9662.6 - Massage establishment operations and facilities requirements.

Each massage establishment shall comply with the following operations and facilities requirements, which shall be conditions of the MEP:

A.

Hours of operation. No massage establishment shall provide massage or be open for business between the hours of 9:00 p.m. and 7:00 a.m. Clients and visitors shall be excluded from a massage establishment during the foregoing hours.

B.

Signs. A recognizable and legible sign complying with the requirements of the Code shall be posted at the main entrance identifying the location as a massage establishment.

C.

CAMTC certificate. At the massage establishment, each massage therapist shall display his or her original certificate wherever he or she provides massage for compensation.

D.

CAMTC identification card. All massage therapists must maintain on their persons, or on the premises, their CAMTC certificate and CAMTC identification card with current photograph.

E.

Lighting. Minimum lighting shall be provided in accordance with the building code and, in addition, at least one (1) artificial light of not less than forty (40) watts (four hundred fifty (450) lumens) with a dimmer function allowed, shall be provided in each enclosed room or booth where massage services are being performed on a patron.

F.

Locking of premises.

1.

The doors to any cubicle, room, booth or other area in which massage services are provided may only be locked when staff is unavailable to assure the security of patrons and massage therapists who are behind closed doors.

2.

The exterior doors of the premises of a massage establishment, excepting entrances reserved for employees and deliveries, may only be locked during business hours if the massage establishment is owned by one (1) person with one (1) or no employees or independent contractors.

G.

Ventilation. Minimum ventilation shall be provided in accordance with the city building code.

H.

Recording of activities prohibited. No room or part of the building where massage is being conducted, and no restrooms or changing rooms, shall be equipped with any electronic, mechanical or artificial device used, or capable of being used, for recording or videotaping, for monitoring the activities, conversation, or other sounds.

I.

Register of employees. Each massage establishment must maintain a current register of all employees and independent contractors providing massage. The register must contain the names of all employees, their telephone number, date of employment and termination, if any, and their duties. All such information must be maintained in the register for a period of two (2) years following such employee's termination. Such employee register must be available for inspection at the massage establishment to representatives of the city during regular business hours. An amended copy of the written register shall be provided to the director within ten (10) days of hiring of an employee or contracting with an independent contractor and upon termination of services of each massage therapist at the establishment. Attached to the register shall be a statement, signed by the owner upon issuance of the MEP and each time the register is amended as required herein, stating under penalty of perjury under the laws of the State of California that all of the information in the written register is true and correct.

J.

Patron facilities. Adequate dressing and toilet facilities shall be provided for patrons.

K.

List of services and price rates. A list of services provided and price rates shall be prominently displayed in a location visible to customers upon entry to the business. Only services identified in the list of services displayed at the massage establishment and submitted as part of the MEP application and renewal shall be provided.

L.

All applicable ordinances, laws, rules and regulations shall be obeyed at all times.

(Ord. No. 16-422, § 4, 4-27-2016)

9662.7 - Massage establishment health, safety, and physical hygiene requirements.

Each massage establishment must comply with the following requirements, as applicable, which shall be conditions of the MEP:

A.

Therapist attire and hygiene. All employees and massage therapists shall be dressed appropriately in clean, opaque clothing that does not expose specified anatomical areas, as defined in this division, when administering massage in or upon the premises. "Dressed appropriately" shall further mean clothing which, at a minimum, provides complete coverage from mid-thigh to three (3) inches below the collarbone. Any uniforms approved or required by the massage establishment shall comply with these requirements. There shall be no nudity by employees of the establishment or massage therapists, and employees and therapists shall not reveal specified anatomical areas, as defined in this division, while customers or patrons are present. All therapists shall thoroughly wash their hands and arms with hot water and soap before and after each massage treatment.

B.

Patron attire. All patrons shall be appropriately draped with a clean, opaque cloth sufficient to cover specified anatomical areas while receiving massage services. All bathrobes or other garments provided for the use of patrons must either be disposed of after any use or laundered before their next use.

C.

Washbasins. A minimum of one (1) separate wash basin shall be provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap or detergent and hot and cold running water at all times, and shall be located within or as close as practicable to the area devoted to the performing of massage services. There shall also be provided at each washbasin sanitary towels placed in permanently installed dispensers.

D.

Maintenance of premises and equipment.

1.

All walls, ceilings, floors, pools, showers, bathtubs, saunas, steam rooms and all other physical facilities for the establishment shall be in good repair and maintained in a clean and sanitary condition. The walls in all rooms where water or steam baths, or showers, are given shall have a washable, mold-resistant surface.

2.

Wet and dry heat rooms, steam or vapor rooms, showers and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use.

3.

Clean and sanitary towels and linens shall be available for each person receiving massage services. No common use of towels or linens shall be permitted. Reuse of towels and linens shall be prohibited unless

such towels and linens have first been laundered. Enclosures shall be provided for the separate storage of clean and soiled linen, and shall be plainly marked "clean linen" and "soiled linen."

4.

Disinfecting agents and sterilizing equipment shall be provided for any instruments used in administering any massage, and shall be disinfected and sterilized after each use.

5.

A massage table or chair must be provided in each massage room, and the massage must be performed on this massage table or chair with the exception of "Thai," "Shiatsu," or similar forms of massage, which may be provided on a padded mat on the floor. Standard or portable massage tables shall be used with a durable, washable plastic or other waterproof material as a covering. A clean sheet or other effective sanitary covering shall be placed over a padded floor mat, and any floor area upon which a patron may lie, in the course of receiving a massage. 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. Foam pads more than four (4) inches thick or more than four (4) feet wide may not be used. Beds, mattresses and water beds may not be used in the administration of a massage.

6.

All liquids, creams, or other preparations used on, or made available to, patrons shall be kept in clean and closed containers. Powders may be kept in clean shakers. All bottles and containers shall be distinctly and correctly labeled to disclose their contents. When only a portion of a liquid, cream, or other preparation is to be used on or made available to a patron, it shall be removed from the container in such a way as not to contaminate the remaining portion.

E.

Persons using illegal drugs or alcohol prohibited. No alcoholic beverages shall be sold, served, furnished, kept, or possessed on the premises of any massage establishment. A person shall not enter, be, or remain in any part of a massage establishment while in the possession of, consuming or using any alcoholic beverage or illegal drugs. The business licensee, manager, and every supervising employee shall not permit any such person to enter or remain upon such premises.

F.

Improper solicitation or performance of services. Except to the extent required in writing by a state-licensed medical practitioner, no massage therapy may be provided to a patron that results in intentional contact, or occasional and repetitive contact with the genitals, anus or areola of any patron. No massage therapist may offer to or perform any act of a sexual nature for compensation.

(Ord. No. 16-422, § 4, 4-27-2016)