For the purposes of this chapter, unless the particular provision
or the context otherwise clearly requires, the definitions in this
section shall govern the construction, meaning, and application of
words and phrases used in this chapter:
“Business”
includes, but not by way of limitation, everything about
which a person can be employed, and means that which occupies the
time, attention, and labor of men and women for the purpose of producing
a livelihood or profit, and connotes the efforts of men and women
by varied and diverse methods of dealing with each other, to improve
their individual economic conditions, and for the purposes of this
chapter shall include, without limitation, the advertising and soliciting
of massages. The term “business” includes, but is not
limited to, a massage practitioner who is the sole owner, operator
and employee of a massage business operating as a sole proprietorship,
as well as a massage establishment which employs massage practitioners
and therapists.
“Certified massage practitioner”
means any individual certified by the California Massage
Therapy Council as a certified massage therapist or as a certified
massage practitioner pursuant to California Business and Professions
Code Section 4600 et seq.
“City”
shall mean the city of South San Francisco.
“City manager”
shall mean the city manager of the city of South San Francisco
or designee.
“Client”
means the customer or patron who pays for or receives massage
services.
“Compensation”
means the payment, loan, advance, donation, contribution,
deposit, exchange, or gift of money or anything of value.
“Massage registration certificate”
means a registration certificate issued by the chief of police upon submission of satisfactory evidence that a massage business satisfies all necessary provisions of this chapter, including employs or uses only certified massage practitioners and the massage business has obtained the necessary zoning approvals pursuant to Title
20 of this code and such approvals have been verified by the planning department.
“Chief of police”
means the chief of police for the city of South San Francisco
and authorized representatives or designees.
“Employee”
means any person employed by a massage business who may render
any service to the business, and who receives any form of compensation
from the business.
“Enforcement officials”
means the investigating and enforcing officials of the city
of South San Francisco, including, but not limited to, the police,
code enforcement, health officer and director of building and planning,
or their designees and San Mateo County health officials or their
representatives or designees.
“Health officer”
means a health inspector of the San Mateo County department
of health or representative or designee and/or a person appointed
by the city of South San Francisco pursuant to the California Health
and Safety Code or authorized representatives or designees to conduct
health and safety inspections.
“License board”
means the license board of the county of San Mateo as it
is defined and constituted in Chapter 5.04 of the San Mateo County
Code.
“Massage” or “massage therapy,”
means and refers to any method of treating the external parts
of the body for remedial, health, or hygienic purposes for any form
of compensation by means of pressure on or friction against, or stroking,
kneading, rubbing, tapping, pounding, or stimulating the external
parts of the 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, powders, creams,
lotions, ointments, or other similar preparations commonly used in
this practice; or by baths, including but not limited to Turkish,
Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral,
fomentation, or any other type of bath.
“Massage business”
means any business that offers massage therapy in exchange
for compensation, whether at a fixed place of business or at a location
designated by the customer or client through outcall massage services.
Any business that offers any combination of massage therapy and bath
facilities, including, but not limited to, showers, baths, wet and
dry heat rooms, pools and hot tubs, shall be deemed a massage business
under this chapter. The term “massage business” includes
a certified massage practitioner who is the sole owner, operator and
employee of a massage business operating as a sole proprietorship.
“Outcall massage”
means the engaging in or carrying on of massage therapy for
compensation in a location other than the business operation’s
address set forth in the massage business’s registration certificate.
“Owner” or “massage business owner”
means any of the following persons:
(1)
Any person who is a general partner of a general or limited
partnership that owns a massage business.
(2)
Any person who has a five percent or greater ownership interest
in a corporation that owns a massage business.
(3)
Any person who is a member of a limited liability company that
owns a massage business.
(4)
Any person who has a five percent or greater ownership interest
in any other type of business association that owns a massage business.
“Person”
means any individual, firm, association, partnership, corporation,
joint venture, limited liability company, or combination of individuals.
“Practitioner” or “massage practitioner”
shall be used interchangeably and mean any person who administers
massage to another person, for any form of consideration (whether
for the massage, as part of other services or a product, or otherwise).
“Reception and waiting area”
means an area immediately inside the front door of the massage
business dedicated to the reception and waiting of patrons of the
massage business and visitors, and which is not a massage therapy
room or otherwise used for the provision of massage therapy services.
“Registration”
means the registration required by this chapter to operate
a massage business.
“Sole proprietorship”
means and includes any legal form of business organization
where the business owner (sometimes referred to as the “sole
proprietor”) is the only person employed by that business to
provide massage services.
“Solicit”
means to request, ask, demand or otherwise arrange for the
provision of services.
(Ord. 1501 § 2, 2015)
On or after July 10, 2015, no person shall engage in, conduct,
carry on, or permit any massage within the city of South San Francisco
unless all of the following requirements are met:
(a) CAMTC certification shall be worn by and clearly visible on the massage
practitioner’s person during working hours and at all times
when the massage practitioner is inside a massage business or providing
outcall massage.
(b) Massage shall be provided or given only between the hours of seven
a.m. and nine p.m. No massage business shall be open and no massage
shall be provided between nine p.m. and seven a.m. A massage commenced
prior to nine p.m. shall nevertheless terminate at nine p.m., and,
in the case of a massage business, all clients shall exit the premises
at that time. It is the obligation of the massage business, to inform
clients of the requirement that services must cease at nine p.m.
(c) A list of the services available and the cost of such services shall
be posted in the reception area within the massage premises, and shall
be described in readily understandable language. Outcall service providers
shall provide such a list to clients in advance of performing any
service. No owner, manager, operator, or responsible managing employee
shall permit, and no massage practitioner shall offer or perform,
any service other than those posted or listed as required herein,
nor shall an operator or a massage practitioner request or charge
a fee for any service other than those on the list of services available
and posted in the reception area or provided to the client in advance
of any outcall services.
