El Dorado County Municipal Code Ch. 5.34 Adult-Related Establishments

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State Law reference— Local authority to regulate the time, place, and manner of operation of sexually oriented businesses, Government Code § 65850.4, Penal Code § 318.6; Quimby-Walsh Act, Penal Code § 318.5.

A. There has been a recent increase throughout the County of adult-related establishments, such as escort bureaus, introductory services, public bathhouses, model studios, sexual encounter centers, and similar businesses which offer patrons services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas. There has been a demonstrable relationship between high incidence of unlawful prostitution and drug-related crime, and the adult-related establishments regulated by this chapter. Such businesses often operate as fronts for houses of prostitution, and for illegal drug-related transactions. Past regulation by the other cities and counties of some of these establishments, such as massage parlors, has been difficult because the establishments evade the regulations by changing their names to indicate different objects or purposes from the types of businesses regulated.

B. Neighboring cities and counties have recently enacted comprehensive schemes for the regulation of adult entertainment establishments. These regulations will ultimately make it more difficult for such establishments to open and continue operation within the areas and fewer such establishments are likely to continue operating within the jurisdictions. This regulatory program will have the ultimate effect of forcing proprietors of such establishments to look to other areas with potentially less restrictive regulations to continue their operations, including the County.

C. A system of requiring regulatory licenses for adult-related establishments and for those persons rendering services to customers will assist in ensuring illegal activities do not occur on the premises or otherwise in connection with such businesses within the unincorporated area of the County. If criminal activity occurs on the premises, or if other provisions of this chapter are violated, the licenses are subject to revocation. Criminal liability also exists for a violation of this chapter. These provisions will provide the Sheriff with both preventative and investigatory tools to control illegal activity in such businesses, and will promote and protect the public health, safety and welfare.

D. By the definition of "adult-related establishments" contained in Section 5.34.020, it is the intent of the Board of Supervisors to prevent evasion of the provisions of this chapter through the device of calling the business by a new or different name. If specified sexual activities are involved, or if specified anatomical areas are displayed, this chapter is intended to apply to both the premises and the individuals who provide such services to the patrons, regardless of the individual's title or position, or of the name given to the business.

E. The ordinance from which this chapter is derived is enacted pursuant to the provisions of Government Code § 51034.

(Code 1997, § 5.34.010; Ord. No. 3515, § 15(part), 1985)

As used in this chapter, the terms identified by this section shall be ascribed the following meanings, except where the context clearly indicates a different meaning:

Adult-related establishment.

A. The term "adult-related establishment" means a bathhouse, escort bureau, introductory service, massage establishment, out-call massage service, modeling studio or sexual encounter center, as defined by this chapter. The term "adult-related establishment" also includes any other business or establishment which has available for or offers any patron, for pecuniary compensation, consideration, hire or reward, services or entertainment or activities which involve reward, services or entertainment or activities which involve specified anatomical areas.

B. The term "adult-related establishment" does not include an adult bookstore, adult motion picture theater, adult mini-motion picture theater, adult hotel or motel, or cabaret.

Bathhouse means an establishment whose primary business is to provide, for pecuniary compensation, consideration, hire or reward, access to any kind of bath facility, including, but not limited to, showers, saunas and hot tubs.

Escort services. In relation to escort services, the following terms shall be ascribed the following meanings:

Escort means a person who, for pecuniary compensation, consideration, hire or reward, either escorts or accompanies others to or about social affairs, entertainment or places of amusement, or keeps company with others about any place of public resort or within any private quarters.

Escort bureau means a business which, for pecuniary compensation, consideration, hire or reward, furnishes or offers to furnish escorts.

Introductory service means a business which, for pecuniary compensation, consideration, hire or reward helps persons to meet or become acquainted with others for social purposes. For purposes of this section, the term "others" includes personnel of the introductory service.

Massage services. In relation to massage services, the following terms shall be ascribed the following meanings:

Massage means any method of pressure or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external surfaces of the body with hands or with any object or appliance.

