5-8 MASSAGE SERVICES.

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

section:

Employee shall mean any person working for the permittee of a massage parlor or outcall massage service.

Health Officer shall include any subordinate(s) he designates for any or all of his functions hereunder.

Massage shall mean 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.

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

Masseur shall mean 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.

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

Outcall massage service shall mean massage given other than in a massage parlor.

(Ord. #15, §1[4])

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

b. Masseurs . 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 Danville Police Department during regular business hours.

(Ord. #15, §1[4])

a. Application and Fees . 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 Danville Police Department, on a form provided by them, with a nonrefundable application fee of one hundred ($100.00) dollars for operators and twenty-five ($25.00) dollars for masseurs.

b. Contents of Application .

1. General. Every application shall include the following information and attachments to the Danville Police Department’s satisfaction as to truth, authenticity and compliance with this section, and the Danville Police Department may require additional information necessary to assure compliance with this section.

2. Identification.

(a) Every application shall include the applicant’s person- al and business names, addresses and telephone numbers. If the applicant is an individual, he shall also include the two (2) 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, birth- date (which must be at least eighteen (18) 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 Danville Police Department, and two (2) re- cent portrait photographs, and the same for all principal officers of nonindividual applicants.

3. Experience.

(a) The application shall state the individual applicant’s experience in massage and related work, and his business, occupation or employment for the thirty-six (36) 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.

4. Operator’s Additional Contents. 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.

5. Masseur’s Additional Contents.

(a) Every application for a masseur’s permit shall also show that, within the last thirty (30) days, he has been examined by a physician and found free from communicable disease.

(b) Every applicant shall show the Danville Police Department 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 (70) hours of actual class attendance or instruction. If the school is outside the State, it must meet equivalent standards as determined by the Danville Police Department.

(c) In lieu of the diploma or certificate of graduation required by paragraph 5(b), an applicant may substitute two (2) years of actual, bona fide, legal, full-time experience as a masseur, or its equivalent, as shown to the Police Department’s satisfaction.

c. Updating Application . Every applicant and permittee shall report to the Police Department, within ten (10) days, any changes in the information required in connection with the application, and any changes of circumstance which might result in noncompliance with this section 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 out-call massage service.

d. Investigations .

1. Upon receipt of a satisfactorily completed application and required fee, the Police Department shall investigate to determine whether they should issue a permit.

2. The investigation shall encompass the following:

• (a) Information in or required by the application and this section;

(b) 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 section and with all other applicable laws, ordinances and regulations relating to health, safety and welfare; and

(c) Other things material to this section’s requirements.

e. Issuance or Denial of Permit .

1. Within thirty (30) days after an application is filed, and upon payment of a nonrefundable permit fees of seventy-five ($75.00) dollars for operators and twenty ($20.00) dollars for masseurs, the Police Department shall issue a permit, unless they find any of the following:

(a) 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

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

(c) 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.

2. If the Police Department finds any of the conditions listed in paragraph 1. to exist, they shall deny issuance of a permit and state the reasons therefor in writing to the applicant.

f. Conditions of Permit . Original and renewal permits shall be serially numbered, nontransferable and valid for one (1) year from issuance, unless earlier suspended, revoked or terminated.

g. Renewal of Permits . Applications for renewal of permits shall be submitted to the Police Department at least thirty (30) days prior to expiration, with a nonrefundable renewal application fee of fifty ($50.00) dollars for operators and fifteen ($15.00) 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, #15, §1[4])

The Police Department may make and enforce such reasonable regulations as may be necessary to carry out the intent and purposes of this section. (Ord. #15, §1[4])

The Health Officer may make such inspections as he deems necessary for the detection of disease transmission and may take all reasonable measures he deems necessary to prevent or eliminate such transmission. (Ord. #15, §1[4])

5-8.6 Display Permits.

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 his person a badge containing his name, a recent photograph and permit number, to be supplied by the Police Department. Every out-call massage service shall have its permit available for inspection during regular business hours. (Ord. #15, §1[4])

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. Hand- washing facilities in good repair with hot and cold running water, along with hand washing detergent or soap and sanitary towels in permanent dispensers, shall be provided in either the toilet room or vestibule thereof. All employees shall 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 (1/8) 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 sky-lights are used for ventilation, at least one-half (1/2) of the total required window area shall be operable.

• (Ord. #15, §1[4])

No masseur or employee of either sex, in the presence or view of any customer, shall expose his private parts, buttocks, or (in the case of a female) any portion of either breast below a straight line drawn above both nipples and the surrounding differently pigmented areas (areola papillaris). (Ord. #15, §1[4])

The Police Department, 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 section. (Ord. #15, §1[4])

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 his body prohibited by subsection 5-8.8. (Ord. #15, §1[4])

The Police Department may revoke or suspend any permit, if they find, after a hearing, that:

• a. Any of the provisions or requirements of this section have been violated or not fulfilled; or

• b. Any permittee or employee is engaging in any illegal conduct; or

• c. The business is being operated without due regard for the health, safety and welfare of the public or customers; or

d. 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 section.

Ord. #15, §1[4])

Before they suspend, revoke or refuse to renew any permit, the Police Department 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 (10) days prior to the hearing. Within seven (7) days after the hearing, the Police Department shall mail written notice of their decision to the permittee or applicant. (Ord. #15, §1[4])

• a. The permit requirements of Section 5-8 shall not apply to the following persons:

1. Any individual with a current, valid, certificate issued by the California Massage Therapy Organization to practice as a massage therapist or massage practitioner as defined in Business and Professions Code Section 4600.

2. Any massage establishment or business as defined in Business and Professions Code Section 4612(b)(1).

3. Individuals or businesses described in 1. and 2. above shall collectively be referred to as state certificate holders.

b. Every individual state certificate holder shall register with the Danville Police Department at least two (2) weeks prior to providing any massage services within the Town. The registration shall include the following information: the state certificate holder's name, address, telephone number, place(s) of employment, whether the individual intends to engage in outcall massage and a copy of the state certificate. The certificate holder shall notify the Danville Police Department of any changes in the required information within thirty (30) days of any change.

c. Every massage establishment or business operating as a state certificate holder shall register with the Danville Police Department at least two weeks prior to providing any massage services within the Town. The registration shall include the following information: the name under which the business will operate, the address and telephone number of the business, whether the business intends to engage in outcall massage and copies of state certificates for all individuals providing massage services. The certificate holder shall notify the Danville Police Department of any changes in the required information within thirty (30) days of any change.

d. All state certificate holders must obtain a Town business license, must comply with all applicable zoning and building standards and shall comply with all other requirements in this Section 5.8 other than licensing requirements.

(Ord. #2009-06, § 1)