(d) A copy of the CAMTC certificate of each and every massage practitioner
employed in the business shall be displayed in the reception area
or similar open public place on the premises. CAMTC certificates of
former employees and/or contractors shall be removed as soon as those
massage practitioners are no longer employed by or offering services
through the massage business.
(e) For each massage service provided, every massage business shall keep
a complete and legible written record of the following information:
the date and hour that service was provided; the service received;
the name or initials of the employee entering the information; and
the name of the massage practitioner administering the service. Such
records shall be open to inspection and copying by police officers,
or other city officials charged with enforcement of this chapter.
These records may not be used by any massage practitioner or operator
for any purpose other than as records of service provided and may
not be provided to other parties by the massage practitioner or operator
unless otherwise required by law. Such records shall be retained on
the premises of the massage business for a period of two years and
be immediately available for inspection during business hours.
(f) Massage businesses 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.
(g) 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, and at
least once each day the premises are open, with a disinfectant approved
by the health officer. Bathtubs shall be thoroughly cleaned after
each use with a disinfectant approved by the health officer. All walls,
ceilings, floors, and other physical facilities for the business must
be in good repair, and maintained in a clean and sanitary condition.
(h) Instruments utilized in performing massage shall not be used on more
than one client unless they have been sterilized, using approved sterilization
methods.
(i) All massage business operators and their employees, including massage
practitioners, shall wear clean, non-transparent outer garments. Said
garments shall not expose their genitals, pubic areas, buttocks, or
chest, and shall not be worn in such manner as to expose the genitals,
pubic areas, buttocks, or chest. For the purposes of this section,
outer-garments means a garment worn over other garments and does not
include garments like underwear, bras, lingerie or swimsuits.
(j) No person shall enter, be, or remain in any part of a massage business
while in possession of an open container of alcohol, or consuming
or using any alcoholic beverage or drugs except pursuant to a prescription
for such drugs. The owner, operator, responsible managing employee,
or manager shall not permit any such person to enter or remain upon
such premises.
(k) No massage business shall operate as a school of massage, or use
the same facilities as that of a school of massage.
(l) No massage business shall place, publish or distribute, or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective clients that any service is available other than those services listed as an available service pursuant to subsection
(c), nor shall any massage business employ language in the text of such advertising that would reasonably suggest to a prospective client that any service is available other than those services as described in compliance with the provisions of this chapter.
(m) No massage shall be given unless the client’s genitals are,
at all times, fully covered. A massage practitioner shall not, in
the course of administering any massage, make physical contact with
the genitals or private parts of any other person regardless whether
the contact is over or under the person’s clothing.
(n) Where the business has staff available to assure security for clients
and massage staff are behind closed doors, the entry to the reception
area of the massage business shall remain unlocked during business
hours when the business is open for business or when clients are present.
(o) No massage business located in a building or structure with exterior
windows fronting a public street, highway, walkway, or parking area
shall, during business hours, 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. For the purpose of this subsection, there
is an irrebuttable presumption that the visibility is impermissibly
blocked if more than ten percent of the interior reception and waiting
area is not visible from the exterior window.
(p) All signs shall be in conformance with the current ordinances of
the city of South San Francisco.
(q) Minimum lighting consisting of at least one artificial light of not
less than forty 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.
(r) Minimum ventilation shall be provided in accordance with the Uniform
Building Code and any other applicable regulations.
(s) Hot and cold running water shall be provided at all times.
(t) Adequate dressing, locker and toilet facilities shall be provided
for clients.
(u) 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 of massage services. Sanitary towels
shall also be provided at each basin.
(v) Pads used on massage tables shall be covered with material acceptable
to the health officer.
(w) All massage businesses shall comply with all state and federal laws
and regulations for handicapped clients.
(x) A massage practitioner shall operate only under the name specified
in his or her CAMTC certificate. A massage business shall operate
only under the name specified in its registration certificate.
(y) No massage business shall allow any person to reside within the massage
business or in attached structures owned, leased or controlled by
the massage business.
(z) Other than custodial or maintenance staff, no persons shall be permitted
within the premises of a massage business between the hours of eleven
p.m. and six a.m.
(Ord. 1501 § 2, 2015)
The investigating and enforcing officials of the city of South
San Francisco, including, but not limited to, the police, code enforcement,
health officer and director of building and planning, or designees,
shall have the right to enter the premises from time to time during
regular business hours for the purpose of making reasonable inspections
to observe and enforce compliance with building, fire, electrical,
plumbing or health regulations, zoning regulations, and to enforce
compliance with applicable regulations, laws, and statutes, and with
the provisions of this chapter. The enforcing officials may charge
a fee for any safety inspections.
(Ord. 1501 § 2, 2015)
Any massage business operated, conducted, or maintained contrary
to the provisions of this chapter shall constitute an unlawful business
practice pursuant to
Business and Professions Code Section 17200 et
seq., and the city attorney or district attorney may, in the exercise
of discretion, in addition to or in lieu of taking any other action
permitted by this chapter, commence an action or actions, proceeding
or proceedings in the Superior Court of San Mateo County, seeking
an injunction prohibiting the unlawful business practice and/or any
other remedy available at law, including but not limited to fines,
attorneys’ fees and costs. All remedies provided for in this
chapter are cumulative.
(Ord. 1501 § 2, 2015)
It is unlawful and a public nuisance for a massage business
to be operated, conducted, or maintained contrary to the provisions
of this chapter. The city may exercise its discretion, in addition
to or in lieu of prosecuting a criminal action, to commence proceedings
for the abatement, removal, and enjoinment of that business in any
manner provided by law.
(Ord. 1501 § 2, 2015)