Massage establishment means an establishment whose primary business is the offering of massage in exchange for pecuniary compensation, consideration, hire or reward.

Massage technician means any person who for pecuniary compensation, consideration, hire or reward, engages in the practice of massage.

Out-call massage service means any business not licensed as a massage establishment under the provisions of this chapter, wherein the primary function of such business is to engage in or carry on massage for pecuniary compensation, consideration, hire or reward not at a fixed location, but at a location designated by the customer or client.

Modeling services. In relation to modeling services, the following terms shall be ascribed the following meanings:

Figure model means any person who, for pecuniary compensation, consideration, hire or reward, poses to be observed, sketched, painted, drawn, sculpted, photographed or otherwise depicted.

Modeling studio means a business which provides, for pecuniary compensation, consideration, hire or reward, figure models who display specific anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons who pay such consideration.

Sexual encounter center.

A. The term "sexual encounter center" means a business which provides two or more persons, for pecuniary compensation, consideration, hire or reward, with a place to assemble for the purpose of engaging in specified sexual activities or displaying specified anatomical areas.

B. The term "sexual encounter center" does not include hotels or motels.

Specified anatomical areas include:

A. Less than completely and opaquely covered human genitals or pubic regions, buttocks or female breast below a point immediately above the top of the areola; and

B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities include the following:

A. Actual or simulated intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism or zooerasty;

B. Clearly depicting human genitals in a state of sexual stimulation, as arousal or tumescence;

C. Use of human or animal masturbation, sodomy, oral copulation, coitus, or ejaculation;

D. Fondling or touching of nude human genitals, pubic region, buttocks, or female breasts;

E. Masochism, erotic or sexually oriented torture, beating or the infliction of pain;

F. Erotic or lewd touching, fondling or other contact with an animal by a human being;

G. Human excretion, urination, menstruation or vaginal or anal irrigation.

(Code 1997, § 5.34.020; Ord. No. 3515, § 15(part), 1985)

The provisions of this chapter shall not be applicable to or include the following:

A. Hospitals, nursing homes, sanitariums or persons working in any such establishment;

B. Persons holding an unrevoked certificate to practice the healing arts under the laws of the State or persons working under the direction of any such person;

C. Barbers or cosmetologists lawfully carrying out their particular occupation or business, and holding a valid, unrevoked license or certificate of registration issued by the State;

D. Modeling schools or classes maintained pursuant to standards established by the State Board of Education; or

E. Any recognized school of massage which:

1. Teaches the theory, ethics, practice, profession and work of massage;

2. Requires a residence course of study to be given before the student is furnished with a diploma or certificate of learning or completion; and

3. Has been approved pursuant to Business and Professions Code § 4600 et seq., or if said school is not located in the State, has complied with the standards commensurate with those specified under State law.

A "recognized school of massage," as those terms are used in this subsection, shall not include a school or institution of learning offering or allowing correspondence course credit not requiring actual attendance at class, or courses of massage technician not approved by the State Massage Therapy Council.

F. Persons holding a valid certificate for massage therapy services issued by the California Massage Therapy Council (CAMTC) pursuant to Business and Professions Code § 4600 et seq. and businesses that employ only CAMTC-certified massage therapists to perform massage therapy services. For purposes of this subsection, a business shall include a CAMTC-certified massage therapist who is the sole owner, operator and employee of a business operating as a sole proprietorship. All other provisions of the County Business License Ordinance shall apply.

(Code 1997, § 5.34.030; Ord. No. 3515, § 15(part), 1985; Ord. No. 5187, § 2, 12-5-2023)

It is unlawful for any adult-related establishment to be operated or remain open for business between the hours of 10:00 p.m. and 8:00 a.m. of the following day.

(Code 1997, § 5.34.040; Ord. No. 3515, § 15(part), 1985)

A list of the services available and the price of such service shall be posted in a clearly visible place at or near the entrance of each adult-related establishment. The services available shall be described in readily understandable language. No adult-related establishment shall render or provide, or offer to render or provide, any service not listed in compliance with this section.

