"Applicant"
means, in the case of:
4.
Corporation:
each officer, director, and holder of five percent or more
of the corporation's stock.
"Health Department"
means the Department of Environmental Health of the County
of San Diego which serves as the City's Health Department.
"Health Officer"
means the Health Officer of the County of San Diego, or his/her
designees, that serves as the City's Health Officer.
"Massage"
means any method of pressure on or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating, or stimulating of
the external parts of the body with the hands or other parts of the
body: (1) with or without the aid of any mechanical or electrical
apparatus or appliances; and (2) with or without such supplementary
aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams,
lotions, ointments, or other similar preparations.
"Massage business"
means a commercial activity involving, in whole or in part,
the recurring giving or administering of massages. A massage business
may involve, among other things:
1.
A "massage establishment"
which means a fixed location at which a massage business
engages in or carries on a commercial activity involving, in whole
or in part, the recurring giving or administering of massages on the
premises.
"Massage business employee"
means any person who, as an independent contractor or employee
or agent, is involved in providing services to the patrons of the
massage business.
"Massage business operator"
means any person (including without limitation, a corporation,
partnership, group or association) who commences, conducts, owns,
manages, is in charge of, participates in, or sponsors a massage business
doing business within the City.
"Massage technician"
means any individual who, for commercial purposes, gives
or administers, or offers to give or administer, a massage to another
individual.
"Patron"
means an individual who is seeking or receiving a massage.
"Recognized school of massage"
means any school or institution of learning which teaches
the theory, ethics, practice, profession, or work of massage, which
school or institution has been approved pursuant to the California
Education Code, and which requires a resident course of study of not
less than 250 hours to be given in not less than six calendar months
before the student shall be furnished with a diploma or a certificate
of graduation. A school offering a correspondence course, but not
requiring attendance, is not a "recognized school of massage."
"Sheriff"
means the Sheriff of the County of San Diego which serves
as the City's law enforcement agency.
"Specified anatomical areas"
means pubic region, human genitals, perineum, anal region
and the area of the female breast that includes the areola and the
nipple.
The City Manager or designee is the issuing authority for the
Operations Permit: Massage Business.
(Ord. 2020-15)
The application for an Operations Permit: Massage Business shall
set forth the exact nature of the massage services to be offered,
the proposed place of business, the proposed massage establishment
if any, and the name and address of each applicant. In addition to
the foregoing, the applicant shall furnish the following information:
A. The
two previous addresses of the applicant immediately prior to the present
address of the applicant.
B. Written
proof satisfactory to the Sheriff that the applicant is over the age
of 18 years.
C. Applicant's
height, weight, color of eyes and hair.
D. Four
portrait photographs of the applicant, at least two inches by two
inches.
E. Business,
occupation, or employment history of the applicant for the five years
immediately preceding the date of application.
F. The
business license or permit history of the applicant: whether such
person, in previously operating in this or another county, city or
state, under license or permit, has had such license or permit suspended
or revoked, the reason therefor, and the business activity or occupation
subsequent to such suspension or revocation.
G. Whether
the applicant has ever been convicted of any crime, except misdemeanor
traffic violations. If any person mentioned in this subsection has
been so convicted, a statement must be made giving the place and court
in which such conviction was had, the specific charge under which
the conviction was obtained, the sentence imposed as a result of such
conviction and the circumstances surrounding the crime for which the
person was convicted.
H. Such
other identification and information reasonably necessary for the
City to discover the truth of the matters required to be set forth
in this section.
I. The
Sheriff may take the fingerprints and additional photographs of the
applicant, and may confirm the height and weight of the applicant.
J. If the
applicant is a corporation, the name of the corporation shall be set
forth exactly as shown in its Articles of Incorporation, together
with the names and residence addresses of each of its current officers,
directors, and each stockholder holding more than five percent of
the stock of the corporation. If the applicant is a partnership, the
application shall set forth the name and residence address of each
of the partners, including limited partners. If one or more of the
partners is a corporation, the provisions of this section pertaining
to corporate applicant apply.
Upon receipt of the application, the issuing authority shall
collect the authorized processing fee. The issuing authority shall
retain one photograph of the applicant to be attached to the permit.
Then, the issuing authority shall deliver a copy of the application
to the following:
A. To the
Health Department to conduct an inspection of the premises of any
proposed massage establishment and report on compliance with health
related regulations.
