Duarte Municipal Code Ch. 5.56 Massage Establishments

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Editor's note— Ord. No. 858, § 1, adopted May 26, 2015, amended Ch. 5.56 in its entirety, in effect repealing and reenacting said chapter to read as herein set out. The former Ch. 5.56, §§ 5.56.010—5.56.300, pertained to similar subject matter and derived from Ord. No. 821, § 1, adopted July 13, 2010.

The intent and purpose of this chapter is to comply with the provisions found in California Business and Professions Code Section 4600 et seq. relating to the regulation of massage or massage services, which shall include but not be limited to services referred to as Reiki, applied oils, body sponge, reflexology, bodywork, and acupressure (collectively "massage"), and to allow legitimate massage uses while restricting business fronts for illicit sexual activity and/or human trafficking. Any terms used in this chapter that are not defined in this chapter shall have the same meaning as that defined by California Business and Professions Code Section 4600 et seq. Nothing in this chapter shall serve to limit the city's authority under California Business and Professions Code Section 4600 et seq.

(Ord. No. 858, § 1, 5-26-2015)

(a) It shall be unlawful and a violation of this code for any individual person, association, partnership, corporation, or other entity to engage or permit to engage in, conduct, or carry on, the operation of a massage establishment unless: (1) all persons providing massages at the establishment are certified massage practitioners and/or certified massage therapists pursuant to the California Massage Therapy Council's certification procedures in accordance with California Business and Professions Code Section 4600 et seq.; and (2) the massage establishment operator has obtained a business license and a conditional use permit from the city as well any other permits, licenses and other approvals required by law. Procedures for obtaining a business license are set forth in Chapter 5.04 of this code and Section 5.56.040 of this chapter.

(b) All persons administering massages in the city for compensation must be a certified massage practitioner and/or a certified massage therapist holding a valid certification from the massage therapy council. No person may administer massage within the city without first providing, to the director of administrative services, a copy of his or her massage certificate and a list of the names and addresses of all massage establishments at which he or she will provide massage for compensation. Any change in the locations at which a person will provide massage for compensation shall be reported to the city within five business days of the change.

(c) This section applies to all independent contractors, sole proprietors, and owners of a massage business. Accordingly, pursuant to Government Code Section 51034(c)(8), any massage business owner, including a sole proprietor or independent contractor who is California Massage Therapy Council certified, must obtain a business license and any other entitlement required by this code to carry on the business of massage therapy.

(Ord. No. 858, § 1, 5-26-2015)

(a) In addition to the information required to be provided under Chapter 5.04 of this code, a person applying for a business license for a massage establishment as described in Section 5.56.020 of this chapter shall provide the following information:

(1) The prior business and permit history of the applicant, including but not limited to whether the applicant has ever had any permit or license issued by any agency, board, city county, territory, or state; the date of issuance of such a permit or license; whether the permit or license was revoked or suspended; and whether a vocational or professional license or permit was issued, revoked, or suspended, and the reason for any revocation or suspension.

(2) A description of the proposed massage establishment, including the type of treatments to be administered.

(3) Authorization for the city, its agents and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application.

(4) A complete current list of the names and residence addresses of all proposed massage technicians, aides, trainees and other employees who are or will be employed in the massage establishment, if known, together with the state-issued massage technician's license for each proposed massage technician. If not known at the time of submission of the application, the applicant shall provide the required information no later than five business days prior to opening for business.

(5) For each person that the massage establishment does or will employ, retain or permit to perform massage for compensation: a copy of that person's legal form of identification with photograph, a copy of that person's current certificate issued by the massage therapy council, and a copy of that person's identification card issued by the massage therapy council.

(6) The name and residence addresses of the proposed operator(s) and manager(s) who will be principally in charge of the operation of the massage establishment.

(7) The name and mailing address of the landlord and the fee owner of the property at which the massage establishment will be conducted.

(8) Evidence satisfactory to the director of administrative services demonstrating that the proposed massage establishment is authorized under city zoning to conduct massage activities at the proposed massage establishment site.

(9) A scaled floor plan of the massage establishment, including, at minimum measurements and purposes labeled of all rooms and spaces within the building.

(b) As a condition of issuance of a business license, the city shall have the right to inspect the premises to confirm compliance with this chapter and applicable state law.

