A. 
Hours and Conditions of Operation.
1. 
No massage establishment shall operate nor shall any massage be administered in any massage establishment between the hours of 10:00 p.m. and 8:00 a.m. A massage begun any time before 10:00 p.m. must nevertheless terminate at 10:00 p.m. The hours of operation must be displayed in a conspicuous public place in the reception area within the massage establishment and in any front window clearly visible from outside of the massage establishment.
2. 
During hours of operation, no person other than a valid permit holder under this chapter, a massage technician, or a patron shall be allowed beyond the reception area of the massage establishment.
3. 
Patrons and visitors shall only be permitted in the massage establishment during the hours of operation.
a. 
Visitors shall only be permitted in the reception area of the massage establishment.
b. 
Patrons shall only be permitted in massage treatment areas if at least one massage technician is on the premises.
4. 
The massage establishment shall be supervised during all hours of operation by the owner of the establishment or the manager specified in the permit application. The name and photograph (minimum size of four inches by six inches) of the on-duty operator shall be posted in a conspicuous public place in the reception area of the massage establishment at all times that the business is open. This provision shall not apply to sole providers.
5. 
No massage establishment shall be used for residential purposes. There shall be no massage tables, cots, or beds in the establishment other than as shown on the approved floor plan.
B. 
Posting Requirements. In addition to any other requirements for posting set forth in this chapter, the following shall also apply:
1. 
A recognizable and legible sign complying with the requirements of this code shall be posted at the main entrance identifying the establishment as a massage establishment.
2. 
Each service offered, the price thereof, and the minimum length of time such service shall be performed shall be posted in a conspicuous public location in each massage establishment. No services shall be performed and no sums shall be charged for such services other than those posted.
C. 
Instruments, Equipment, and Personnel.
1. 
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.
2. 
Unless otherwise approved by a conditional use permit, massages shall be administered only on standard or portable massage tables or chairs which are covered with a durable, washable plastic or other acceptable waterproof material. Beds, mattresses, water beds, futons, sofa beds, any type of portable or convertible beds, and foam pads more than four inches thick or with a width of more than four feet shall not be permitted in the establishment.
3. 
No massage technician shall massage the genitals or anal area of any patron, nor shall any operator of a massage establishment allow or permit such a massage to the above-specified areas.
4. 
No massage technician shall massage the breasts of a female patron without the written consent of the person receiving the massage and a referral from a licensed California health care provider, nor shall any operator of a massage establishment allow or permit such a massage to the above-specified area.
5. 
A massage shall not be given and no patron shall be in the presence of any massage establishment staff unless the patron's genitals, and, if a female patron, the female patron's breasts, are fully covered by a fully opaque, nontransparent covering.
6. 
Persons providing services in the massage establishment shall not be dressed in attire that: is transparent, see-through, substantially exposes the massage technician's undergarments; exposes the massage technician's breasts, buttocks or genitals; is in a manner which has been deemed by CAMTC to constitute unprofessional attire based on the custom and practice of the profession in California; or in swim attire unless such person is providing a water-based massage modality which has been approved by CAMTC.
7. 
All massage establishments shall be so equipped, maintained and operated as to effectively control the entrance, harborage, and breeding of vermin, including flies. When flies or other vermin are present effective control measures shall be instituted for their control or elimination.
8. 
Clean and sanitary towels, sheets and linens shall be provided for each patron of the establishment. No common use of towels or linens shall be permitted. Heavy white paper may be substituted for sheets; provided, that such paper is used once for each person and then discarded into a sanitary receptacle.
9. 
All massage tables shall be at least two feet away from all walls at all times.
D. 
Personnel Lists.
1. 
Within seven calendar days of receiving a certificate of operation, the operator shall provide the police department with a complete list of all massage therapists, massage practitioners and other employees who are or will work, be employed or provide massage services in the massage establishment along with a copy of their CAMTC certificate and identification card, as well as the name and residence address of the manager principally in charge of the operation of the massage establishment.
2. 
The operator shall have a continuing obligation to notify the chief of police in writing of any changes in employees and massage therapists and massage practitioners within seven calendar days of such change.
3. 
The operator shall maintain copies of each massage technician's CAMTC certificate and identification card on file on the premises of the massage establishment which shall be available to any individual upon request, including but not limited to employees of the city. Additionally, the operator shall be required to file copies of each CAMTC certificate with the police department within seven days of a massage therapist or massage practitioner beginning to work at the massage establishment. Information required by this section shall be maintained at the massage establishment for a minimum of two years following the date that the person ceases providing services/employment to the massage establishment.
4. 
The operator shall maintain on the premises of the massage establishment a register of massage technicians and other non-state certified persons employed, working or providing services therein. The register shall be maintained for a minimum of two years following the time that the person ceases providing services/employment to the massage establishment. The operator shall at all reasonable times make the register immediately available for inspection upon demand of a representative of the police department, any health officer, or any other official charged with enforcement of this chapter. The register shall include but is not limited to the following information:
a. 
Name, nicknames and/or aliases;
b. 
Home address and relevant phone number, including but not limited to home and cell numbers;
c. 
Age, date of birth, gender, height, weight, color of hair and eyes;
d. 
The date of employment, and termination, if any;
e. 
The duties of each person; and
f. 
In a separate portion of the register, Social Security numbers, which shall only be available for review by the Gardena police department or other law enforcement personnel, but not health officers or other officials charged with the enforcement of this chapter.
E. 
Prohibited Conduct.
1. 
No alcoholic beverages shall be sold, served, or furnished on the premises of any massage establishment without a valid alcoholic beverage license.
2. 
No storage of condoms or spermicides shall be permitted within the massage establishment.
3. 
No person shall use or possess, nor shall there be any storage of, any sexually-oriented implements or paraphernalia which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.
