For the purpose of the provisions regulating baths, sauna baths, massage parlors and similar businesses hereinafter set forth, the following words and phrases shall be construed to have the meanings herein set forth, unless it is apparent from the context that a different meaning is intended:
Massage.
A method of treating the external parts of the body for remedial or hygienic purposes, consisting of rubbing, stroking, kneading, or tapping with the hand or any instrument.
Massage Establishment.
An establishment having a fixed place of business where any person, association, firm or corporation engages in, conducts, or carries on, or permits to be engaged in, conducted, or carried on, any business of giving massage or Turkish, Russian, Swedish, vapor, sweat, electric, salt, magnetic, or any other kind or character of baths, where alcohol rub, fomentation, baths, manipulation of the body or similar procedures is given.
Massage Technician or Technicians.
Any person, male or female, who administers to another person, for any form of consideration, a massage, alcohol rub, fomentation, bath, electric or magnetic massage procedure, manipulation of the body, or other similar procedure.
(Ord. 3543 §1, 1972)
It is unlawful for any person, association, firm 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 of Santa Barbara, the business of a massage establishment or to render, or permit to be rendered massage services at a location removed from a massage establishment within the City of Santa Barbara in the absence of a permit issued pursuant to the provisions hereinafter set forth, and without paying a business tax.
(Ord. 3543 §1, 1972; Ord. 3823, 1976)
The requirements of this chapter shall have no application and no effect upon and shall not be construed as applying to any persons designated as follows: physicians, surgeon, chiropractor, osteopath, or any nurse working under the supervision of a physician, surgeon, chiropractor, or osteopath duly licensed to practice their respective professions in the State of California, nor shall the requirements of this chapter apply to any treatment administered in good faith in the course of the practice of any healing art or professions by any person licensed to practice any such art or profession under the Business and Professions Code of the State of California or of any other law of this State. Practical nurses or other persons without qualifications as massage technicians, or other persons not otherwise licensed by the State of California to practice pursuant to the Medical Practice Act, whether employed by physicians, surgeons, chiropractors, or osteopaths or not, may not give massages or massage procedures.
(Ord. 3543 §1, 1972)
A. 
Any person desiring to obtain a permit to operate a massage establishment or to perform massage services shall make application to the Chief of Police for an investigation.
B. 
Each application shall be accompanied by a permit fee of $10.00.
(Ord. 3543 §1, 1972)
Any applicant for a permit shall submit the following information:
A. 
The full name and present address of applicant;
B. 
The two previous addresses immediately prior to the present address of applicant;
C. 
Written statements of at least five bona fide residents of the City of Santa Barbara that the applicant is of good moral character;
D. 
Written proof that the applicant is over the age of 18 years;
E. 
Applicant's height, weight, color of eyes and hair;
F. 
Two portrait photographs of at least two inches by two inches;
G. 
Business, occupation, or employment of the applicant for the three years immediately preceding the date of the application;
H. 
The massage or similar business tax history of the applicant; whether such person, in previously operating in this or another City or State under permit, has had such permit revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation;
I. 
All convictions and the reasons therefor;
J. 
A certificate from a medical doctor stating that the applicant has, within 30 days immediately prior thereto, been examined and found to be free of any contagious or communicable disease;
K. 
Applicant must furnish a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage technicians is taught. The term "recognized school" shall mean and include any school or institution of learning which has for its purpose the teaching of the theory, method, profession, or work of massage technicians, which school requires a resident course of study of not less than 200 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 showing the successful completion of such course of study or learning. Schools offering correspondence courses not requiring actual attendance of class shall not be deemed "recognized schools." The City of Santa Barbara shall have a right to confirm the fact that the applicant has actually attended classes in a recognized school for aforementioned minimum time periods;
L. 
In lieu of the information required in subsection K above, applicant may submit evidence of not less than five years practical experience as a massage technician certified by the California Massage Technicians Association or by the American Massage Therapy Association or not less than five years experience as a massage technician in a massage establishment certified by either of the aforementioned associations;
M. 
Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application;
N. 
Nothing contained herein shall be construed to deny to the Police Department of the City of Santa Barbara the right to take the fingerprints and additional photographs of the applicant, nor shall anything contained herein be construed to deny the right of said department to confirm the height and weight of the applicant.
(Ord. 3543 §1, 1972; Ord. 3823, 1976)
No permit to conduct a massage establishment shall be issued unless an inspection by the City of Santa Barbara reveals that the establishment complies with each of the following minimum requirements:
A. 