(c) Except as otherwise specifically provided in this subdivision, once a business license is issued to a massage establishment, the applicant shall submit to the city any change to any of the information required above within five business days of discovering that change. Such changes include, but are not limited to, changes in the types of services to be provided, changes in the persons employed or retained by the massage establishment to perform massage for compensation and changes to the floor plan or physical arrangement of space within the massage establishment.

(d) The owner or operator of a massage establishment, including independent contractors and sole providers, shall notify the city in writing of any intention to rename, change management, or convey the business to another person or entity at least five business days prior to such renaming, change of management, or conveyance of the business.

(Ord. No. 858, § 1, 5-26-2015)

(a) Each person employed or retained, including independent contractors, by a massage establishment to perform massage services in or on the premises shall keep in his or her possession a copy of a valid certification identification card issued to that employee by the California Massage Therapy Council and a legal form of identification with photograph.

(b) The massage business or establishment must also display a copy of each such certificate for every certified massage therapist and certified massage practitioner employed by the massage establishment, as an employee, independent contractor or otherwise, in an open and conspicuous place visible from the entrance and/or reception and waiting area of the massage establishment and business. A passport-size photograph of the employee shall be affixed to each permit, certification, or identification card on display pursuant to this section. The home address of any employee need not be displayed.

(Ord. No. 858, § 1, 5-26-2015)

No massage establishment shall operate as a school of massage or use, or permit use of, any portion of its facilities as a school of massage.

(Ord. No. 858, § 1, 5-26-2015)

The following attire and physical hygiene requirements shall be applicable to all massage businesses and establishments and to all owners, operators, managers, employees, and independent contractors of such massage establishments located within the city.

(a) All persons shall wear clean and sanitary outer garments when present on the premises of the massage establishment.

(b) All outer garments shall comply with the standards set forth in Business and Professions Code Section 4609, and, accordingly shall be of a fully opaque, nontransparent material, and shall not expose any genitals, pubic areas, buttocks or breasts.

(c) All persons shall thoroughly wash their hands with soap and water or any equally affective cleansing agent immediately before providing any massage service to a patron. No massage services shall be provided upon a surface of the skin or scalp of a patron where such skin is inflamed, broken (e.g., abraded, cut) or where a skin infection or eruption is present.

(d) No person afflicted with an infection or parasitic infestation capable of being transmitted to a patron shall knowingly provide massage services to a patron, or remain on the premises of a massage business or establishment while so infected or infested. Infections or parasitic infestations capable of being transmitted to a patron include, but are not limited to:

(1) Cold, influenza or other respiratory illness accompanied by a fever, until twenty-four hours after resolution of the fever;

(2) Streptococcal pharyngitis ("strep throat"), until twenty-four hours after treatment has been initiated and twenty-four hours after resolution of fever, whichever is the later;

(3) Purulent conjunctivitis ("pink eye"), until examined by a physician and approved for return to work;

(4) Pertussis ("whooping cough"), until five days of antibiotic therapy has been completed;

(5) Varicella ("chicken pox"), until the sixth day after onset of rash or sooner if all lesions have dried and crusted;

(6) Mumps, until nine days after onset of parotid gland swelling;

(7) Tuberculosis, until a physician or local health department authority states that the person is noninfectious;

(8) Impetigo (bacterial skin infection), until twenty-four hours after treatment has begun and twenty-four hours after resolution of the infection, whichever is later;

(9) Pediculosis (head lice), until the morning after first treatment; and

(10) Scabies ("crabs"), until after treatment has been completed.

Blood-borne diseases, such as HIV/AIDS and hepatitis B (HBV), shall not be considered infectious or communicable diseases for the purpose of this paragraph (d).

(Ord. No. 858, § 1, 5-26-2015)

To ensure that the view of the interior of the premises is obscured, any building openings, entries, windows, and the like found in massage businesses and establishments shall be located, covered, or screened in such a manner as to prevent a view into the interior from outside the building with the exception of the reception, front desk and/or customer waiting area which shall be visible from the exterior through the front door and/or store-front window. To ensure that the view of each of the massage rooms of the premises is partially obscured, all interior openings, entries, windows, doorways, and the like into massage rooms found in massage businesses and establishments shall use obscured glass doors without use of any type of additional covering, such that use of a massage room may be visually confirmed, but the identity of the room occupants is protected.