B. To the
Planning Department:
1. To
determine the proposed activity's conformance to the City's land use
regulations; and
2. To
conduct an inspection of the premises of any proposed massage establishment
and report on compliance with the facilities requirements of this
chapter and the Code.
C. To the
Sheriff's Department to conduct a review and background check and
report on the applicant's suitability under this chapter. The issuing
authority shall send one photograph of the permittee to the Sheriff.
It is unlawful for any massage business operator to be in violation
of one or more of the following regulations:
A. The
massage business operator shall be in possession of and in full compliance
with a validly issued, unexpired, and unrevoked Operations Permit:
Massage Business.
B. The
massage business operator shall not allow the massage business or
an employee or agent of the business to violate any provision of this
Code.
C. Within
two business days of employing or terminating the employment of a
person as a massage technician, the massage business operator shall
report to the issuing authority, in writing, the name and address
of the person.
D. The
massage business operator shall not involve a massage establishment
in the business unless the massage establishment is identified in
a validly issued, unexpired, and unrevoked Operations Permit: Massage
Business and the massage establishment is in full compliance with
the regulations contained in this Code.
E. In the
massage business, the massage business operator shall not employ or
allow a person to give or administer a massage unless that person
is in possession of a valid, unrevoked Operations Permit: Massage
Technician.
F. The
massage business operator shall make available for inspection by a
City officer, on demand:
1. The
permit allowing the massage business and designating the massage establishment,
if any; and
2. The
permit of each and every massage technician employed or working in
the business.
G. The
massage business operator shall prepare or cause to be prepared a
concurrent, written record of each massage given or administered in
the massage business, to include, without limitation:
1. The
first and last name and the address of each patron;
2. The
date and hour when the massage was given or administered;
3. The
address of the premises where the massage was given or administered;
4. The
name of the person administering the massage;
5. The
type of massage given or administered; and
6. The
charge imposed for the service.
The massage business operator shall maintain such records for
a period of no less than two years from the date of the entry; and
shall make these records available for inspection, on demand, by City
officials charged with enforcement of this chapter. The City shall
keep the furnished information confidential for use only in enforcement.
Any unauthorized disclosure or use of such records is unlawful. It
is unlawful to place false information into the records required to
be kept by this subsection.
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H. It is
unlawful for a massage business operator to operate a massage business
under any name or designation not specified in the Operations Permit:
Massage Business.
I. It is
unlawful for a massage business operator to allow any person to massage,
or intentionally touch the specified anatomical areas of another person.
It is unlawful for any person (including without limitation,
a corporation, partnership, group or association) to commence, conduct,
own, manage, operate, be in charge of, participate in, or sponsor
a massage establishment which is not in full compliance with the following
regulations:
A. Permit.
1. A
massage business operator shall only operate a massage establishment
that is identified in, and in full compliance with, the terms of a
validly issued, unexpired, and unrevoked Operations Permit: Massage
Business held by the massage business operator.
2. No
massage establishment shall be open for business without at least
one massage technician holding a current, unrevoked Operations Permit:
Massage Technician being on the premises.
B. Establishment
Not a School. A massage establishment shall not be operated as a school
of massage, or use the same facilities as that of a school of massage.
C. Alcohol
or Drugs.
1. No
massage business operator shall permit a person to be or remain in
any part of a massage establishment while such person is in the possession
of, consuming, using or under the influence of any alcoholic beverage
or drug, except pursuant to a doctor's prescription.
2. It
is unlawful for any person to be or remain in any part of a massage
establishment while in the possession of, consuming, using or under
the influence of any alcoholic beverage or drug, except pursuant to
a doctor's prescription.
D. Access
to Establishment.
1. Each
entrance to the massage establishment, regularly used by the public
for ingress or egress to such establishment, shall remain unlocked
during business hours.
2. The
massage business operator shall allow City officials to enter the
massage establishment from time to time for the purpose of making
reasonable inspections to observe and enforce compliance with the
applicable regulations, laws and the provisions of this chapter and
Code.
E. Facilities
to Serve Patrons. Based upon the maximum number of patrons for which
the massage establishment can simultaneously render on-premises massages,
there shall be:
1. One
or more dressing rooms for the exclusive use of patrons with sufficient
capacity to serve the maximum number of patrons.
