Contra Costa County Municipal Code Ch. 518-2 Massage Services

Unless otherwise specifically provided or required by the context, the following terms have the following meanings in this chapter.

(Ord. 73-60 § 1 (part), 1973).

"Massage" means treatment of the superficial parts of the human body by rubbing, pressing, stroking, kneading, tapping, pounding, bathing, vibrating, manipulating or stimulating with the hand(s) or any instrument, for an economic consideration.

(Ord. 73-60 § 1 (part), 1973).

"Masseur" means any person who massages; but it does not include any person licensed under Business and Professions Code Sections 2135 through 2139 (medicine), 2630 or 2639 (physical therapy), 2732.1, 2733 or 2742 (nursing), or under the Chiropractic Initiative Act of 1922, as amended.

(Ord. 73-60 § 1 (part), 1973).

"Massage parlor" means any premises where massage is given, either as a primary or secondary function.

(Ord. 73-60 § 1 (part), 1973).

"Outcall massage service" means massage given other than in a massage parlor.

(Ord. 73-60 § 1 (part), 1973).

"Employee" means any person working for the permittee of a massage parlor or outcall massage service.

(Ord. 73-60 § 1 (part), 1973).

"Operate" and "operator" refer to operating, conducting, maintaining or allowing a massage parlor or outcall massage service, or employing a masseur to serve others.

(Ord. 73-60 § 1 (part), 1973).

"Health officer" includes any subordinate(s) the health officer designates from time to time for any or all of the health officer functions hereunder.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 74-67 § 5).

Article 518-2.4. Permits Required

No person shall operate or allow the operation of a massage parlor or an outcall massage service without a valid permit.

(Ord. 73-60 § 1 (part), 1973).

No person shall act as a masseur, nor shall anyone employ a person as a masseur for others, who does not have a valid masseur permit. Every operator shall maintain a register of all persons so employed and their permit numbers, which register shall be available for inspection by the sheriff during regular business hours.

(Ord. 73-60 § 1 (part), 1973).

Article 518-2.6. Applications and Permits

Every person wishing to operate a massage parlor or outcall massage service, or act as a masseur, shall file a verified written application with the sheriff, on a form provided by the sheriff, with a nonrefundable application fee of one hundred dollars for operators and twenty-five dollars for masseurs.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 73-60 § 1 (part), 1973).

Every application shall include the following information and attachments to the sheriff's satisfaction as to truth, authenticity and compliance with this chapter; and the sheriff may require additional information necessary to assure compliance with this chapter.

(Ord. 73-60 § 1 (part), 1973).

(a) Every application shall include the applicant's personal and business names, addresses and telephone numbers. If the applicant is an individual, the applicant shall also include the two latest previous residence and business addresses. If the applicant is not an individual, its application shall state its legal capacity (corporation, partnership, etc.), and shall include the names and addresses of all officers, directors, shareholders, general and limited partners and financially interested persons.

(b) It shall include the individual applicant's sex, birthdate (which must be at least eighteen years before the application), height, weight, color of hair and eyes, social security and driver's license numbers, if any, a set of fingerprints taken by the sheriff, and two recent portrait photographs, and the same for all principal officers of nonindividual applicants.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 73-60 § 1 (part), 1973).

(a) The application shall state the individual applicant's experience in massage and related work, and the applicant's business, occupation or employment for the thirty-six months before application, and the same for all principal officers of nonindividual applicants.

(b) If the applicant or its principal officers have ever had a license or permit for a business, trade, occupation, profession or employment suspended, revoked or denied, the application shall state the circumstances thereof and reasons therefor.

(c) The application shall state the circumstances and final disposition of every arrest, prosecution or conviction of the applicant or its principal officers.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 73-60 § 1 (part), 1973).

Every application for an operator's permit shall also state the exact nature(s) of the massage(s) to be administered, and the location(s) thereof and facilities therefor.

(Ord. 73-60 § 1 (part), 1973).

(a) Every application for a masseur's permit shall also show that, within the last thirty days, the applicant has been examined by a physician and found free from communicable disease.

(b) Every applicant shall show the sheriff a diploma or certificate of graduation from a public institution or a school, approved pursuant to Education Code Section 29007.5, whose purpose is to teach the theory, method, profession and work of massage, and which requires a minimum of seventy hours of actual class attendance or instruction. If the school is outside the state, it must meet equivalent standards as determined by the sheriff.

(c) In lieu of the diploma or certificate of graduation required by subsection (b), an applicant may substitute two years of actual, bona fide, legal, full-time experience as a masseur, or its equivalent, as shown to the sheriff's satisfaction.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 73-60 § 1 (part), 1973).

Every applicant and permittee shall report to the sheriff, within ten days, any changes in the information required in connection with the application, and any changes of circumstance which might result in noncompliance with this chapter or any applicable law, ordinance or regulation relating to health, safety or welfare, and any changes in employees working in a massage parlor or for an outcall massage service.

(Ord. 73-60 § 1 (part), 1973).

(a) Upon receipt of a satisfactorily completed application and required fee, the sheriff shall investigate to determine whether the sheriff should issue a permit.

(b) The investigation shall encompass the following:

(1) Information in or required by the application and this chapter;

(2) On applications for operators' permits, referral to the building inspector and/or health officer for inspection of the proposed premises to determine whether there is full compliance with this chapter and with all other applicable laws, ordinances and regulations relating to health, safety and welfare; and

(3) Other things material to this chapter's requirements.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 73-60 § 1 (part), 1973).