(Ord. No. 858, § 1, 5-26-2015)

The following construction standards are adopted to ensure the personal health and safety of patrons and employees by imposing reasonable hygiene requirements:

(a) Construction of rooms used for toilets, tubs, steam baths, and showers at all massage businesses and establishments shall be made waterproof with approved waterproofed material and shall be installed in accordance with all applicable state and local laws and regulations. Plumbing fixtures shall be in accordance with all applicable state and local laws and regulations.

(b) Steam rooms and shower compartments shall have waterproof floors, walls and ceilings approved by the city.

(c) Floors of wet and dry heat rooms shall be adequately pitched to one or more drains properly connected to the sewer. However, dry heat rooms with wooden floors need not be provided with pitched floors and drains.

(d) A source of hot water must be available within the immediate vicinity of dry and wet heat rooms to facilitate cleaning.

(Ord. No. 858, § 1, 5-26-2015)

(a) All massage businesses and/or establishments shall utilize a minimum of two employees during all business hours.

(b) All exterior doors of a massage business and/or establishment shall remain unlocked during business hours.

(c) It shall be unlawful for any massage service to be carried on within any cubicle, room, booth, or any area within a massage business and establishment which is fitted with a door capable of being locked.

(d) Toilets and cubicles used solely for the application of liquid and vapor baths shall have no such opening in the covering door or curtain, but shall be clearly marked as to such purpose on the exterior door or curtain of the cubicle, room or booth.

(e) Nothing contained in this section shall be construed to eliminate other requirements of statute, ordinance, or this code concerning the maintenance of premises, nor to preclude authorized inspection thereof, whenever such inspection is deemed necessary by the police or health departments, or by the city to assure compliance with the provisions of this chapter and applicable fire, health, and safety requirements.

(Ord. No. 858, § 1, 5-26-2015)

(a) The reception or front desk area, all hallways, and every entry and exit of every massage business and/or establishment shall utilize a video security system that provides surveillance of such areas during all business hours. All video footage shall be retained in a digital format for a minimum of thirty calendar days. The massage business establishment owner, operator, manager, and/or employee shall make the recorded surveillance immediately available for inspection upon reasonable demand of the city manager, city manager's designee, city law enforcement or any city code compliance officer. The owner of the massage business establishment shall submit to the director of public safety a supplemental security plan, before the issuance of a city business license, prepared to the director's satisfaction outlining implementation of the following measures, which shall be monitored by the public safety department. Upon plan approval by the director of public safety, the plan components shall be installed and made operational prior to the massage establishment commencing operation. At a minimum, the security plan shall provide the following:

(1) A closed circuit television (CCTV) system capable of viewing and recording events inside and outside the premises. The quantity, type, and location of cameras shall be subject to public safety director approval.

(2) Details on the location of the CCTV system recorder and storage of recorded content. The recorder shall be locked in a cabinet within an office; access to the cabinet shall be available to employees on duty at all times.

(3) Details on clearly distinguishable height markers on the interior side of the doorjamb, or on the interior edge of a pair of doors, for all doors used by the public to access the establishment. Horizontal marks, one inch wide by three inches long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches.

(Ord. No. 858, § 1, 5-26-2015)

(a) Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided.

(b) Hot and cold running water shall be provided at all times.

(c) A washer and dryer, for thoroughly cleaning soiled linens, shall be located within the interior of the massage establishment.

(d) Separate closed cabinets shall be provided for the storage of clean and soiled linen, and shall be plainly marked: "Clean Linen" and "Soiled Linen."

(Ord. No. 858, § 1, 5-26-2015)

Massage services for one gender must be provided in a room separate from members of the opposite gender. Establishments that provide massage services to a group of two or more persons (e.g. group massage), may only do so only do so for members of the same gender in a room separate from members of the opposite gender. Group massage may be provided to members of the opposite gender in a separate single room, only if such persons are related by blood, marriage, registered domestic partnership or adoption.

(Ord. No. 858, § 1, 5-26-2015)

Massage services shall be offered to members of both genders at all times. Adequate dressing, locker, and toilet facilities shall be provided for patrons. A minimum of one separate locker for each patron served at any given time shall be provided, which locker shall be capable of being locked. Separate dressing and separate toilet facilities shall be provided for male and for female patrons.

(Ord. No. 858, § 1, 5-26-2015)

A minimum of one separate washbasin shall be provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap or detergent and hot and cold running water at all times and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, there shall be provided at each washbasin, sanitary towels placed in permanently installed dispensers.