2. A
minimum of one separate locker available for each patron, capable
of being locked by the patron, with sufficient size and strength to
protect the clothing and valuables of the patron.
3. A
minimum of one shower or tub for each six patrons, or portion thereof.
4. For
every six patrons, or portion thereof: one toilet and one wash basin
located together, within or as close as practicable to the area devoted
to giving or administering the massage.
a. The operator must control the toilet area to insure that it is not
accessible by both sexual genders at the same time.
b. The provision of each required wash basin shall include, at all times:
(1) hot and cold running water provided through a mixing faucet; (2)
hand washing soap or detergent immediately available in a permanent,
wall mounted dispenser; and (3) sanitary towels immediately available
in a permanent, wall mounted dispenser.
5. A
separate massage room for each patron.
6. In
those establishments where steam room or sauna baths are provided,
if the Operations Permit allows male and female patrons to be served
simultaneously, each steam room and sauna room shall be posted and
directly controlled to insure that neither is accessible by both sexual
genders at the same time.
F. Facilities
for Employees. Toilets, wash basins, steam rooms and sauna rooms shall
be controlled to insure that no business patron is using a facility
simultaneously with an owner, operator, employee, agent or contractor
of the business.
G. Lighting.
1. At
a minimum, lighting shall be provided in accordance with Article 220
of the National Electric Code.
2. During
the operation of the massage business, a light level of no less than
five foot candles shall be maintained at every point within each room
or enclosure where massage services are given or administered.
3. At
least one artificial light of not less than 40 watts shall be provided
in each room or enclosure of the establishment capable of being occupied
by a person.
H. Maintenance.
1. All
walls, ceilings, floors and facilities for the establishment shall
be in good repair and maintained in a clean and sanitary condition.
2. At
least twice each day that the establishment is in operation, wet and
dry heat rooms, steam or vapor rooms, steam or vapor cabinets, shower
compartments and toilet rooms, shall be thoroughly cleaned and disinfected
with a disinfectant approved by the Health Department.
3. After
each use, before the next use, showers and bathtubs shall be thoroughly
cleaned and disinfected with a disinfectant approved by the Health
Department.
4. At
least twice each day that the establishment is in operation, the entire
premises shall be cleaned with a disinfectant approved by the Health
Department.
5. The
massage business operator shall prepare or cause to be prepared a
written record of the cleaning and disinfecting, using a form which
has first been approved by the issuing authority. Entries shall be
made into the record within five minutes of the completion of the
cleaning or disinfecting event being recorded.
The massage business operator shall maintain such records for
a period of no less than one year from the date of the entry; and
shall make these records available for inspection, on demand, by City
officials charged with enforcement of this chapter. The City shall
keep the furnished information confidential for use only in enforcement.
Any unauthorized disclosure or use of such records is unlawful. It
is unlawful to place false information into the records required to
be kept by this subsection.
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I. Massage
Service Area.
1. No
massage service shall be rendered within any cubicle, room, booth
or any area within a massage establishment which is, at that point
in time, capable of being shut off by a locked door.
2. Surfaces
upon which massage service is rendered shall be covered in a workmanlike
manner with durable washable plastic or other waterproof material
acceptable to the Health Department as being safe for public use.
3. No
person other than the patron receiving a massage and a massage technician
who possesses a current and unrevoked permit, shall be within a room
wherein a massage is being given.
4. Each
wall facing a massage service area shall be colored so as to provide
a light reflectance value of no less than 70%.
J. Rooms
Containing Steam Room, Tub, Shower, or Toilet. In rooms containing
a steam room, tub, shower, or toilet:
1. A
waterproof floor covering shall be provided which extends up the walls
at least six inches and shall be covered at the floor wall juncture
with at least a 3/8 inch radius; and
2. Walls
shall be: (a) smooth; (b) waterproof; and (c) colored so as to provide
a light reflectance value of no less than 70%.
K. Signs.
1. At
the main entrance of the massage establishment, in compliance with
the sign regulations of this Code, a recognizable and legible sign
shall be posted which identifies the premises as a massage establishment.
2. Within
the massage establishment, in an open and conspicuous public place
on the premises, the massage business operator shall post and at all
times maintain a list of services available and the cost of such services.
The services shall be described in readily understandable language.
L. Towels.
1. Based
upon the maximum number of patrons for which the massage establishment
can render on-site, simultaneous massages, there shall be, at all
times of operation, five towels for each patron, available for the
personal use of the patron. Such towels shall be clean, freshly laundered
and disinfected.
