Bell Municipal Code Ch. 5.72 Massage Parlors

The words and phrases set forth below shall be defined, for the purpose of this chapter, as follows:

"Entertainment"

as used in this chapter shall be defined as set forth in Section 5.60.010 of this code.

"Massage"

means a method of treating the external soft parts of the human body, consisting of rubbing, stroking, kneading or tapping with the hand or any instrument. "Massage" shall include Turkish, Russian, Swedish, vapor, sweat, electric, salt or any other kind or character of baths, alcohol rubs, fomentation, manipulation of the body, electric massage or other similar procedures.

"Massage parlor"

means an establishment having a fixed place of business where a person can obtain a massage whether or not a fee or charge is made therefor.

"Massage technician" or "technician"

means any person, masseur or masseuse, male or female, who administers to another person, any form of massage.

"Recognized school"

means and includes any school or institution of learning which has for its purpose the teaching of the theory, method, profession or work of massage technicians, which school requires a resident course of study of not less than 200 hours to be given in not less than three calendar months before the student is furnished with a diploma or certificate of graduation from the school or institution of learning showing the successful completion of the course of study and learning relating to massage.

(Prior code § 3629)

No person shall operate or conduct, or permit the conduct or operation of a massage parlor on any lot located in the city, except in compliance with the provisions of this code, including, without limitation, this chapter and the city's zoning code.

(Prior code § 3630)

The requirements of this chapter shall have no application and no effect upon and shall not be construed as applying to any person who is licensed by the state as a physician, surgeon, chiropractor, osteopath or registered nurse who is an employee of and working under the direction of a physician, surgeon, chiropractor or osteopath.

(Prior code § 3631)

The owner and/or operator of a massage parlor shall comply with the following regulations:

A. Manager Required. Each massage parlor shall employ one or more full-time managers, one of whom shall physically be present at the massage parlor at all times during which the massage parlor is open for business.

B. Hours of Operation. A massage parlor may be operated only between the hours of eight a.m. and ten p.m. of any day.

C. Visibility from Exterior. No portion of the interior of a massage parlor shall be visible from the outside of the building in which it is located.

D. Recordkeeping Requirements.

1. The owner or operator of a massage parlor shall maintain a current file containing:

a. The true names, and aliases, if any, of each massage technician, who is employed in such massage parlor on a full-time or part-time basis, together with the following information regarding each such technician: that person's age; birth date; height; weight; color of hair and eyes; home address; phone number; social security number; two front-face portrait photographs, at least two inches by two inches in size; and the date of employment. Such files shall be maintained by the owner/operator of each massage parlor during the time such technician is employed at the massage parlor, and for a period of two years following termination of employment of any massage technician; and

b. A certificate from a medical doctor stating that the owner or operator, and, any person who will be directly engaged in the proposed operation, has, within 30 days immediately prior thereto, been examined and found to be free of any contagious or communicable disease; and

c. A certified copy of a certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage technicians is taught; and

d. Such other information as may be required by the chief administrative officer, including, but not limited to, fingerprints of the owner or operator, and others who will be actively engaged in the operation.

2. All such files shall be available for review by any city police officer or code enforcement officer.

E. Entertainment Prohibited. Entertainment shall not be permitted to be conducted as a part of the operation of a massage parlor.

F. Age Restrictions. No person under 18 years of age shall:

1. Be employed, for any purpose, in a massage parlor; nor

2. Be, or remain in, enter or visit, any massage parlor unless such employment or visit is approved, in writing, by a parent or guardian of such person, who is over 21 years of age. A copy of such parental consent shall be kept on the business premises, and shall be available for inspection by city police or enforcement officers.

G. Use of Alcohol or Drugs Prohibited. The owner of each massage parlor shall not permit any person to be in or remain in any part of the building where the massage parlor is located while such person is in possession, and/or under the influence, of any alcoholic beverage or controlled substance.

H. Lighting. In addition to the minimum lighting required by the provisions of this code, at least one artificial light of not less than 40 watts shall be provided in each room or enclosure where massage services are to be performed on patrons.

I. Sanitation Requirements. The following sanitation requirements shall be observed:

1. Closed cabinets shall be provided which cabinets shall be utilized for the storage of clean linen; and

2. Adequate bathing including hot and cold running water, dressing, locker and toilet facilities shall be at each massage parlor which shall be available for patrons. A minimum of one tub or shower, one dressing room containing a separate locker for each patron to be served, which locker shall be capable of being locked, and a minimum of one toilet and one washbasin shall be provided at each massage parlor; provided however, that if male and female patrons are to be served simultaneously at a massage parlor, a separate massage room or rooms, separate dressing facilities and separate toilet facilities shall be provided for male and female patrons; and

3. A minimum of one separate washbasin and toilet shall be provided in each massage parlor for the use of its employees; and

4. All walls, ceiling, floors, pools, shower, bathtubs, steam rooms, and all other physical facilities for the establishment must be maintained 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 each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use; and

5. Clean and sanitary towels and linens shall be provided for each patron of a massage parlor. No common use of towels or linens shall be permitted.

J. Certain Acts Prohibited. No massage may be offered or provided in which any massage technician or any other person participating directly or indirectly in such massage:

1. Exposes his or her genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or

2. Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or

3. Exposes any portion of the female breast at or below the areola thereof.

(Prior code § 3632)