(Ord. No. 858, § 1, 5-26-2015)

To ensure safety and security, minors are not permitted to enter the premises of a massage business or establishment without being accompanied at all times by a parent or legal guardian and the building entrance to any massage business and establishment shall be clearly and legibly posted by a notice indicating that minors are precluded from entering the premises unless accompanied by a parent or legal guardian at all times. As used herein, the term "minor" means an individual under the age of eighteen years.

(Ord. No. 858, § 1, 5-26-2015)

To protect minors from viewing displays of harmful materials, no display or exhibit which emphasize or direct the viewer's attention to the subject's genitals or which depict or describe sexual activities or specified anatomical areas, shall be placed in, on, or at a massage business and establishment in such a manner as to be visible from the exterior of the premises.

(Ord. No. 858, § 1, 5-26-2015)

To ensure the personal safety and security of patrons and employees and limit negative secondary impacts to surrounding uses, massage businesses and establishments shall only operate between the hours of eight a.m. and nine p.m.

(Ord. No. 858, § 1, 5-26-2015)

All massage businesses and establishments shall post a list of services available, described in English, and at the option of the massage business and establishment one or more other language, and the cost of such services in a conspicuous place on the premises. No service shall be included on the list unless it is a service that falls within the professionally recognized scope of practice of a certified massage therapist or certified massage practitioner. No owner, manager or operator of a massage establishment shall allow, and no person shall perform or offer to perform, any service other than those posted pursuant to this paragraph.

(Ord. No. 858, § 1, 5-26-2015)

To ensure the personal safety and security of patrons and employees and to aid law enforcement officials in their investigation of illegal activities, all massage businesses and establishments and independent massage therapists and massage practitioners shall maintain a record which includes, at minimum, the date and time of each service, the full name and complete address of the patron (which information shall be verified through the presentation of a proper form of legal identification), the full name of any certified massage practitioner or certified massage therapist who administered any portion of such service, and the type of massage given. Such records shall be retained for a minimum of two years from the date of service, and shall be made available, upon request, for inspection by the city manager or city manager's designee, city law enforcement or any city code compliance officer. The information contained in such records shall be confidential unless otherwise required under applicable law.

(Ord. No. 858, § 1, 5-26-2015)

The operator and/or manager of a massage establishment shall maintain on the premises a register of all massage therapists and massage practitioners, including employees and independent contractors, providing massage services at said establishment. Information concerning an employee or independent contract shall be maintained for a minimum of two years after the person ceases to work for the establishment. The operator and/or manager shall make the register immediately available for inspection upon reasonable demand of the city manager, city manager's designee, city law enforcement or any city code compliance officer. The register shall include, but not be limited to, the following information:

(a) The name, nicknames and/or aliases used by an employee.

(b) The employee's home address and relevant phone numbers (including but not limited to home, cellular and pager numbers).

(c) The employee's age, date of birth, gender, height, weight, color of hair and eyes.

(d) The employee's Social Security number.

(e) The date of employment and termination, if any.

(f) The duties of each employee.

(g) A legal form of identification with photograph.

(Ord. No. 858, § 1, 5-26-2015)

No massage establishment owner, operator, manager, employee or independent contractor shall place, publish or distribute, or cause or allow to be placed, published or distributed, any advertising matter that would reasonably suggest to prospective patrons that any service is available unless such service is listed on the massage establishment's list of available services required under Section 5.56.220, above.

(Ord. No. 858, § 1, 5-26-2015)

No invasive procedures shall be performed on any patron. Invasive procedures include, but are not limited to:

(a) Application of electricity which contracts the muscle;

(b) Application of topical lotions, creams, or other substances which affect living tissue, such as chemical peel preparations or bleaches;

(c) Penetration of the skin by metal needles;

(d) Abrasion of the skin below the non-living, epidermal layers;

(e) Removal of skin by means of any razor-edged instrument or other device or tool; and

(f) Any needle-like instrument which is used for the purpose of extracting skin blemishes and other similar procedures.

(g) Any table shower massage, Vichy massage or other procedure that involves a table or other flat surface that is intended for patrons to lay on while receiving bathing and/or massage services (in any location, including, without limitation, a shower or lavatory).

(h) Any table shower device, or other device that is intended for patrons to lay on while receiving bathing and/or massage services (in any location, including, without limitation, a shower or lavatory).

