§ 118.09 OPERATING REQUIREMENTS: OPERATIONS.

All owners, operators and managers shall comply with the following operating requirements and any other conditions specified by the Chief of Police:

(A) Equipment. Each operator and/or manager shall provide and maintain on the premises adequate equipment for disinfecting and sterilizing instruments used in massage.

(B) Linen. Common use of towels or linen shall not be permitted. Towels and linen shall be laundered or changed promptly after each use. Separate enclosed cabinets shall be provided for the storage of clean and soiled linen and shall be plainly marked "clean linen" and "soiled linen" and shall have doors or covers.

(C) Living quarters prohibited. No person or persons shall be allowed to reside, dwell, occupy or live inside the massage establishment at any time. Living quarters, if any, shall be completely separate from the massage establishment. No cooking or food preparation of any kind shall be prepared for sale or sold in the establishment unless an appropriate food vending permit is granted by the city and the County of Los Angeles and a full service kitchen is installed. Such a kitchen, if any, shall be for the sole use of employees, and shall be installed in an "employees only" area. The full service kitchen shall have a minimum of a sink with hot and cold running water, a refrigerator, a stove, and sufficient cabinets to store cooking utensils.

(D) Alcoholic beverages/drugs. No person shall enter, be in or on, or remain in or on, any part of a massage establishment while in possession of, consuming, using or under the influence of, any alcoholic beverage or controlled substance. The operator and/or manager shall be responsible to ensure that no such person shall enter or remain upon the premises of the massage establishment. Service of alcoholic beverages shall not be permitted.

(E) Lotions and oils. All lotions, oils, liniment, antiseptic, powder, cream, ointment or other similar preparations commonly used in massage establishments as supplementary aids for massage shall be maintained in hygienic and properly labeled containers.

(F) Adult-oriented merchandise prohibited. The use or possession of adult-oriented merchandise in or on any part of a massage establishment is expressly prohibited.

(G) Recordings. No electrical, mechanical or artificial device shall be used by the operator and/or manager, massage practitioner 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.

(H) Coverings. Each massage establishment shall provide to all patrons clean, sanitary and opaque coverings of a minimum size of 30 inches x 60 inches, capable of covering the patrons' specified anatomical areas, including, but not limited to, the genital area, anus and female breasts. No common use of such coverings shall be permitted and re-use is specifically prohibited unless adequately cleaned prior to its re- use.

age establishment shall provide to all patrons clean, sanitary and opaque coverings of a minimum size of 30 inches x 60 inches, capable of covering the patrons' specified anatomical areas, including, but not limited to, the genital area, anus and female breasts. No common use of such coverings shall be permitted and re-use is specifically prohibited unless adequately cleaned prior to its re- use.

(I) Records. Every operator and/or manager shall keep a record of the dates and hours of each treatment or service, the name and address of the patron, the name of practitioner administering such service and a description of the treatment or service rendered. A short medical history form shall be completed by the operator and/or manager to determine if the patron has any communicable diseases, areas of pain, high blood pressure or any physical condition that may be adversely affected by massage. These records shall be prepared prior to administering any massage or treatment and shall be retained for a period of 24 months after such treatment or service. These records shall be open to inspection upon demand only by officials charged with enforcement of this chapter or emergency personnel for

emergency purposes and for no other purpose. The police department may periodically inspect the records to ensure compliance with this section. The information furnished or secured as a result of any such records shall be used only to ensure and enforce compliance with this chapter, or any other applicable state or federal laws and shall remain confidential. Any unauthorized disclosure or use of such information by any officer or employee of the city shall constitute a misdemeanor.

(J) Hours of operation. Massage operations shall be carried on or conducted, and the premises shall be open, only between the hours of 8:00 a.m. and 10:00 p.m. The operator and/or manager must advise the city, in writing, at the time of submission of the application for a massage establishment permit of the hours of operation within the times set forth above. The operator and/or manager shall notify the city, in writing, at least 30 calendar days prior to the date of the effective change, of any changes in the hours of operation. No person shall operate a massage establishment or administer a massage in any massage establishment or administer a massage pursuant to an off premises massage permit 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. All customers, patrons and visitors shall be excluded from the massage establishment during these hours and be advised of these hours. The hours of operation must be displayed in a conspicuous public place in the lobby within the massage establishment and in the front window clearly visible from the outside.

a.m. A massage begun any time before 10:00 p.m. must nevertheless terminate at 10:00 p.m. All customers, patrons and visitors shall be excluded from the massage establishment during these hours and be advised of these hours. The hours of operation must be displayed in a conspicuous public place in the lobby within the massage establishment and in the front window clearly visible from the outside.

(K) Advertising. 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 customers or clients that any service is available other than those services described in this chapter and posted on the premises as required by this chapter, nor shall any massage establishment or out-call massage service 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. (L) Handicapped areas. All massage establishments must comply with all state and federal laws and regulations for handicapped customers.

(M) Compliance. Proof of compliance with all applicable provisions of this Code shall be provided.

(N) Doors. All exterior doors (except back or rear exterior doors used only for employee entrance to and exit from the massage establishment) shall remain unlocked during business hours. All interior doors, including, but not limited to, all doors leading to customer areas, the front reception, hallway or front exterior doors, shall not have any locking mechanisms. A door leading from the lobby area to customer areas, if any, shall not have any locking mechanism or be capable of being locked or blocked to prevent entry in any manner.

(O) Massage and dressing room doors. All massage and dressing rooms shall be screened off by curtains, draw drapes, or doors that are mounted in compliance with the building code. No massage may be given within any massage room within a massage establishment that is fitted with a door capable of being locked.

(P) Access. No person(s) other than the owner, operator, operator's employees, holders of valid massage practitioner permits issued pursuant to this chapter and customers will be allowed beyond the front lobby, which lobby shall be located directly inside the front door entrance, during the hours of operation. Any other person(s) found beyond the first interior door leading to the inside of the business including, but not limited to, hallways, massage rooms, reception/business offices or lounge area will be in violation of this section. Entry doors to any room shall not be obstructed by any means.

(Q) Discrimination. No massage establishment may discriminate or exclude patrons on the basis of the race, sex, religion, age or handicap.

(R) Notices. The Chief of Police shall require that the following notice be posted in the event that any massage practitioner or employee of the massage establishment or any person who has been aided and abetted by an employee of the massage establishment has been found, after full hearing by administrative proceeding or by a state court, to have violated any of the offenses that would be grounds for denial under §§ 118.06 or 118.18:

NOTICE TO ALL PATRONS

THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY THE BALDWIN PARK POLICE DEPARTMENT WITHOUT PRIOR NOTICE.

(1) The Chief of Police shall provide the language for said notice set forth above. Every owner, operator and/or manager required to post such notice shall be required to pay for the cost of any and all notices required by this section.

(2) The notice shall be conspicuously posted in a location within the massage establishment that is easily visible to any person entering the premises and in each massage room. The notices shall be posted for 12 months following the violation of any of the offenses set forth above.

(Ord. 1233, passed 5-4-04)