It is unlawful for any person to engage in, conduct or carry
on, in or upon any premises within the city the business of providing
massage, for any compensation without being in possession of a valid
CAMTC certificate.
(Ord. No. 2023-18, 1/10/2024)
(a)
It is unlawful for any person to own, manage, or operate in or upon
any premises within the city, a massage establishment in the absence
of a massage establishment permit as issued pursuant to this chapter.
(b)
It is unlawful for the owner or operator of any massage establishment
to allow any person to perform massage at the massage establishment
while committing any violation of this chapter.
(c)
It is unlawful for a person to own or operate a massage establishment
that does not meet one of the following conditions:
(d)
It is unlawful for an owner or operator to fail to properly supervise
any person, employee or independent contractor working in their massage
establishment. Owners and operators are responsible for the conduct
of their massage technicians at the massage establishment. A violation
of any regulation by a massage technician contained in this chapter
shall be prima facie evidence of the failure to supervise.
(e)
It is unlawful for:
(1)
An owner or operator, not including a sole practitioner of a
sole proprietorship, to operate a massage establishment without posting
a list of services and the name of the on-site operator on the wall
closest to the main entrance in the massage establishment; or
(2)
A sole practitioner of a sole proprietorship to operate a massage
establishment without a printed or digital list of services accessible
at the massage establishment.
(f)
It is unlawful for an owner or operator to operate a massage establishment
unless the CAMTC certificate for each massage technician is posted
in public view or maintained in a clearly labeled and identifiable
binder that is kept in the immediate vicinity of the cash register
or reception desk.
(g)
It is unlawful for:
(1)
An owner or operator, not including a sole practitioner of a
sole proprietorship, to allow or permit a massage technician to provide
any services not specifically provided on the posted list of services
that are required to be posted under subsection (e)(1) or for an owner
or operator to receive any compensation for additional services not
specifically included on the posted list of services; or
(2)
A sole practitioner of a sole proprietorship to provide any
services not specifically provided on the printed or digital list
of services that are required to be accessible under subsection (e)(2)
or receive any compensation for additional services not specifically
included on the printed or digital list of services.
(h)
It is unlawful for an owner or operator to allow a massage technician
to lock any door or doors leading to a room used to provide massage.
This provision shall not apply when there is no staff available to
ensure the security for clients and staff who are behind closed doors.
A patron may lock any door when alone in any room at any time.
(i)
It is unlawful for an owner or operator to fail to maintain a record
of services provided for each treatment. The record of treatment shall
include the name and address of the patron, the name of the massage
technician, the name of the operator, the type of service provided,
and the time the service began and ended. This record shall be retained
for a period of 12 months from the date of service.
(j)
It is unlawful for the owner or operator to offer or provide any
massage between the hours of 10:00 p.m. and 7:00 a.m. or to remain
open and offer or provide any other services during that period of
time. All customers, patrons and visitors shall be excluded from the
massage establishment between the hours of 10:00 p.m. and 7:00 a.m.
(k)
It is unlawful for an owner or operator to fail to provide to all
patrons clean and sanitary towels, and opaque coverings capable of
covering the patron's specified anatomical areas. Such coverings
shall be used for one customer and shall not be reused without first
being cleaned.
(l)
It is unlawful for an owner or operator to fail to provide or use
disinfecting agents and sterilizing equipment sufficient to assure
cleanliness.
(m)
It is unlawful for an owner or operator to fail to provide or use
disposable or washable protective coverings on massage tables and
all massage tables shall be covered with durable, washable plastic,
or other waterproof material.
(n)
It is unlawful for an owner or operator, not including a sole practitioner
of a sole proprietorship operating a massage establishment, to fail
to keep or maintain on file and ready for inspection a statement designating
the individual operator(s) responsible for the day-to-day operations
when the massage establishment owner is not on the premises.
(o)
It is unlawful for an owner or operator to not have a designated
owner or operator on the premises at all times the massage establishment
is open.
(p)
It is unlawful for the owner or operator of any massage establishment
to offer or provide massage services unless the owner or a designated
on-site operator is present at the massage establishment.
