This chapter provides standards for massage establishments, massage owners or operators, massage practitioners, and massage therapists as defined in Part 7 (Definitions) of the Zoning Ordinance.
These standards are intended to:
A. 
Protect the public health, safety, and welfare;
B. 
Ensure that the establishment and conduct of massage establishments is properly regulated; and
C. 
Establish the minimum qualifications for operating a massage establishment in the City of Upland.
(Ord. 1919 § 2, 2017)
It is unlawful for any person to engage in, conduct or carry on, or to permit the engagement in, conduct of or carrying on the business or operation of a massage establishment within the City without first obtaining an operator's permit pursuant to the provisions of this chapter, and complying with all other applicable provisions of this code, including, but not limited to, securing the necessary business license and complying with Title 15 of this code.
(Ord. 1919 § 2, 2017)
The provisions of this chapter shall not apply to the following classes of individuals or businesses while engaged in the performance of the 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, provided such professionals are lawfully performing massage, as defined in this chapter, at a licensed business as part of their respective professions, and further provided, massage or massage establishment activities are not being performed at any time by any person who is required to but does not possess a massage practitioner or massage therapist certification pursuant to this chapter;
B. 
Registered or licensed vocational nurses working on the premises of and under the direct supervision of a state-licensed physician, surgeon, chiropractor, or osteopath. Practical nurses or other persons that do not meet the requisite qualifications to obtain a massage practitioner or massage therapist certification under this chapter, or any other person otherwise licensed by the state of California, whether or not employed by a physician, surgeon, chiropractor or osteopath, may not provide massage services or act as a massage practitioner or massage therapist;
C. 
Barbers, beauticians, and manicurists who are duly licensed by the state of California while engaging in the practice within the scope of their respective licenses, for which this exemption applies solely to the massaging of the neck, face, and/or scalp of the customer of a barber or beautician, or massaging of the forearms, hands, calves, and/or feet of the customer of a licensed manicurist;
D. 
Hospitals, nursing homes, sanitariums, or other health care facilities duly licensed by the state of California;
E. 
Fully accredited high schools, junior colleges, and colleges or universities whose athletic coaches and trainers are acting within the scope of their employment;
F. 
Trainers of amateur, semiprofessional, or professional athletes or athletic teams;
G. 
Massage conducted in the course of education at any recognized school of massage, as defined in this chapter.
(Ord. 1919 § 2, 2017)
A. 
Any person desiring to operate a massage establishment shall submit a written application under penalty of perjury on the required form to the Chief of Police, who shall conduct an investigation. The application shall be accompanied by a non-refundable filing fee established by separate resolution of the City Council to help defray the cost of the investigation required by this chapter.
B. 
The application shall be completed and signed by the owner of the proposed massage establishment, if a sole proprietorship, or, if the applicant is a corporation or partnership, it shall designate one of its officers or general partners as its authorized representative. The authorized representative shall complete and sign all application forms required for an individual applicant under this chapter.
C. 
The application and fee required pursuant to this section shall be in addition to any other license, permit or fee required by any other chapter of this code or ordinance hereafter adopted. Only one application fee shall be charged regardless of the number of owners or operators designated in the application.
D. 
The application for a permit does not authorize the operation of a massage establishment unless and until such permit has been properly granted, nor does the possession of a valid massage establishment permit authorize the possessor to perform work for which a massage technician permit is required.
(Ord. 1919 § 2, 2017)
The application for a massage owner or operator's permit shall contain or be accompanied by the following information:
A. 
The type of ownership of the business, i.e., whether by individual, partnership, corporation or otherwise.
1. 
If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter together with the state and date of incorporation and the names and residence addresses of each of its current officers, directors and each stockholder holding more than five percent of the stock of that corporation.
2. 
If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners.
3. 
If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the Secretary of State. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply.
B. 
The true full and precise name under which the massage establishment is to be conducted.
C. 
The present or proposed address where the massage establishment is to be conducted and all telephone numbers for the massage establishment.
D. 
