§ 5-15.09. Massage establishment facilities and operations requirements.

Owners, RMOs, managing employees, massage practitioners, and independent contractors and agents are strictly liable and responsible for all of the following:

(a)

Facility requirements. Each massage establishment shall comply with the following facility requirements:

(1)

Signs. A recognizable and legible sign complying with the requirements of this Code, shall be posted at the main entrance identifying the location as a licensed massage establishment or off-premises massage business. Permits do not need to be displayed at home-based off-premises massage businesses.

(2)

Massage establishment permit. A recognizable and legible massage establishment permit, provided by the city, identifying the name, owner, and valid dates of operation, and complying with the requirements of this Code, shall be posted at the main entrance lobby identifying the location as a licensed massage establishment or off-premises massage business. Permits do not need to be displayed at home-based off-premises massage businesses.

(3)

Lighting. In addition to the minimum lighting required by the provisions of Title 8 of this Code, at least one artificial light of not less than forty (40) watts shall be provided and turned on in each room or enclosure where Massage is to be performed on patrons.

(4)

Ventilation. Minimum ventilation must be provided and operational in accordance with the California Building Code, as adopted by this Code.

(5)

Disinfection of instruments. Instruments used for massage must be disinfected before each use. Where instruments for massage are employed, adequate quantities of supplies for disinfection must be available during all hours of operation.

(6)

Closed cabinets shall be provided and utilized for the storage of clean linens and towels. Appropriate receptacles shall also be provided for the storage of all soiled linens and towels.

(7)

Massage tables or chairs. A massage table or chair shall be provided in each massage room, and the massage shall be performed on this massage table or chair, with the exception of "Thai," "Shiatsu," or similar forms of massage, which may be performed on a padded mat on the floor. Beds and floor mattresses are not permitted on the premises.

(8)

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.

(b)

Operational requirements. Each massage establishment or off-premises massage business shall comply with the following operational requirements, as applicable:

(1)

General cleaning. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities for the establishment shall 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 facilities shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use. This subsection (b)(1) is not applicable to off-premises massage businesses that do not provide massage at a fixed location.

(2)

Towels and linens. Clean and sanitary towels, sheets, and linens shall be provided in sufficient quantity. Towels, sheets, and linens shall not be used by more than one patron. Reuse of such linens is prohibited unless such linen has first been laundered. Heavy white paper may be substituted for sheets provided that such paper is used once for each patron and then discarded into a sanitary receptacle.

(3)

Patron garments. All bathrobes, bathing suits, or other garments provided for the use of patrons must be either disposed of after any use or laundered as provided in subsection (b)(2) above.

(4)

Dressing rooms. If separate dressing rooms are offered, they may be occupied by no more than one person at a time, excepting for guardians, immediate family, and personal aids for the disabled. Dressing rooms need not be separate from the room in which the massage is being performed.

(5)

Toilet facilities shall be provided in convenient locations within the Massage Establishment and shall consist of a least one unisex toilet with lavatories or wash basins provided with soap and both hot and cold running water either in the toilet room or vestibule.

(6)

A minimum of one wash basin for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing of massage services. Soap and sanitary towels shall also be provided at each basin.

(7)

Locked doors. All exterior doors (except a rear entrance for staff only) and interior doors must remain unlocked during business hours, unless there is no massage establishment staff available to assure the security of patrons and massage practitioners who are behind closed doors. This requirement is not applicable to off-premises massage businesses that do not provide massage at a fixed location.

(8)

Service list and prices. For each massage service offered, the price of the service and the minimum length of time such service will be performed shall be posted in a conspicuous public location in each massage establishment. Off-premises massage businesses that do not provide massage at a fixed location shall provide such list, in writing, from each massage practitioner, available upon request of customer, prior to providing such services. No services may be performed and no sums of money may be charged for such services other than those posted. All arrangements for services to be performed at a fixed location must be made in a room in the massage establishment not being used for massage, unless no other room exists in the establishment.

(9)

Massage practitioner attire and hygiene. All massage practitioners shall be clean and shall perform all services in full, clean outer garments as specified in this chapter and Business and Professions Code 4609, and shall not include dressing while engage in the practice of massage, or while visible to clients in a massage establishment or off-premises massage business location, in any of the following:

(i)

Attire that is transparent, see-through, or substantially exposes the certificate holder's undergarments.

(ii)

Swim attire, if not providing a water-based massage modality approved by CAMTC.

(iii)

A manner that exposes the certificate holder's breasts, buttocks, or genitals.

(iv)

A manner that constitutes a violation of Section 314 of the Penal Code.

(v)

A manner that is otherwise deemed by CAMTC to constitute unprofessional attire based on the custom and practices of the profession in California.

(10)

Patron attire. The patron's genitals, pubic area, anus, and a female patron's breasts below a point immediately above the top of the areola must be fully draped at all times while any massage technician is in the massage room or cubicle with the patron.

(11)

Off-premises massage business equipment. All equipment, towels, linens, and materials used during and in the performance of the massage activities provided by or used by the massage practitioner as part of an off-premises massage business shall comply with all of the hygiene standards specified above applicable to services provided in a location that is not fixed.