(a) Within thirty days after an application is filed, and upon payment of a nonrefundable permit fee of seventy-five dollars for operators and twenty dollars for masseurs, the sheriff shall issue a permit, unless the sheriff finds any of the following:

(1) The applicant or any employee has been convicted of an offense requiring registration under Penal Code Section 290 or defined in Sections 311 through 311.7, 314, 315, 316, 318, 647(a), (b), (d) or 647a, or an offense involving the use of force and violence upon the person of another or lewd conduct; or

(2) The proposed operation will not fully comply with all the requirements of this chapter and of any applicable law, ordinance or regulation relating to health, safety and welfare; or

(3) The applicant, knowingly and with the intent to deceive, has made any false, misleading or fraudulent statement or representation, or material omission, in connection with the application process.

(b) If the sheriff finds any of the conditions listed in subsection (a) to exist, the sheriff shall deny issuance of a permit and state the reasons therefor in writing to the applicant.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 73-60 § 1 (part), 1973).

Original and renewal permits shall be serially numbered, nontransferable and valid for one year from issuance, unless earlier suspended, revoked or terminated.

(Ord. 73-60 § 1 (part), 1973).

Applications for renewal of permits shall be submitted to the sheriff at least thirty days prior to expiration, with a nonrefundable renewal application fee of fifty dollars for operators and fifteen dollars for masseurs, but shall otherwise be handled like original applications, the fee for the renewed permit being the same as for the original.

(Ord. 73-60 § 1 (part), 1973).

Article 518-2.8. Other Requirements and Regulations

The sheriff may make and enforce such reasonable regulations as may be necessary to carry out the intent and purposes of this chapter.

(Ord. 73-60 § 1 (part), 1973).

The health officer may make such inspections as the health officer deems necessary for the detection of disease transmission and may take all reasonable measures the health officer deems necessary to prevent or eliminate such transmission.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 73-60 § 1 (part), 1973).

Every massage parlor shall display its permit and those of its masseur employees in a conspicuous place on the premises. Every masseur permittee, while working, shall wear conspicuously on their person a badge containing the permittee's name, a recent photograph and permit number, to be supplied by the sheriff. Every outcall massage service shall have its permit available for inspection during regular business hourss.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 73-60 § 1 (part), 1973).

(a) Every portion of a massage parlor and all equipment shall be maintained in a clean and sanitary condition. Floors shall be kept free from dust, dirt, refuse and vermin. Walls, ceilings and equipment shall be of such construction as to be easily cleaned and shall be kept clean and in good repair.

(b) All the electrical, plumbing, heating and ventilation systems in a massage parlor shall be maintained in accordance with all applicable laws, ordinances and regulations.

(c) All towels, sheets and linens used by masseurs or customers shall be clean and freshly laundered and shall not be reused unless properly laundered and sterilized. Soiled towels, linen, sheets and garments shall be kept in containers provided for this purpose.

(d) Massage parlors must contain separate dressing and locker facilities for each sex plus provision for safe storage of customers' valuables.

(e) Massage parlors shall provide separate toilet facilities for each sex. All toilets, lavatory facilities and changing rooms shall be maintained in a clean and sanitary condition. Handwashing facilities in good repair with hot and cold running water, along with handwashing detergent or soap and sanitary towels in permanent dispensers, shall be provided in either the toilet room or vestibule thereof. All employees must wash their hands after using the toilet facilities. Legible signs to this effect shall be posted in each toilet facility.

(f) All employees shall be clean and wear clean outer garments.

(g) All portions of massage parlors shall be provided with adequate light and ventilation by means of windows or skylights with an area not less than one-eighth of the total floor area, or shall be provided with artificial light and a mechanical ventilating system approved by the building inspection department. When windows or skylights are used for ventilation, at least one-half of the total required window area shall be operable.

(Ord. 73-60 § 1 (part), 1973).

No masseur or employee of either sex, in the presence or view of any customer, shall expose their private parts, buttocks, or any portion of either breast below a straight line drawn above both nipples and the surrounding differently pigmented areas (areola papillaris).

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 73-76 § 1, 1973).

The sheriff, the building inspector and/or the health officer may make or cause to be made inspections of any massage parlor or outcall massage service during regular business hours, to determine whether there is compliance with the provisions of this chapter.

(Ord. 73-60 § 1 (part), 1973).

No massage parlor, outcall massage service or masseur shall place, publish or distribute, or cause to be placed, published or distributed, any advertising matter which suggests that any illegal services are available to customers, or that any masseur or employee will expose a portion of their body prohibited by Section 518-2.807.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 73-76 § 1, 1973; Ord. 73-60 § 1 (part), 1973).

Article 518-2.10. Enforcement

The sheriff may revoke or suspend any permit, if the sheriff finds, after a hearing, that:

(1) Any of the provisions or requirements of this chapter have been violated or not fulfilled; or

(2) Any permittee or employee is engaging in any illegal conduct; or

(3) The business is being operated without due regard for the health, safety and welfare of the public or customers; or

(4) The permittee refuses to allow any authorized person to inspect the premises or operations therein, or fails or refuses to answer inquiries or furnish information or other things required by this chapter.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 73-60 § 1 (part), 1973).

Before the sheriff suspends, revokes or refuses to renew any permit, the sheriff shall hold a hearing at which evidence will be received to determine what action, if any, should be taken. Written notice of the grounds for the hearing, and its time and place, shall be mailed to the permittee ten days prior to the hearing. Within seven days after the hearing, the sheriff shall mail written notice of the sheriff's decision to the permittee or applicant.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 73-60 § 1 (part), 1973).