A complete current list of the names and residence addresses of all proposed massage technicians, aides, trainees and other employees who are or will be employed in the massage establishment, if known. If not known at the time of submission of the application, the applicant shall provide the required information no later than ten calendar days prior to opening for business.
E. 
The name and residence addresses of the proposed operator or manager who will be principally in charge of the operation of the massage establishment.
F. 
A description of any other business operated on the same premises as the proposed massage establishment, or within the city or the state, which is owned or operated by the owner or operator.
G. 
The name and address of the owner and lessor of the real property upon or in which the proposed business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized affidavit from the owner of the property acknowledging that a massage establishment will be located on his or her property.
H. 
The complete business, occupation and employment history for eight years preceding the date of application, including, but not limited to, a massage establishment or similar type of business history and experience of the applicant.
I. 
The complete massage permit history; whether such person has ever had any similar type of permit or license issued by any agency, board, city, county, territory or state; the date of issuance of such a permit or license, whether the permit or license has been or was ever denied, revoked or suspended; if a vocational or professional license or permit has been or was ever denied, revoked or suspended; if the applicant has ever been required to surrender a permit or license as a result of pending criminal charges or in lieu of said permit or license being suspended or revoked and the reason therefor.
J. 
All criminal convictions, including pleas of nolo contendere, within the last 10 years including those convictions dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and reason therefor.
K. 
A complete set of fingerprints taken by the Police Department. The applicant shall be responsible for payment of any fingerprinting fee.
L. 
Two portrait photographs at least two inches by two inches in size taken within the last month.
M. 
Authorization for the City, its agents and employees to seek verification of the information contained in the application.
N. 
Such other identification and information as the Chief of Police may reasonably require in order to discover the truth of the matters herein specified and as required to be set forth in the application.
O. 
A statement in writing and dated by the person providing the information that he or she certifies under penalty of perjury that all information contained in the application is true and correct.
P. 
A certificate of compliance from any affected department or agency, including, but not limited to, the City's Development Services Department, Building Division and the San Bernardino County Health Department must be submitted prior to the application's final approval. Any required inspection fees shall be the sole responsibility of the applicant. If the certificates of compliance are not received by the Chief of Police within 90 calendar days of the date of filing of the application, said application shall be deemed void. If any land use permit or other entitlement for the use of the property as a massage establishment is required, such permit or use entitlement shall be obtained by the applicant prior to the massage establishment permit becoming effective.
Q. 
Every owner and operator shall also provide the following personal information:
1. 
The full, true name and all aliases used;
2. 
Date and place of birth, valid picture identification, such as a California or other state driver's license, California or other state identification card, resident alien card, if applicable; and social security card or proof of authority to work in the United States;
3. 
The current residence address and residence telephone number and all previous residential addresses for a minimum of eight years immediately preceding the present address of the applicant and the dates of residence for each address;
4. 
Acceptable written proof that the owner and/or operator is at least 18 years of age;
5. 
Height, weight, gender and color of hair and eyes.
R. 
If, during the term of a permit, the permittee has any change in information submitted on the original or renewal application, the permittee shall notify the Police Department in writing of any such change within 10 business days thereafter.
S. 
If an owner or operator also desires to act as a massage technician or out call massage technician, he or she shall also satisfy the requirements for the respective permit set forth in this chapter.
(Ord. 1919 § 2, 2017)
Every massage establishment shall maintain facilities meeting all of the following requirements:
A. 
Signs shall be in conformance with Chapter 17.15 (Signs).
B. 
Minimum lighting shall be provided in accordance with the California Building Code or successor provision or provisions. In addition, at least one artificial light of not less than 60 watts shall be provided in each room or enclosure where massage services are performed on patrons. The lighting in each room or enclosure shall be activated and maintained in operation without interruption at all times while the patron is in such room or enclosure.
C. 
Minimum ventilation shall be provided in accordance with the California Building Code or successor provision or provisions.
D. 
Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be readily available.
E. 
Hot and cold running water shall be provided at all times.
F. 
