Note: Prior ordinance history: Ords. 802-96, 817-97, 832-97, 844-98 and 1031-09.
It is the purpose and intent of this chapter to provide for the orderly regulation of massage establishments and massage technicians, as defined herein, in the interests of the public health, safety, and welfare by providing certain minimum building, sanitation, and health standards for massage establishments, to the extent permissible by law.
(Ord. 1122-16 § 5)
"California Massage Therapy Council certificate"
means the certificate described in California Business and Professions Code Section 4600, et seq.
"Massage"
means any method of applying pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, tonic, spray ointment, or other similar preparations commonly used in this practice. The term "massage" shall include the practice of acupressure unless specifically noted otherwise.
"Massage establishment"
means any establishment having a fixed place of business where any individual, firm, association, partnership, corporation, joint venture, or combination of individuals, engages in, conducts, carries on or permits the aforementioned to engage in, conduct, carry on, massages, baths, or health treatments involving massage or baths as the principal functions.
"Person"
means any individual, firm, association, partnership, corporation, joint venture, or combination of individuals.
(Ord. 1122-16 § 5)
This chapter shall not apply to the following classes of individuals while engaged in the performance of duties of their respective professions:
A. 
Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly licensed to practice their respective professions in the state of California.
B. 
Nurses registered under the laws of the state of California.
C. 
Hospitals, nursing homes, sanatoriums, or other health care facilities duly licensed by the state of California.
(Ord. 1122-16 § 5)
Every massage establishment shall maintain facilities meeting the following requirements:
A. 
Massage establishments shall comply with all code requirements.
B. 
Minimum ventilation shall be provided in accordance with the Building Code of the city. To allow for adequate ventilation in cubicles, rooms, and areas provided for patrons' use, which are not serviced directly by required window or mechanical systems of ventilation, partitions 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.
C. 
All plumbing and electrical installation shall be installed under permit and inspections of the building inspection division and such installations shall be installed in accordance with the Uniform Building Code and Plumbing Code.
D. 
Cabinets and other covered space shall be provided for the storage of clean linen. Approved receptacles shall be provided for the storage of all soiled linen and paper towels.
E. 
Disinfecting agents and sterilizing equipment shall be provided for any instruments used in performing acts of massage and said instruments shall be disinfected and sterilized after each use.
F. 
All lavatories or wash basins shall be provided with hot and cold running water, soap, and single service towels in wall mounted dispensers.
G. 
The walls in all rooms where water or steam baths are given shall have washable, mold resistant surfaces.
H. 
Pads used on massage tables shall be covered with durable, washable plastic or other acceptable water-proof material.
I. 
Minimum lighting shall be provided in accordance with Article 220 of the National Electric Code and in addition at least one artificial light of not less than forty watts shall be provided in each room or enclosure where massage services are performed on patrons.
J. 
Separate massage rooms, separate dressing facilities, and separate toilet facilities shall be provided for male and female patrons and each such separate facility or room shall be clearly marked as such.
K. 
Adequate bathing, dressing, locker, and toilet facilities shall be provided for patrons. A minimum of one tub or shower, one dressing room containing a separate locker that is capable of being locked for each patron to be served, and a minimum of two toilets and two wash basins in separate rooms, one for males and one for females, shall be provided for every massage establishment.
L. 
A minimum of one separate wash basin shall be provided in each massage establishment for the use of employees of any such establishment. The basin shall provide soap or detergent and hot and cold running water at all times and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, there shall be provided sanitary towels in permanently installed dispensers at each wash basin.
M. 
A minimum of one parking space is required for every two hundred square feet of gross floor area.
N. 
A recognized and readable sign shall be posted at the main entrance of the proposed establishment which identifies it as a massage establishment. Such sign shall comply with all requirements of all city ordinances.
(Ord. 1122-16 § 5)
Every massage establishment shall comply with the following requirements:
A. 
Each person employed or acting as a massage technician shall have a valid certificate issued by the California Massage Therapy Council and it is unlawful for the owner, operator, responsible managing employee, manager, or permittee in charge of or in control of the establishment to employ or permit a person to act as a massage technician as defined in this code who is not in possession of a valid California Massage Therapy Council certificate.
