§ 5-15.08. Prohibited conduct.

Owners, RMOs or managing employees of massage establishments or off-premises massage businesses are strictly liable for the conduct of massage practitioners (including independent contractor or agents) whether the owners, RMOs, or managing employees are present or not during the prohibited conduct, for any of the following unlawful activities:

(a)

For any massage practitioner, managing employee, independent contractor, agent or any other employee working in a massage establishment or off-premises massage business, or customers, patrons, or guests of the establishment or service to engage in any specified sexual activities upon the premises of the massage establishment or the off-premises massage business location.

(b)

Engaging in overt, sexually suggestive advertising related to massage services that would reasonably suggest to a potential customer that any of the specified sexual activities is being offered.

(c)

For any massage practitioner, managing employee, independent contractor, agent or any other employee of a massage establishment or off-premises massage business to expose specified anatomical areas in the presence of, or engage in any specified sexual activity with, any patron, customer, or guest.

(d)

Providing massage of the genitals or anal region.

(e)

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.

(f)

For a massage practitioner, managing employee, independent contractor or agent or massage establishment or off-premises massage business employee to make intentional physical contact with the specified anatomical areas of any customer, patron, or guest, in the course of administering the massage.

(g)

Dressing while engaged in the practice of massage for compensation, or while visible to clients in a massage establishment or off-premises massage business, 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 CAMTC.

(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.

(h)

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.

(i)

Provide off-premises massage that includes any services not authorized by this chapter, or applicable State or Federal statute, rule, or regulation.

(§ 2 (Exh. A), Ord. No. 1287, eff. April 5, 2018)