Closed cabinets with solid doors shall be provided for storage of clean linens.
G. 
Adequate, dressing, locker, and toilet facilities shall be provided to patrons. Dressing areas and lockers that are capable of being locked, may be provided in enclosed massage therapy rooms; alternatively separate male and female dressing rooms with lockers that are capable of being locked, shall be provided.
H. 
Restrooms shall be provided either as a single occupancy gender neutral restroom facility, or separate male and female restrooms shall be provided.
I. 
If bathing facilities are provided, separate male and female facilities shall be provided resulting in a minimum of two separate bathing facilities.
J. 
A minimum of one separate wash basin for employees shall be provided at all times. The basin shall be separate from the public restrooms and located within or as close as practicable to the area devoted to performing massage services. Sanitary towels shall also be provided at each basin.
K. 
Massage tables or massage chairs of a type and nature used by professionals in this industry shall be utilized and each shall have, at minimum, a two-inch thick foam pad covered with durable, washable plastic or other waterproof material. Beds, floor mattresses, and waterbeds are not permitted to be used.
L. 
At the beginning of a treatment session, the massage practitioner or massage therapist shall provide to all patrons clean, sanitary, and opaque coverings capable of covering the patron's genitals. In addition, a female patron's breasts shall be fully covered by a nontransparent covering.
M. 
The Chief of Police shall require that the following notice be posted in the event that any employee of the massage establishment or any person who has been aided and abetted by an employee of the massage establishment has been found, after full hearing by administrative proceeding or by a court of competent jurisdiction, to have violated any of the offenses that would be grounds for denial under Sections 17.29.100 and 17.29.110.
NOTICE TO ALL PATRONS
THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY UPLAND POLICE DEPARTMENT WITHOUT PRIOR NOTICE.
N. 
No massage establishment shall have installed or utilize any signaling devices of any type to alert employees and/or customers to the presence of law enforcement personnel.
O. 
The receptionist station shall be a designated area for greeting customers, contiguous to the customer lobby. If partitioned from the customer lobby, it shall have a clear, unobstructed opening, or an opening of clear unobstructed glass, at least 30 inches by 30 inches which allows unobstructed visibility between the customer lobby and the interior of the receptionist station.
(Ord. 1919 § 2, 2017)
No person shall engage in, operate, conduct, or carry on, or permit to be engaged in, conducted, or carried on, any massage establishment, unless each and all of the following requirements are met:
A. 
The premises shall be open only between the hours of 7:00 a.m. to 9:00 p.m. Massage services shall be carried out and concluded in time to comply with the 9:00 p.m. closing time. A list of services available as approved pursuant to the application and the cost of such services shall be posted in an open public place within the premises and shall be described in readily understandable language. In the event any list of services and costs posted or provided hereunder is in a language other than English, the permittee shall, at the permittee's cost and expense, provide to the Chief of Police an English language translation thereof. Such English translation shall be attested to as being a full, true and correct translation thereof under penalty of perjury under the laws of the state of California. No owner, manager, operator, responsible managing employee, or permittee shall permit, and no massage practitioner or massage therapist certification shall offer or perform, any service other than those posted.
B. 
The massage establishment permits and a copy of the license and photo of each and every massage practitioner or massage therapist employed in the establishment shall be displayed in an open and conspicuous place on the premises.
C. 
Every massage establishment shall keep a written record of the date and hour of each treatment, the name and address of each patron, the name of the massage practitioner or massage therapist administering the treatment, and the type of treatment administered. Such written record shall be maintained on forms approved by the Chief of Police. Such records shall be open to inspection only by officials charged with enforcement of this chapter, shall be available during all business hours of the establishment, and shall be used for no other purpose. Any unauthorized disclosure or use of such information by any person, including any officer or employee of the City or the County of San Bernardino, or the owner or employee of the massage establishment, shall constitute a misdemeanor, punishable as provided in this chapter, in addition to any other penalties provided by law. Such records shall be maintained on the premises of the massage establishment for a period of two years.