(Code 1997, § 5.34.050; Ord. No. 3515, § 15(part), 1985)

Operators of adult-related establishments shall maintain personnel registers, which shall be available for inspection by the Sheriff at all times during regular business hours, as follows:

A. With respect to a massage establishment and on out-call massage service, a personnel register shall be maintained containing the names and employee permit numbers of each person employed or retained to perform service as a massage technician.

B. With respect to an escort service, a personnel register shall be maintained which includes the name and employee permit number of each person employed or retained as an escort.

C. With respect to a model studio, a personnel register shall be maintained which includes the name and employee permit number of each person employed or retained as a figure model.

D. With respect to any adult-related establishment, other than a model studio, escort service, massage establishment or out-call massage service, a personnel register shall be maintained which includes the names of all persons employed or retained on the premises to provide services, the title of the position of each such person, and as to those persons required to possess employee permits by this chapter, their employee permit numbers.

(Code 1997, § 5.34.060; Ord. No. 3515, § 15(part), 1985)

It is unlawful for the operator or any other person in charge of an adult-related establishment to employ or retain any person who is under the age of 18 years to perform any service on the premises of the establishment.

(Code 1997, § 5.34.070; Ord. No. 3515, § 15(part), 1985)

A. Massage establishments shall at all times be equipped with an adequate supply of clean, sanitary towels, coverings and lines. Towels, coverings and linens shall not be used on more than one patron unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one patron. Soiled linens and paper towels shall be deposited in approved receptacles.

B. Within massage establishments, wet and dry heat rooms, steam or vapor rooms or cabinets, shower rooms and compartments, toilet rooms and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the Health Officer. Bathtubs shall be thoroughly cleaned after each use with a disinfectant approved by the Health Officer. All walls, ceilings, floors and other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Instruments for massage shall not be used on more than one patron unless they are sterilized before each use by sterilization methods approved by the Health Officer.

(Code 1997, § 5.34.090; Ord. No. 3515, § 15(part), 1985)

Within bathhouses, towels shall not be supplied to more than one person unless such towels have first been laundered and disinfected. Wet and dry heat rooms, steam or vapor rooms and cabinets, shower rooms and compartments, toilet rooms and pools shall be thoroughly cleaned and disinfected as needed, and at least once a day the premises are open, with a disinfectant approved by the Health Officer. All walls, ceilings, floors and other physical facilities shall be in good repair and maintained in a clean and sanitary condition.

(Code 1997, § 5.34.100; Ord. No. 3515, § 15(part), 1985)

While performing services in any adult-related establishment, massage technicians shall wear garments which cover the entire body, exclusive of the head, neck, arms, legs, hands and feet, while giving a massage. Such garments shall not be transparent.

(Code 1997, § 5.34.110; Ord. No. 3515, § 15(part), 1985)

A. Each massage establishment and out-call massage service offering any services involving physical contact with patrons shall be managed by a person who possesses a diploma or certificate of graduation from a recognized school of massage, as the term "recognized school of massage" is defined by Section 5.34.030(E). It is unlawful for any massage establishment or out-call massage service offering such services to operate unless managed by a person possessing a diploma or certificate.

B. Such an establishment and service shall not be deemed "managed" as required by this section unless a person possessing the required certificate or diploma having the authority and responsibility to supervise personnel employed or retained to perform services and to supervise the delivery of services is on the premises of the establishment not less than 75 percent of the time the business is open for the delivery of services.

(Code 1997, § 5.34.120; Ord. No. 3515, § 15(part), 1985)

It is unlawful for any massage establishment and out-call massage service to employ or retain a person to provide services as a massage technician, and unlawful for any person to work at or for such an establishment or service, unless the person possesses a diploma or certificate of graduation from a recognized school of massage, as the term "recognized school of massage" is defined by Section 5.34.030.E.