(Ord. No. 858, § 1, 5-26-2015)

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.

(Ord. No. 858, § 1, 5-26-2015)

All combs, brushes, and or other personal items of grooming or hygiene 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 fully disinfected after each use.

(Ord. No. 858, § 1, 5-26-2015)

No patrons shall be allowed to use any shower facilities of the business or establishment unless such patrons are wearing slip-resistant sandals or flip-flops while in the shower compartment. All footwear such as sandals or flip-flops 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 fully disinfected after each use.

(Ord. No. 858, § 1, 5-26-2015)

To protect the personal health and safety of patrons and employees, the following conduct is prohibited from taking place within a massage establishment:

(a) No person present at a massage establishment may expose or touch an anatomical area, whether his or her own, or those of another person.

(b) A massage of the genitals or anal region of a patron, or any other person located within the massage establishment, as provided in Business and Professions Code Section 4609(a)(1)(E).

(c) No massage services shall be rendered to a patron, unless the patron's genitals are fully covered. In the case of a female patron, the patron's breasts must also be covered to the point immediately above the top of the areola. In addition, no patron's genitals or breasts of a any female patron shall intentionally be touched while the patron is on the premises of the massage establishment.

(d) It is unlawful for any massage establishment to allow any of its employees, independent contractors, patrons, or any other person present where massage services are being offered or performed, to engage in any sexual activity.

(e) It is unlawful for any person owning, operating or managing a massage businesses and establishment knowingly to cause, allow or permit in or about such massage businesses and establishment any agent, employee or any other person under his control or supervision to perform such acts prohibited in this section.

(f) For purposes of this section, the phrase "anatomical area" means human genitals, anus, or a female breast below a point immediately above the top of the areola.

(g) For purpose of this section, the phrase "sexual activity" means any of the following: (a) the fondling or other touching of human genitals, anus, or female breasts; (b) sex acts, normal or perverted, actual or simulated, including, but not limited to, intercourse, oral copulation, masturbation, or sodomy; or (c) excretory functions as part of or in connection with the fondling or other touching of human genitals, pubic region, buttocks, anus, or female breasts, sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy.

This section does not prohibit any certified massage practitioner or certified massage therapist from performing:

(h) A massage of the gluteal muscles for compensation.

(i) A massage of female breasts with (1) the written consent of the person receiving the massage and (2) a referral from a licenses California health care provider pursuant to Business and Professions Code Section 4609(a)(1)(F).

(j) Specific techniques recognized by the California Massage Therapy Council as legitimate.

(Ord. No. 858, § 1, 5-26-2015)

No alcoholic beverage or drug, other than a prescription medication in the possession of the person for whom the prescription was written, and no condoms or other prophylactic devices, shall be stored or allowed on a massage establishment's premises. Service of alcoholic beverages shall not be permitted.

(Ord. No. 858, § 1, 5-26-2015)

No holder of a massage businesses and establishment license shall employ any person under eighteen years of age.

(Ord. No. 858, § 1, 5-26-2015)

(a) Any massage establishment operated, conducted, or maintained contrary to the provisions of this or related chapters shall be, and the same is hereby declared to be unlawful and a public nuisance, and the city manager or city manager's designee, city attorney or city prosecutor may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, against the massage establishment owner and/or its agents and/or employees, and/or the landlord and/or fee owner of the property on which the massage establishment is operated, for the abatement, removal and enjoinment thereof, in the manner provided by law. Such remedies shall be in addition to any other penalties or remedies available to the city under this code, or under state law.

(b) In addition to any other penalty authorized by law or this code, the penalty for violating any of the terms, conditions, or requirements of this chapter shall be as follows:

(1) FIRST VIOLATION. When a person or business is found to violate any provision of this chapter, that person or business shall be issued a formal, written warning from a city code enforcement officer to cease the prohibited activity.

(2) SECOND VIOLATION. When a person or business is found to violate any provision of this chapter after being issued a formal, written warning within the prior twelve-month period for a previous violation, that person or relevant agent for the business shall be given a second written notice of violation advising that any further violations will result in the revocation of the business license for such establishment, and a prohibition on a re-application for a business license for a period of one year from the subsequent violation.