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 with solid doors. Towels and linens shall not be used on more than one patron, unless such towel or linen has first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one patron. Soiled linens and towels shall be deposited in separate, health department approved receptacles.
E. 
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 San Bernardino County health department. Bathtubs shall be thoroughly cleaned with a disinfectant, approved by the health department, after each use. All walls, ceilings, floors, and other physical facilities of the establishment must be in good repair and maintained in a clean and sanitary condition.
F. 
Instruments utilized in performing massage shall not be used on more than one patron unless such instruments have been sterilized, using approved sterilizing methods.
G. 
All employees, including massage practitioner or massage therapist, shall be clean, and wear clean, nontransparent outer garments. Such garments shall not expose genitals, pubic area, buttocks, or chest.
H. 
No person shall enter, be, or remain in any part of a massage establishment while in the possession of, consuming, under the influence of, 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.
I. 
No massage establishment shall operate as a school of massage or use the same facilities as that of a school of massage.
J. 
No massage establishment granted a permit under this article 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 customers or clients that any service is available other than those services described in Part 7 (Definitions: Massage Establishment). No massage establishment or outcall massage service shall employ language in the text of such advertising that would reasonably suggest to a prospective patron that any service is available other than those services as described in Part 7 (Definitions: Massage). All exterior doors shall remain unlocked from the interior side during business hours.
K. 
A massage shall not be given and no patron shall be in the presence of a massage practitioner or massage therapist or other employee unless the patron's genitals are fully covered by a nontransparent covering. In addition, a female patron's breast shall be fully covered by a nontransparent covering.
L. 
No massage establishment shall be open for business without at least one on-site manager and one massage practitioner or massage therapist on the premises at all times who is in possession of a current valid permit.
(Ord. 1919 § 2, 2017)
A. 
To the maximum extent permitted by law, the Police Chief, Development Services Director, Code Enforcement and the San Bernardino County Health Department, or each of the aforementioned authorized representatives, shall have the right to enter any massage establishment for the purpose of making reasonable unscheduled inspections to observe and enforce compliance with applicable regulations, laws, and provisions of this chapter.
B. 
The Code Enforcement official and each and all of his or her assistants and any police officer shall have the power and authority to enter, free of charge, and at any reasonable time, any place of business required to be licensed herein, and demand an exhibition of its license certificate. Any person having such license certificate theretofore issued, in his or her possession or under his or her control that fails to exhibit the same on demand, shall be guilty of a misdemeanor and subject to the penalties provided for by the Upland Municipal Code.
(Ord. 1919 § 2, 2017)
All massage practitioners and massage therapists shall be required to obtain certification from the California Massage Therapy Council in order to practice massage therapy in the City of Upland. In addition to the other requirements of this chapter, a certificate holder shall:
A. 
Display his or her original certificate wherever he or she provides massage for compensation. A certificate holder shall have his or her identification card in his or her possession while providing massage services for compensation.
B. 
Provide his or her full name and certificate number upon the request of a member of the public, member of law enforcement, or local government agency charged with regulating massage or massage establishments, at the location where he or she is providing massage services for compensation.
C. 
Include the name under which he or she is certified and his or her certificate number in any and all advertising of massage for compensation.
D. 
Notify the City within 30 days of any changes in the certificate holder's address where he or she provides massage for compensation.
(Ord. 1919 § 2, 2017)
It is a violation of this chapter for an applicant or a holder of a business license, operator's permit or certificate to practice massage to commit any of the following acts, the commission of which is grounds for the City to deny, suspend or revoke a permit:
A. 
Unprofessional conduct, including, but not limited to, any of the following:
1. 
Advertising illegal sexual acts and/or services not authorized under this code.
2. 
Engaging in any form of sexual activity on the premises of a massage establishment where massage is provided for compensation, excluding a residence.
3. 
Engaging in sexual activity while providing massage services for compensation.
4. 
Practicing massage on a suspended certificate or practicing outside of the conditions of a restricted certificate.
5. 
Providing massage of the genitals or anal region.
