursuant to section
1.12.210.
D. If a
person falsely states or advertises or puts out any sign or card or
other device, or falsely represents to the public through any print
or electronic media, that he or she or any other individual is licensed,
certified, or registered by a governmental agency as a massage therapist
or massage practitioner, that person shall be subject to a civil penalty
not to exceed $2,500.00 for each violation, to be assessed and collected
in a civil action brought by the city attorney, district attorney,
or attorney general.
E. Notwithstanding
any other provision of this chapter, a massage establishment permit
may not be issued, renewed or amended unless and until due and unpaid
citations are paid in full.
(Ord. No. 895, § 2, 2016)
A. Any
use or condition caused or permitted to exist in violation of any
of the provisions of this chapter shall be and is hereby declared
a public nuisance.
B. The
violation of any provision of this chapter shall be and is hereby
declared to be contrary to the public interest and shall, at the discretion
of the city, create a cause for injunctive relief.
C. Any
person subject to this chapter who personally, or through an agent,
employee, independent contractor or other representative, violates
any provision of this chapter shall be guilty of a separate offense
for each and every day during any portion of which any such violation
is committed, continued or permitted by such person. All remedies
provided herein shall be cumulative and not exclusive.
(Ord. No. 895, § 2, 2016)