(3) THIRD VIOLATION. When a person or business is found to violate any provision of this chapter for a third time within a twelve-month period following receipt of a second violation, that person or business shall be given written notice by the code enforcement officer that its business license for the premises in question is immediately and summarily revoked, and that continued operation of the business in question thereafter shall be deemed an additional violation of the city's Municipal Code. A copy of such notice shall be posted at a prominent location upon the property in question. An action to revoke a business license under this section may be appealed within ten days of the date of the written notice of the summary revocation, pursuant to the procedure set forth in Section 5.04.260 of this code. Notwithstanding any provision of the Municipal Code to the contrary, and because the city council has declared that a business operating in violation of this chapter poses an immediate threat to public health, safety and welfare, the filing of an appeal in connection with the immediate, summary revocation of a business license under this chapter shall not stay the effectiveness of the revocation during the pendency of an appeal. Upon revocation of a business license pursuant to this section, (1) the applicant and any affiliate thereof shall be prohibited from re-occupancy of a massage establishment during the twelve-month period following the revocation, and (2) all persons shall be prohibited from applying for a business license to operate a massage establishment at the subject location during the twelve-month period following the revocation.

(c) The landlord and the fee owner of the property at which the massage establishment is conducted, as identified in the business license application, shall be notified of each citation, violation, conviction, and/or business license revocation action taken pursuant to this chapter.

(Ord. No. 858, § 1, 5-26-2015)

One or more managers shall be designated to act as the person(s) in charge of managing day-to-day operations of the massage establishment, including receiving all complaints. The names of such managers must be provided to the city. At least one manager shall be on premises of the massage establishment at all times during all business hours of operation. In addition to the holder of the massage facility's business license, on-site managers shall be responsible for all violations taking place on the massage establishment premises during their respective shifts.

(Ord. No. 858, § 1, 5-26-2015)

This chapter shall not apply to:

(a) Persons holding a valid certificate to practice the healing arts under the laws of the state of California and their employees, including, but not limited to, holders of medical degrees such as physicians, surgeons, chiropractors, osteopaths, naturopaths, podiatrists, acupuncturists, physical therapists, registered nurses, and licensed vocational nurses;

(b) State-licensed hospitals, nursing homes, sanitariums, physiotherapy establishments, or other state-licensed physical or mental health facilities and their employees;

(c) Barbers and cosmetologists who are licensed under the laws of the state of California while providing massage services within the scope of their licenses, provided that such massage services are limited solely to the neck, face, scalp, feet and lower limbs up to the knees, and hands and arms, of their patrons;

(d) Persons who provide massage services to amateur, semi-professional or professional athletes or athletic teams, facilities or events, so long as such persons do not practice massage services as their primary occupation within city limits.

(Ord. No. 858, § 1, 5-26-2015)

Massage establishments shall be operated in compliance with all applicable laws and regulations, including without limitation, the California Massage Therapy Act (Business and Professions Code Section 4600 et seq.).

(Ord. No. 858, § 1, 5-26-2015)

(a) Except as set forth in subsection (b) of this section, all requirements of this chapter shall be applicable effective within the timeframes described below.

(1) The city shall notify both the tenants and the property owners of all massage establishments that were legally operating with the city prior to June 1, 2015 of (1) the city's then-current massage establishment regulations, (2) an opportunity to meet and confer with city staff concerning the then-current massage establishment regulations, and (3) a list of materials that must be submitted to the city under this chapter.

(2) All existing massage establishments shall, within sixty days after receiving the notifications required in subsection (a)(1) of this section, provide to the city any and all documentation required by this chapter, and shall authorize an inspection of the massage establishment by city staff. Following receipt of the documentation and completion of the inspection, city staff shall notify the tenants and the property owners of the massage establishment of all required corrections or changes as necessary to achieve compliance with this chapter.

(3) All existing massage establishments shall, within sixty days after receiving the notifications required in subsection (a)(2) of this section, make any necessary changes to the physical structure or operations of said massage establishment as necessary to be in compliance with this chapter (except to the extent required compliance is deferred pursuant to section (b) of this section).

(b) Notwithstanding subsection (a) of this section, all massage establishments that were legally operating in the city prior to June 1, 2015 and determined by the director of community development to be out of compliance with the requirements of Sections 5.56.100, 5.56.130, 5.56.150(c) and/or 5.56.170 of this chapter, shall achieve full compliance with such sections on or prior to July 1, 2018.

(Ord. No. 858, § 1, 5-26-2015)