6. 
Providing massage of female breasts without the written consent of the person receiving the massage and a referral from a licensed California health care provider.
B. 
Procuring or attempting to procure a certificate by fraud, misrepresentation, or mistake.
C. 
Failing to fully disclose all information requested on the application.
D. 
Impersonating an applicant or acting as a proxy for an applicant for the issuance of a permit or business license.
E. 
Impersonating a certificate holder, or permitting or allowing a noncertified person to use a certificate.
F. 
Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter or any rule or bylaw adopted by the state.
G. 
Committing any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications or duties of a certificate holder.
H. 
Denial of licensure, revocation, suspension, restriction, citation, or any other disciplinary action against an applicant or certificate holder by another state or territory of the United States, by any other government agency, or by another California health care professional licensing board. A certified copy of the decision, order, judgment, or citation shall be conclusive evidence of these actions.
I. 
Being convicted of any felony, misdemeanor, infraction, or municipal code violation, or being held liable in an administrative or civil action for an act, that is substantially related to the qualifications, functions, or duties of a certificate holder. A record of the conviction or other judgment or liability shall be conclusive evidence of the crime or liability.
J. 
Dressing while engaged in the practice of massage for compensation, or while visible to clients in a massage establishment, in any of the following:
1. 
Attire that is transparent, see-through, or substantially exposes the certificate holder's undergarments.
2. 
Swim attire, if not providing a water-based massage modality approved by the council.
3. 
A manner that exposes the certificate holder's breasts, buttocks, or genitals.
4. 
A manner that constitutes a violation of Section 314 of the Penal Code.
5. 
A manner that is otherwise deemed by the City to constitute unprofessional attire based on the custom and practice of the profession in California.
K. 
Committing any act punishable as a sexually related crime or being 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 Penal Code), or being required to register as a sex offender in another state.
L. 
Holding himself or herself out or to use the title of "certified massage therapist" or "certified massage practitioner," or any other term, such as "licensed," "certified," "CMT," or "CMP," in any manner whatsoever that implies or suggests that the person is certified as a massage therapist or massage practitioner, unless that person currently holds an active and valid certificate issued by the state.
M. 
Falsely stating or advertising or putting out any sign or card or other device, or falsely representing 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.
(Ord. 1919 § 2, 2017)
When the Police Chief concludes that grounds for denial, suspension, revocation or refusal to renew a permit exist, the Police Chief shall serve the applicant or permit holder, either personally or by deposit in the U.S. mail (postage prepaid, first class), addressed to the applicant's current address or addresses on file with the Police Department, with a notice of denial, non-renewal or notice of intent to suspend or revoke a permit (the "notice"). This notice shall state the reasons for the proposed action, the effective date of the decision, the right of the applicant or permit holder to appeal the decision to the City Manager and that the Police Chief's decision will be final if no appeal is filed within the time stated. If the above notice is mailed and the address(es) on file is found to be invalid and mail cannot be delivered, the time for filing an appeal shall end upon notice to the City of such invalidity or inability to deliver. The permit may then be revoked immediately, due to the address not being current as required by this chapter.
(Ord. 1919 § 2, 2017)
A. 
The right to appeal to the City Manager shall terminate upon the expiration of 15 calendar days from the date of deposit in the U.S. mail (postage prepaid, first class), or from personal service of the above notice. The appeal shall be personally delivered to or sent by U.S. mail (postage paid, first class), to the Chief of Police.
B. 
In the event an appeal is timely filed, the suspension or revocation shall not become effective until a final decision has been rendered by the City Manager. If no appeal is filed, the suspension or revocation shall become effective upon the expiration of the period for filing appeals.
C. 
The City Manager shall set a date, time and place for a hearing on appeal and shall notify the appellant of such date, time and place of the hearing. Said notice shall be sent by certified mail with proof of service attached, to the appellant, applicant or permittee at least 10 calendar days prior to the date of the hearing, addressed to the address listed on the respective application or, the address given in the notice of appeal. The appellant, applicant or permittee shall be entitled to notice of the basis for the proposed action, a copy of the documents upon which the notice was based and will have the opportunity to present contrary evidence at the hearing.