2. Upon
request of the patron, the patron shall be provided with clean, sanitary,
and disinfected towels and linen or other covering for the surface
upon which the massage is given.
3. Based
upon the number of employees required to serve the maximum number
of patrons for which the massage establishment can render on-site,
simultaneous massages, there shall be, at all times of operation,
five towels for each employee, available for the personal and exclusive
use of the employee. Such towels shall be clean, freshly laundered
and disinfected.
4. Towels
shall not be reused without first having been laundered and disinfected.
Disposable towels and coverings shall not be reused.
5. Concurrent
or consecutive use of a towel by two or more persons, without laundering
and disinfecting between use, is prohibited.
M. Linen
or Other Coverings.
1. Based
upon one surface for rendering massage service to each patron for
which the massage establishment can render on-site, simultaneous massages,
there shall be, at all times of operation, three sets of linen/other
coverings for each such surface, available for use. Such items shall
be clean and freshly laundered.
2. Linen/other
coverings shall not be reused without first having been laundered
and disinfected. Disposable coverings shall not be reused.
3. Heavy
white paper may be used as "other coverings" provided that such paper
is used only once and then discarded into a sanitary receptacle.
N. Storage.
1. Closed
cabinets shall be provided with sufficient capacity to store all required
clean linens, towels and coverings.
2. All
required clean linens, towels and coverings shall be stored in closed
cabinets.
3. Closed
receptacles shall be provided with sufficient capacity to store used
towels, linens and other coverings.
4. All
used towels, linens and other coverings on the premises shall be stored
in closed receptacles.
O. Ventilation.
In addition to providing the ventilation required by the Uniform Building
Code, to allow for adequate ventilation in cubicles, rooms and areas
provided for patron's use, which are not serviced directly by required
window or mechanical systems of ventilation, partitions within the
massage establishment shall be constructed so that the height of partitions
does not exceed, at any point, 75% of the floor to ceiling height
at the point of measurement.
P. Employee
Clothing.
1. During
business hours, each massage establishment employee on the premises
shall, when located in an area used by the patrons or which can be
viewed by patrons, be clothed so as to be fully covered from a point
not to exceed four inches above the center of the kneecap to the base
of the neck, excluding the arms. Except, shorts may be worn so long
as the shorts extend down the leg a minimum of three inches from the
crotch and the body above that point is fully covered to the base
of the neck, excluding the arms.
2. The
covering, which includes trousers, pants or shorts, must be an opaque
material and be maintained in a clean and sanitary condition.
3. During
business hours, each massage establishment employee on the premises
shall, when located in an area used by the patrons or which can be
viewed by patrons, be clothed so that the employee's specified anatomical
areas are covered from view.
Q. Instruments.
Within the massage establishment:
1. There
shall be available a sufficient quantity of disinfecting agents and
equipment, approved by the Health Department, for disinfecting instruments
used in giving or administering a massage.
2. No
instrument shall be used in giving or administering a massage unless
the instrument is first disinfected using methods, disinfecting agents
and equipment approved by the Health Department.
R. Control
of Services. Within the massage establishment, the massage business
operator shall not allow any person:
1. To
offer to perform, or perform any service other than those posted in
accordance with this chapter;
2. To
give or administer, or offer to give or administer, a massage unless
the person is in possession of, and is in full compliance with the
terms of, a validly issued, unexpired, and unrevoked Operations Permit:
Massage Technician; or
3. To
give or administer, or offer to give or administer, a massage in violation
of one or more of the regulations of this title.
It is unlawful for a massage business operator to provide, or
offer to provide an off-premises massage service unless:
A. The
massage technician is in possession of, and is in full compliance
with the terms of, a validly issued, unexpired, and unrevoked Operations
Permit: Massage Technician;
B. The
massage technician is working as part of a massage business which
is in possession of, and is in full compliance with the terms of,
a validly issued, unexpired, and unrevoked Operations Permit: Massage
Business;
C. The
massage is offered to be given or administered in full compliance
with the regulations of this title;
D. The
massage is given or administered in full compliance with the regulations
of this title; and
E. Before
the massage is given or administered, the massage technician presents
to the patron a written document which lists the services available
and the cost of such services. The services shall be described in
readily understandable language.