4. 
No electrical, mechanical or artificial device shall be used by any massage establishment staff for audio and/or video recording or for monitoring the performance of a massage, or the conversation or other sounds in the massage rooms or restrooms.
5. 
No massage establishment 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 patrons or clients that any service is available other than those services described in this chapter and posted on the premises as required in this chapter, nor shall any massage establishment employ language in the text of any advertising that would reasonably suggest to a prospective patron that any service is available other than those services described in this chapter and posted on the premises as required by this chapter.
6. 
No arrangements for massage services to be performed shall be made in a room in the massage establishment used for the administration of massage, unless no other room exists in the establishment. No massage technician shall, after the commencement of any service for any patron, advise, suggest or otherwise indicate to such patron that any additional service is available, or ask or inquire of such patron whether such patron desires any additional service to be performed. No massage technician shall perform any service for any patron which was not ordered by such patron prior to the commencement of performance of any service rendered. No patron shall directly pay or give any gratuity to any massage technician, employee or operator, and no such person shall solicit any gratuity from any patron.
(Ord. 1714 § 1 (part), 2010; Ord. 1726 § 10, 2011; Ord. 1758 § 1 (part), 2015)
The following regulations shall apply to all massage establishments:
A. 
The building, or unit within the building where the massage establishment is located, shall comply with all applicable building code requirements.
B. 
All massage rooms and dressing rooms shall be screened off by hinged doors that can open inward. Swinging doors that can be opened inward, draw drapes, curtain enclosures, or accordion-pleated closures in lieu of doors are acceptable on all inner dressing rooms and massage therapy rooms or cubicles. Except for bathroom doors and an office, no interior door may have a lock.
C. 
In addition to the minimum lighting required by the provisions of Title 15, all rooms in which massages are being provided shall be lit with a minimum of one light fixture emitting at least two hundred ten lumens for every one hundred fifty square feet of space during the administration of such services. No dimmer switches, strobe lights, flashing lights, colored lights, or any coverings or other apparatus other than a lampshade which changes the color or darkens the color of the primary light source shall be used in any room in which massage services are being provided.
D. 
Any locker facilities provided for the use of patrons shall be fully secured for the protection of the patron's valuables and the patron shall be given control of the key or other means of access.
E. 
The walls in all rooms where water or steam baths are given shall have a washable mold-resistant surface.
F. 
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 and disinfected each day the business is in operation. Bathtubs shall be thoroughly cleaned and disinfected after each use.
G. 
One main entry that enters into the reception area shall be provided for patron use. All patrons, and any persons other than those providing services at the massage establishment, shall be required to enter and exit through the front door of the establishment.
H. 
All exterior doors (except rear exterior doors used only for employee entrance to and exit from the massage establishment) shall remain unlocked during business hours, and the establishment shall comply with the provisions of the Gardena Municipal Code pertaining to the posting of signs stating that doors shall remain unlocked during business hours. Exits for fire safety purposes may be allowed where deemed necessary by the appropriate public safety agency. Notwithstanding the above, the front door may be locked if there is no staff available to assure security for the clients and massage staff who are behind closed doors, provided that the massage establishment is owned by one individual with one or no employees or independent contractors.
I. 
There shall be no buzzer, alarm or intercom system.
J. 
No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs or substantially darkens the view into the premises at any time. The interior of the business shall be plainly visible from the exterior of the business by passing vehicles and pedestrians. Translucent UV films or tints shall be allowed provided they do not violate these provisions and if a sample has been approved through the conditional use permit process or by the community development department.
(Ord. 1714 § 1 (part), 2010; Ord. 1758 § 1 (part), 2015)
A. 
Representatives of the city's community development department, business license office, and police department; agents for the city from the county fire department and health department; and representatives of any state or local agencies with regulatory authority over massage establishments shall have the right to enter massage establishments, from time to time, during regular business hours, or at any time that the massage establishment is occupied or open for business, to verify the massage establishment is in compliance with all applicable laws without a search or inspection warrant to make reasonable inspection to ascertain whether there is compliance with the provisions of this chapter without the need for an inspection or abatement warrant.
B. 
The operator shall cause to be conspicuously posted so that the same may be readily visible to persons in the reception area of the massage establishment and in each room in which massage treatments are administered, in letters that are a minimum of one inch in height, a notice in English which provides substantially as follows:
THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY CITY AND HEALTH OFFICIALS WITHOUT PRIOR NOTICE
C. 
No person shall refuse to permit, cause delay, or interfere with a lawful inspection or compliance check of the premises by the officials listed in subsection A of this section at any time.
(Ord. 1714 § 1 (part), 2010; Ord. 1758 § 1 (part), 2015)
A. 
It is unlawful for any person to engage in conduct that violates any provision of this chapter, to engage in conduct which fails to meet the standards set forth in this chapter, or to own, manage, or operate a massage establishment that is not fully in compliance with the operational standards set forth in this chapter.
B. 
Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter shall be and is declared to be unlawful and a public nuisance and the city may, in addition to or in lieu of prosecuting a criminal action under this chapter, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law, including any code enforcement procedures established pursuant to the laws of the state of California and the city of Gardena; 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 establishments and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter. If an injunction is sought, attorney's fees and costs will be assessed at the discretion of the court against the party subject to said injunction.
C. 
Any violation of the provisions of this chapter shall constitute a separate offense for each and every day during which such violation is committed or continued.
D. 
Any violation of this chapter shall be a misdemeanor unless, in the sole discretion of the city prosecutor, it is charged or reduced to an infraction. Citations and warning notices may be utilized as determined appropriate to the circumstances by the enforcing personnel.
(Ord. 1714 § 1 (part), 2010; Ord. 1758 § 1 (part), 2015)