D. 
The City Manager, in his or her sole discretion, may grant or deny a request for a continuance.
E. 
The City Manager shall preside over the hearing on appeal or, in the alternative, the City Manager may appoint a hearing officer to conduct the hearing and receive relevant evidence. The City Manager or designee shall render a written decision within 45 calendar days from the date of the hearing. The decision of the City Manager or designee shall be final.
F. 
The following rules of evidence shall apply at the hearing:
1. 
Oral evidence shall be taken only under oath or affirmation. The City Manager or designee shall have authority to administer oaths, and to receive and rule on admissibility of evidence.
2. 
Each party shall have the right to call and examine witnesses, to introduce exhibits, and to cross-examine opposing witnesses who have testified under direct examination. The City Manager or designee may also call and examine any witness.
3. 
Technical rules relating to evidence and witnesses shall not apply to hearings provided for in this chapter. Any relevant evidence may be admitted if it is material and is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory rule which might make admission of such evidence improper over objection in civil actions. Hearsay testimony may be admissible and used for the purpose of supplementing or explaining any evidence given in direct examination, but shall not be sufficient in itself to support a finding unless such testimony would be admissible over objection in civil actions. The rules of privilege shall be applicable to the extent they are now, or are hereafter permitted in civil actions. Irrelevant, collateral, undue, and repetitious testimony shall be excluded.
(Ord. 1919 § 2, 2017)
A. 
Massage establishments in existence at the time of the adoption of the ordinance codified in this chapter shall comply with the provisions of this chapter in accordance with the following:
1. 
Within 30 days of the effective date of the ordinance codified in this chapter, the City shall notify the owners and operators of each massage establishment in the City of the ordinance's adoption. The City shall send a copy of the ordinance and a schedule for compliance via certified return receipt mail. If a notice is returned, the City shall send the notice via standard U.S. mail.
2. 
Within 30 days of the mailing of the notice in subsection (A)(1), the massage establishment operator shall submit an application for an operator's permit to the City in accordance with the provisions set forth in Section 17.29.040.
B. 
An existing massage establishment operator may make a written request for an extension of time to comply with the deadlines herein, upon a demonstrated showing of hardship. The Development Services Director or designee will hear the matter, and grant, deny or modify the request for an extension based on whether the facts demonstrate a reasonable and legitimate hardship for the operator. The decision of the Development Services Director or designee shall be final and not subject to appeal to the Planning Commission or City Council.
(Ord. 1919 § 2, 2017)
No operator's permit may be sold, transferred or assigned by a permittee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void except as hereinafter set forth.
(Ord. 1919 § 2, 2017)
It is unlawful for any person to engage in, conduct or carry on, or to permit the engagement in, conduct of or carrying on the business or operation of a massage establishment within the City without first obtaining a conditional use permit pursuant to the provisions of this chapter and Section 17.44.040 (Conditional Use Permits).
(Ord. 1970 § 8, 2022)
A. 
The decision making authority shall make a determination to allow a new massage establishment based upon the following finding, in addition to the findings required for conditional use permits contained within Section 17.44.040(F):
1. 
No massage establishment may be located within 1,000 feet of another massage establishment in the City. New massage establishments that are located more than 1,000 feet from another massage establishment may be considered if deemed not to be detrimental to health and safety concerns, including, but not limited to: (a) the proximity of the establishment to sensitive uses; (b) the concentration of one or more existing massage establishments within a 2,000 foot buffer; and (c) the proximity of the massage establishment to an existing massage therapy establishment(s) with a history of violations with Code Enforcement or the Police Department.
B. 
For the purposes of this section, all distances shall be measured by drawing a circle around the center point of the unit or building containing the massage establishment.
C. 
For the purposes of this section, sensitive uses shall include parks, playgrounds, schools, day care centers or preschools, and libraries.
(Ord. 1970 § 9, 2022)