A recognizable and readable sign shall be posted at the main entrance identifying the establishment as a massage establishment, provided, that all such signs shall comply with the sign requirements of the City of Santa Barbara.
B. 
No person shall give, or assist in the giving, of any massage to any other person under the age of 18 years, unless the parent or guardian of such minor person has consent thereto in writing.
C. 
Minimum lighting shall be provided in accordance with the California Building Code as adopted and amended by the City, and, in addition, at least one artificial light of not less than 40 watts shall be provided in each enclosed room or booth where massage services are being performed on a patron.
D. 
Minimum ventilation shall be provided in accordance with the Uniform Building Code.
E. 
Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided.
F. 
Hot and cold running water shall be provided at all times.
G. 
Closed cabinets shall be provided which cabinets shall be utilized for the storage of clean linen.
H. 
In any establishment in which massage services are rendered only to members of the same sex at any one time, such persons of the same sex may be placed in a single separate room or the operators of the massage establishment may elect to place such persons of the same sex in separate enclosed rooms or booths having adequate ventilation to an area outside said room or booth while massage services are being performed.
I. 
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 for each patron to be served, which locker shall be capable of being locked, as well as a minimum of one toilet and one wash basin shall be provided by every massage establishment, provided, however, that if male and female patrons are to be served simultaneously at the establishment, separate bathing, a separate massage room or rooms, separate dressing and separate toilet facilities shall be provided for male and for female patrons.
J. 
A separate wash basin shall be provided for each portion of a massage parlor wherein massage services are performed for the individual use of each person performing massage services. Such basin shall be provided with soap 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 at each wash basin, sanitary towels placed in permanently installed dispensers.
K. 
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. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use.
L. 
Clean and sanitary towels and linens shall be provided for each patron of the establishment or each patron receiving massage services. No common use of towels or linens shall be permitted.
(Ord. 3543 §1, 1972)
A. 
Any applicant for a permit pursuant to these provisions shall personally appear at the Police Department of the City of Santa Barbara, and after paying the $10.00 permit fee hereinabove provided, shall present to the Police Department the application containing the aforementioned and described information. The Chief of Police shall have a reasonable time in which to investigate the application and the background of the applicant. Based on such investigation, the Chief of Police, or his or her representative, shall approve or deny the permit.
B. 
The Building Division, the Fire Department, and the Santa Barbara County Health Department shall inspect the premises proposed to be devoted to the massage establishment and shall make separate recommendations to the Chief of Police concerning compliance with the foregoing provisions.
C. 
The Chief of Police shall grant a permit to the establishment if all requirements for a massage establishment described herein are met and shall issue a permit to all persons who have applied to perform massage services if qualified as hereinabove, unless it appears that any such person has deliberately falsified the application or unless it appears that the record of such persons reveals a conviction of a felony or a crime of moral turpitude.
D. 
Any person denied a permit pursuant to these provisions by the Chief of Police, may appeal to the Board of Fire and Police Commissioners in writing, stating reasons why the permit should be granted. The Board may grant or deny the permit and such decision shall be final upon the applicant. Also, the said Board may elect on its own motion to review any determination of the Chief of Police granting or denying a permit.
E. 
All permits issued hereunder are non-transferable, provided, however, a change of location of a massage establishment may be permitted pursuant to the provisions herein.
(Ord. 3543 §1, 1972)
Every person, association, firm or corporation to whom or for which a permit shall have been granted shall display said permit in a conspicuous place so that the same may be readily seen by persons entering the premises where the massage, bath, or treatment is given.
(Ord. 3543 §1, 1972)
A change of location of any of the aforementioned and described premises may be approved by the Chief of Police, provided all ordinances and regulations of the City of Santa Barbara are complied with and the change of location fee of $10.00 is deposited with the City.
(Ord. 3543 §1, 1972)
It shall be the responsibility of the holder of the permit for the massage establishment or the employer of any persons purporting to act as massage technicians, to insure that each person employed as a massage technician shall first have obtained a valid permit pursuant to this chapter. No registered massage technician aide may independently practice the acts of massage, but he or she may, as a massage technician aide, assist a technician in the acts constituting the practice of massage under the immediate personal supervision and employment of a registered massage technician, but such aide may assist only while the massage technician is personally present with the patron, and such aide may not perform massage services. Any massage technician aide shall comply with the requirements of Section 5.76.050.