(q)
It is unlawful for an owner or operator to engage in, conduct or
carry on business of a massage establishment unless they have a policy
of insurance issued by an insurance company authorized to do business
in the State of California evidencing that the person is insured under
a liability insurance policy providing minimum coverage of $1,000,000
for injury or death to any person arising out of the operation of
any massage establishment and the administration of a massage. Evidence
of such a policy shall be available at inspection upon request.
(r)
It is unlawful for an owner or operator to operate a massage establishment
if the main entrance to a massage establishment is locked during posted
business hours. An owner or operator shall ensure at least one employee
or independent contractor directly observes the entrance, without
use of camera surveillance equipment, to ensure access to the main
entrance and to ensure the security of all patrons. A sole practitioner
of a sole proprietorship operating a massage establishment may use
camera surveillance equipment to ensure access to the main entrance
and to ensure the security of all patrons.
(s)
It is unlawful for an owner or operator to operate a massage establishment
if any external door is locked, unless the massage establishment is
operated by a sole practitioner of a sole proprietorship.
(t)
It is unlawful for an owner or operator to operate a massage establishment
unless every employee or independent contractor of a massage establishment
wears a uniform consistent with the service provided. The uniform
shall be made of non-transparent material and may not expose any specified
anatomical area. Swimwear, lingerie, and undergarments may not be
used as a uniform or displayed as part of a uniform. The uniform shall
include a nametag on the outermost garment bearing the employee's
name as it appears on a valid and current driver's license and/or
identification card issued by a state or federal government agency.
(u)
It is unlawful for an owner or operator to operate a massage establishment
which is used for residential or sleeping purposes.
(v)
It is unlawful for an owner or operator to fail to notify the chief
of police in writing of any changes in employees, massage technicians,
CAMTC certification status of massage technicians, or of a change
in ownership interest or designated operator prior to the change.
(w)
It is unlawful for an owner or operator to operate a massage establishment
in which any unprofessional conduct occurs as defined by Business
and Professions Code section 4609.
(Ord. No. 2023-18, 1/10/2024)
The investigating officials of the city shall have the right
as otherwise provided for by law to enter the premises of a massage
establishment from time to time during regular business hours for
the purpose of making a reasonable inspection to enforce compliance
with this chapter.
(Ord. No. 2023-18, 1/10/2024)
(a)
It is unlawful for any person to give, provide, or administer to
another person for any form of compensation a massage as defined in
this chapter at a massage establishment or any location removed from
a massage establishment within the city without being in possession
of a valid CAMTC certificate.
(b)
It is unlawful for a massage technician to practice massage for any
form of compensation within the city without providing their CAMTC
certificate to the chief of police as part of the business licensing
process. The registration application shall include the: (1) massage
technician's name, residence address and telephone number; (2)
employer name, work addresses and telephone number; and (3) a copy
of the massage technician's CAMTC certificate.
(c)
It is unlawful for any person to give, provide, or administer to
another person for any form of compensation whatsoever a massage as
defined in this chapter at any location within the city in the absence
of a valid business license pursuant to Chapter 16 of the Escondido
Municipal Code, unless employed at a massage establishment with a
valid business license. A separate business license is required for
each location if a massage technician works at multiple locations.
(d)
It is unlawful for a massage technician, not including a sole practitioner of a sole proprietorship operating a massage establishment, to provide any service not specifically listed on the massage establishment's posted list of services that are required to be posted under section 16A-7 subsection (e)(1) of this chapter.
(e)
It is unlawful for a sole practitioner of a sole proprietorship operating a massage establishment to provide any service not specifically listed on the massage establishment's printed or digital list of services that are required to be accessible under section 16A-7 subsection (e)(2) of this chapter.
(f)
It is unlawful for a massage technician to remove any article of
the massage establishment uniform or other article of clothing while
providing any massage service.
(g)
It is unlawful for a massage technician to provide massage when any
specified anatomical areas of either patron or massage technician
are exposed.
(h)
It is unlawful for a massage technician to touch the specified anatomical
area of a patron whether or not the specified anatomical areas are
covered.
(i)
It is unlawful for a massage technician to lock the door to the room
where massage is provided or to provide massage unless no staff is
available to ensure security for clients and massage staff.
(j)
It is unlawful for a massage technician to engage in any unprofessional
conduct as defined by Business and Professions Code section 4609.
(Ord. No. 2023-18, 1/10/2024)
