Article II — Operating Regulations

The following physical facility requirements shall be applicable to all non-exempt massage businesses or establishments, and to all massage businesses or establishments described in paragraph (1) of subdivision (b) of Section 4612 of the California Business and Professions Code:

• A. Except when there is no staff available to assure security for massage therapy patrons and staff who are behind closed doors, no massage therapy may be carried on behind locked doors.

• B. In lieu of doors to dressing rooms, toilet rooms and massage therapy rooms or cubicles, draw drapes, curtain enclosures, or accordion-pleated closures are acceptable on the interior of the facility.

• C. Beds, floor mattresses and waterbeds are not permitted on the premises of the business or establishment.

• (Ord. 827 § 1(part), 2010)

The following health and safety requirements shall be applicable to all non-exempt massage businesses or establishments, and to all massage businesses or establishments described in paragraph (1) of subdivision (b) of Section 4612 of the California Business and Professions Code:

• A. The massage or business establishment shall at all times be equipped with an adequate supply of clean sanitary towels, coverings and linens, and all massage tables shall be covered with a clean sheet or other clean covering for each patron. After a towel covering or linen has once been used it shall be deposited in a closed receptacle and not used until properly laundered and sanitized. Clean towels, coverings and linens shall be stored in closed, clean cabinets when not in use.

• B. All liquids, creams, or other preparations used on or made available to patrons shall be kept in clean and closed containers. 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.

• C. All bathrobes, bathing suits and/or other garments that are provided for the use of patrons shall be either fully disposable and shall not be used by more than one patron, or shall be laundered after each use pursuant to subsection A of this section.

• D. No massage therapy shall be provided to a patron that results in intentional contact, or occasional and repetitive contact, with the genitals, anus, or areola of a patron.

• (Ord. 827 § 1(part), 2010)

The following attire and physical hygiene requirements shall be applicable to all massage therapists and practitioners who are employed or retained by a non-exempt massage business or establishment, or by a massage business or establishment described in paragraph (1) of subdivision (b) of Section 4612 of the California Business and Professions Code:

• A. All persons shall be clean and wear clean and sanitary outer garments at all times. All outer garments shall be of a fully opaque, nontransparent material and provide complete covering from at least the mid-thigh to two inches below the collarbone. The midriff shall not be exposed. No bathing suit or undergarment, including, but not limited to, a negligee or underwear, shall be visible at any time.

• B. All persons shall thoroughly wash their hands with soap and water or any equally effective cleansing agent immediately before providing massage therapy to a patron.

• (Ord. 827 § 1(part), 2010)

It shall be a misdemeanor for any owner, proprietor, manager or other person in charge of any massage establishment or out-call massage service to employ any person under eighteen years of age to provide massage therapy services.

(Ord. 827 § 1(part), 2010)

The city has the right to conduct reasonable inspections during regular business hours, to ensure compliance with Business and Professions Code Section 4612(d) and this chapter or other applicable fire and health and safety requirements.

• A. All non-exempt massage businesses or establishments, including those described in Business and Professions Code Section 4612(b)(1), shall permit representatives of any city of Cotati department and/or the Rancho Adobe Fire Protection District, to conduct reasonable inspections, during business hours, to ensure compliance with this chapter, Business and Professions Code Section 4600 et seq., or other applicable fire, health or safety requirements.

• B. Nothing in this section shall prohibit the city or its representatives from pursuing any and all available legal remedies to secure entry into and inspection of the premises if such entry is refused, or for any other reason allowed by law.

• C. It is a violation of this chapter for the business or the establishment to prohibit or interfere with any lawful inspection of the premises.

• (Ord. 827 § 1(part), 2010)

Every massage establishment or business shall maintain on its premises evidence for review by local authorities that demonstrates that all persons providing massage services hold a valid state certificate. The state certificate and a passport-quality photo for each person providing massage services shall be posted in a conspicuous place for public review. (Ord. 827 § 1(part), 2010)

• A. It shall be a misdemeanor for any massage business or establishment, independent massage therapist or practitioner, out-call massage service or masseur or masseuse to place, publish or distribute, or cause to be placed, published or distributed, any advertising matter that would reasonably suggest to prospective patrons that any massage service of any type or any other service or activity is offered or available for immoral purposes, or in a manner intended to arouse, appeal to or gratify a prurient interest, lust, sexual or passionate desire.

• B. It shall be a misdemeanor for any massage business or establishment, independent massage therapist or practitioner, out-call massage service or masseur or masseuse to advertise through any print or electronic media that is classified for "Adults only" or other similar classification.

• C. It is a violation of this chapter and unlawful for any person who does not possess a valid state certificate, and for any massage business or establishment that employs or retains such a person, to:

  1. State or advertise or put out any sign or card or other device, or to represent to the public through any print or electronic media, that such person is certified, registered or licensed by a government agency as a massage therapist or massage practitioner; or

2. Hold oneself out or use the title of "certified massage therapist," "certified massage practitioner," or any other term, such as "licensed," "registered," or "CMT," that implies or suggests that such person is the holder of a state certificate.

(Ord. 827 § 1(part), 2010)

• A. Every non-exempt massage business or establishment, and every massage business and establishment as defined under Business and Professions Code Section 4612(b)(1), shall notify the city administrative services department and community development department of any intention to rename, change management or ownership type, or convey the business or establishment to another person.

• B. No person granted a state certificate pursuant to this chapter shall operate under any name or conduct his business under any designation or for any location not specified in the zoning clearance and/or business license.

• C. The state certificate holder shall renew zoning clearance with the city community development department upon any change of name or location.

• D. Every state certificate holder shall notify the city administrative services department upon any change of name, location or ownership type.

• (Ord. 827 § 1(part), 2010)

The following provisions shall apply to all non-exempt massage businesses or establishments, and all massage businesses or establishments described in Business and Professions Code Section 4612(b)(1):

• A. For the purpose of enforcing the requirements of this chapter, all owners and operators of the business or establishment shall be responsible for the conduct of all of their employees, agents, independent contractors or other representatives, while on the premises of the business or establishment or providing massage therapy.

• B. Notwithstanding any other provision of this code, the city may:

  1. Require the business or establishment in its application for a business license, or for the renewal of a business license, to provide relevant information about the activities of the business or establishment regulated by this chapter;

  2. Make reasonable investigations into the information so provided;

  3. Charge a fee sufficient to cover the costs of any permit, license or certificate activities regulated by this chapter; and

  4. Deny, revoke, restrict or suspend a zoning clearance for either of the following causes: (a) an employee, agent, independent contractor or other representative of the business or establishment has committed a violation of this chapter, or of any of the provisions of Business and Professions Code Section 4600(b) et seq.; or the business or establishment has provided materially false information in its application for a zoning clearance.

• (Ord. 827 § 1(part), 2010)