(Ord. 3543 §1, 1972)
The Building Division, Fire Department and Police Department shall, from time to time and at least twice each year, make an inspection of each massage establishment in the City of Santa Barbara for the purpose of determining that the provisions of this code are met.
(Ord. 3543 §1, 1972)
Every person, association, firm, or corporation operating a massage establishment under a permit as herein provided shall keep a record of the date and hour of each treatment, the name and address of the patron, and the name of the technician administering such treatment. Said record shall be open to inspection by officials charged with the enforcement of these provisions for the purposes of law enforcement and for no other purpose. The information furnished or secured as a result of any such inspection shall be confidential. Any unauthorized disclosure or use of such information by any officer or employee of the City of Santa Barbara shall constitute a misdemeanor and such officer or employee shall be subject to the penalty provisions of this chapter, in addition to any other penalties provided by law. Identical records shall be kept of treatments rendered off the business site, and, in addition, shall describe the address where the treatment was rendered. Said records shall be maintained for a period of two years.
(Ord. 3543 §1, 1972)
No person permitted to do business as herein provided shall operate under any name or conduct his or her business under any designation not specified in his or her permit.
(Ord. 3543 §1, 1972)
A. 
A permit issued under authority of this chapter may be suspended for violation of any of its provisions or for fraud or misrepresentation in the permit application, but no permit shall be revoked until after a hearing shall have been held before the Board of Fire and Police Commissioners to determine just cause for such revocation. Provided, however, the Chief of Police may order any permits suspended pending such hearing, and it shall be unlawful for any person to carry on the business of a massage technician or to operate as a massage establishment depending upon the particular type of permit which has been suspended until the suspended permit has been reinstated by the said Board. Notice of such hearing shall be given in writing and served at least five days prior to the date of the hearing thereon. The notice shall state the ground of the complaint against the holder of such permit, or against the business carried on by the permittee at the massage establishment, and shall state the time and place where such hearing will be had at the next regular meeting of the Board following the five day notice period.
B. 
The notice shall be served upon the permit holder by delivering the same to such person or by leaving such notice at the place of business or residence of the permit holder in the custody of a person of suitable age and discretion. In the event the permit holder cannot be found, and the service of such notice cannot be made in the manner herein provided, a copy of such notice shall be mailed, postage fully prepaid, addressed to the permit holder at his or her place of business or residence at least five days prior to the date of such hearing.
(Ord. 3543 §1, 1972)
A. 
Upon the sale or transfer of any interest in a massage establishment, the permit and tax receipt shall be null and void. A new application shall be made by any person, firm, or entity desiring to own or operate the massage establishment. A fee of $10.00 shall be payable for each such application involving sale or other transfer of any interest in an existing massage establishment. The provisions of this chapter shall apply to any person, firm, or entity applying for a massage establishment permit for premises previously used as such establishment.
B. 
Any such sale or transfer of any interests in an existing massage establishment or any application for an extension or expansion of the building or other place of business of the massage establishment, shall require inspection and shall require compliance with this chapter.
(Ord. 3543 §1, 1972)
A. 
Every person, except those persons who are specifically exempted by this chapter, whether acting as an individual, owner, employee of the owner, operator or employee of the operator, or whether acting as a mere helper for the owner, employee, or operator, or whether acting as a participant or worker in any way, who gives massages or conducts a massage establishment or room, or who gives or administers, or who practices the giving or administering of steam baths, electric light baths, electric tub baths, shower baths, sponge baths, vapor baths, fomentation, sun baths, mineral baths, alcohol rubs, Russian, Swedish, or Turkish baths, or any other type of baths, salt flows or any type of therapy or who does or practices any of the other things or acts mentioned in this chapter without first obtaining a permit and paying a tax or violates any provision of this chapter shall be guilty of a misdemeanor.
B. 
Any owner, operator, manager, or permittee in charge or in control of a massage establishment who knowingly employs a person performing as a massage technician as defined in this part who is not in possession of a valid permit or who allows such an employee to perform, operate, or practice within such a place of business is guilty of a misdemeanor.
C. 
Any massage establishment operated, conducted, or maintained contrary to the provisions of this chapter shall be and the same is declared to be unlawful and a public nuisance and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and 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 reliefs as will abate or remove such massage establishments and restrain and enjoin any person from operating, conducting, or maintaining a massage establishment contrary to the provisions of this chapter.
(Ord. 3543 §1, 1972)
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.
(Ord. 3543 §1, 1972)