B. 
Each massage establishment shall obtain and maintain a business license from the city pursuant to Chapter 5.05 of this code. Massage technicians who are employees of the massage establishment shall not be required to obtain and maintain a separate business license. Massage technicians employed or acting as independent contractors shall obtain and maintain a separate business license.
C. 
Bath and massage operations shall be carried on and the premises shall be open only between the hours of seven a.m. and nine p.m. All customers, patrons, and visitors shall be excluded from the premises when the massage facility is closed.
D. 
A list of services available and the costs of such services shall be posted in an open, public place on the premises and shall be described in readily understandable language and all letters and numbers shall be capitals not less than one-half inch in height. No owner, operator, responsible managing employee, manager, or permittee shall permit and no massage technician shall offer to perform services other than those posted, nor charge a price in excess of those posted for the provision of any service.
E. 
All patrons of the massage establishment shall be provided with clean and sanitary towels, sheets, and linens in sufficient quantity. Towels, sheets, and linens shall not be used by more than one person. Reuse of such linen is prohibited unless the same has first been laundered. Heavy white paper may be substituted for sheets provided that such paper is used once for each person and then discarded in a sanitary receptacle.
F. 
Wet and dry heat rooms, steam or vapor rooms or cabinets, shower rooms and compartments, toilet rooms 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 department. Bathtubs shall be thoroughly cleaned with disinfectant approved by the health department after each use. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition.
G. 
No person shall enter, be or remain in any part of a massage establishment while in possession of, consuming, or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. The owner, operator, responsible managing employee, manager, or permittee shall not permit any such person to enter or remain upon such premises.
H. 
No owner, operator, responsible managing employee, manager or permittee in charge of or in control of a massage establishment shall, during the course of any service or task associated with any element of a massage operation, permit any person to massage or touch the genitals of another person.
I. 
No massage technician shall touch the genitals of a patron during the course of any service or task associated with any element of the massage operation.
J. 
Condoms or other contraceptives shall not be sold or provided at any massage establishment.
K. 
Due to the requirement and need for accountability in the provision of massage, it is unlawful for any massage establishment to permit a massage technician to provide massage within the establishment unless that massage technician is an employee directly accountable to the holder of the massage establishment license.
L. 
There shall be an owner, operator, managing employee, or manager (hereinafter managerial personnel) on the premises at all times the establishment is opened for business. The managerial personnel shall wear a plainly visible tag identifying them as managerial personnel. The owner or operator shall submit the names of all managerial personnel to the city prior to commencing operation or on the effective date of the ordinance codified in this chapter, whichever occurs later. The permittee shall update the list as the identity of managerial personnel changes.
M. 
No massage may be carried on behind locked, closed doors, unless the massage establishment is a business entity owned by an individual with one or no employees or independent contractors.
(Ord. 1122-16 § 5)
Any and all investigating officials of the city or the Los Angeles County sheriff's department shall have the right to enter massage establishments from time to time during regular business hours to make reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing or health regulations.
(Ord. 1122-16 § 5)
No person licensed to operate a massage establishment shall operate under any designation not specified in the business license.
(Ord. 1122-16 § 5)
The owner or operator of a massage establishment shall display the business license of the massage establishment and the California Massage Therapy Council certificate of each and every massage technician employed in the establishment in an open and conspicuous place on the premises.
(Ord. 1122-16 § 5)
A. 
It is unlawful for any massage technician to perform massage services in the city without a current valid California Massage Therapy Council certificate.
B. 
It is unlawful for an operator of a massage establishment to violate the provisions of this chapter.
C. 
Any violation of any provision of this chapter is punishable as an infraction pursuant to Section 1.080.030 of this code or punishable as a misdemeanor pursuant to Section 1.080.020 of this code.
(Ord. 1122-16 § 5)
In addition to any other penalty provided by law, any massage establishment operated, conducted, or maintained contrary to the provisions of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance and the city attorney may commence an action or actions, proceeding or proceedings, for the abatement, removal, or 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 establishment and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter.
(Ord. 1122-16 § 5)