(12)

Advertising. All advertising of massage for compensation shall include the name under which he or she is certified and his or her CAMTC certificate number. All establishments, businesses, properties or providers that offer massage for compensation shall include the license numbers of the certificate holders who provide massage services at the facility. No advertising shall falsely state or advertise, be put out on any sign or card or other device, or falsely represent to the public through any phone, print or electronic media anything sexually suggestive related to massage services nor shall any person, business or establishment hold himself, herself, or itself as a certified massage provider or establishment unless currently holding active and valid certificates issued by CAMTC and the City. No permittee, owner, contractor, landlord or employee of a massage establishment or off-premises massage business 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 that any service is available that is prohibited under this chapter nor shall any massage establishment or off-premises massage business employ language in any advertising or business name that would reasonably suggest to a prospective client that any service is available that is prohibited under this chapter.

(13)

A massage establishment or off-premises massage business (commercial locations) must not be used for residential or sleeping purposes.

(14)

No alcoholic beverages shall be sold, served, furnished, kept, consumed, or possessed on the premises of any massage establishment.

(15)

Controlled substances must not be consumed in a massage establishment unless the person has a prescription for the substance.

(16)

Massage establishment hours of operation and services. No massage establishment shall operate nor shall any massage be administered in any massage establishment between the hours of 10:00 p.m. and 7:00 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 lobby within the massage establishment and in any front window clearly visible from outside of the massage establishment. Unless otherwise specified in this chapter, off-premises massage businesses must observe the same time windows and requirements with respect to the provision of massage as a massage establishment at a fixed location.

(17)

The use or possession of adult oriented merchandise in or on any part of a massage establishment is expressly prohibited.

(18)

Condoms must not be kept for any purpose in the massage establishment.

(19)

Recordings.

(i)

No electrical, mechanical or artificial device shall be used by the operator and/or RMO, managing employee, massage therapist or any employee of the massage establishment for audio and/or video recording or· for monitoring the performance of a massage, or the conversation or other sounds in the massage rooms without the knowledge and written consent of the patron.

(ii)

No video recording devices or surveillance cameras of any type may be installed into rooms in which massage services will be rendered. No live-viewing, broadcasting, or streaming or audio or video may occur in the massage establishment where massage services will be rendered.

(20)

All massage services shall be paid for in the reception area. Massage establishments may utilize a system where tip envelopes are provided in the treatment rooms to be utilized and deposited by the client in the reception area. This requirement is not applicable to off-premises massage businesses that do not provide massage at a fixed location.

(21)

No person other than the client, the massage practitioner assigned to the client, and the client's immediate family or guardian are allowed in the massage room if any door into the massage room is closed. Others may be in the massage room so long as all doors to the room are fully open. If more than one non-related patron is to be treated simultaneously at the same massage establishment, separate massage rooms shall be provided for each patron except as allowed for couples massage pursuant to the following provisions:

(i)

Massage may be provided to no more than two (2) persons at the same time in the same room pursuant to all of the following requirements:

(A)

The massage establishment providing a couples massage must identify these services within their permit application.

(B)

A couples massage may only be performed in a room of at least 100-square feet in size.

(C)

Two (2) certificated massage practitioners must be present in the room at all times when a couples massage is provided.

(D)

Two (2) massage tables must be present in the room and only one patron is allowed to receive a massage on a single massage table at one time while a couples massage is provided.

(22)

It is unlawful for an owner, operator, or managing employee 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 practitioner, the name of the operator(s) or managing employee on site during the massage, the type of service provided, and the time the service began and ended.

(23)

It is unlawful for an owner, operator, or managing employee to fail to keep or maintain on file and ready for inspection a statement designating the individual operator(s) or managing employees responsible for the day-to-day operations at all times.

(24)

It is unlawful for an owner, operator, or managing employee to not have a designated operator or managing employee on the premises at all times the massage establishment is open.

(25)

It is unlawful for an owner, operator, or managing employee to engage in, conduct, or carry on business of a massage establishment at any time unless the massage establishment or off-premises massage business has a current and in effect 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 a minimum coverage of $1,000,000.00 for injury or death to any person arising out of the operation of any massage establishment and the administration of a massage. The city must be provided notice of a lapse in any such policy by the RMO if there is a period after the lapse for which no coverage has been secured. Evidence of such a policy should be available on the premises of the massage establishment or offices of the off-premises massage business at inspection upon request.

(26)

It is unlawful for any person to be, or act as, a managing employee (whether employee, independent contractor, or agent) who has previously been the owner of a massage establishment or off-premises massage business for which their permit was revoked, for any lawful reason.

(c)

CAMTC certificate. All massage practitioners shall have on his or her person, or maintain on the premises, their CAMTC certificate identification card. Such identification card shall be provided to City officials or authorized City contractors upon request. A minimum of one CAMTC certificate holder shall be on the premises at all times while the massage establishment is open for business if the massage establishment offers massage at a fixed location.

(d)

Owner responsibility. Each owner, operator, and managing employee is strictly liable (as interpreted by People v. Bachrach (1980) 114 Cal.App.3d Supp.8; and People v. Travers (1975) 52 Cal.App.3d 111) for the conduct of all employees, agents, independent contractors, or other representatives occurring on the premises of the massage establishment.

(e)

Property Owner Responsibility. Each property owner of the physical premises on which a massage establishment is located must provide the required acknowledgement in Section 15.05(b)(14) above, consenting to a massage establishment on their premises and acknowledging that the property owner has been informed that, in addition to any other liability that may be imposed by law, they can be held legally responsible for the costs of any nuisance abatement under this chapter relating to the property on which the massage establishment is located. The City may provide property owners with notice of any violations, fines, convictions, suspensions, or revocations of massage establishments or otherwise related to this chapter on said property.

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