(Code 1997, § 5.34.130; Ord. No. 3515, § 15(part), 1985)

A. License required. It is unlawful for any person to operate or conduct an adult-related establishment unless under and by authority of a valid, unexpired and unrevoked business license issued pursuant to the provisions of this chapter.

B. Display of license.

1. Each adult-related establishment, except an out-call massage service, shall display a special business license in a conspicuous place within the establishment so that the same may be readily seen by persons entering the premises.

2. A person engaged in an out-call massage service who is the licensee for said service shall have the license available for inspection at all times while providing out-call massage services.

C. Employee permits required.

1. It is unlawful for any person to provide any of the following services without possessing a valid, unexpired and unrevoked employee permit issued by the Sheriff pursuant to this chapter:

a. Act as a manager of an adult-related establishment by supervising or controlling the personnel of such an establishment or the services rendered therein;

b. Give a massage for a fee or any other form of consideration;

c. Act as an escort; or

d. Act as a figure model in a modeling studio.

2. It is unlawful for the operator of any adult-related establishment to employ or retain a person to perform any of the services set out in this subsection unless such person possesses such an employee permit.

D. Application. In addition to the matters prescribed by Section 5.14.030, an application for an employee permit to provide services identified by Subsection C of this section shall contain the following:

1. A list of each conviction of the applicant, plea of guilty, or plea of nolo contendere. The list shall, for each such conviction, set forth the date of arrest, the offense charged and the offense of which the applicant was convicted;

2. Proof of the age of the applicant; and

3. With respect to a permit to perform services as a manager of a massage establishment or out-call massage service or as a massage technician, the name and address of each school of massage attended or provider of instructional services in massage which has been received, the name and address of the school or provider, the dates of attendance or receipt of instruction, and a copy of any certificate or diploma or other evidence of completion which the applicant has received.

E. Issuance. Upon receipt of an application for an employee permit to act as a manager of an adult-related establishment or a massage technician, an escort or a figure model, the Sheriff shall conduct such investigation pursuant to Section 5.14.030 as is deemed necessary. The Sheriff shall issue the permit unless he or she finds any of the following:

1. That the application fails to contain information required by the Sheriff or Subsection D of this section or is otherwise incomplete;

2. That information contained in the application is false or otherwise inaccurate;

3. That the applicant has been convicted of a crime and the time for appeal has elapsed, or when an order granting probation is made suspending the imposition of sentence, irrespective of the entry of a subsequent order under Penal Code § 1203.4, or has done any act involving dishonesty, fraud or deceit with intent to substantially benefit himself or herself, or another, or substantially injure another, and the Sheriff concludes that by reason of the crime or act the applicant would not perform his or her duties as a manager, massage technician, escort or figure model in a law-abiding manner or in a manner which does not subject patrons to risk of harm or criminal, deceitful or otherwise unethical practices;

4. Notwithstanding the foregoing, an application shall not be denied solely on the basis that a person has been convicted of a felony, if the person has obtained a certificate of rehabilitation under Penal Code § 4852.01 et seq., or that the person has been convicted of a misdemeanor if the person has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person when considering the denial of a license under Penal Code § 482(a);

5. That the applicant is under 18 years of age;

6. That with respect to an application for an employee permit to act as a manager of a massage establishment or out-call massage service offering services involving physical contact with patrons, or massage technician, the applicant has not graduated from a recognized school of massage, as that term is defined by Section 5.34.030.E; or

7. Notwithstanding any other provision in this chapter to the contrary, the Sheriff may deem the requirements of Subsection E.6 of this section and Sections 5.34.120 and 5.34.130 satisfied if he or she finds in writing that the applicant for the permit has attended not less than 100 hours of instruction in massage at a school within or outside this State or any foreign county that provides education substantially equal to or in excess of that received as a result of graduating from a recognized school of massage, as defined by Section 5.34.030(E).

F. Revocation of permits. An employee permit may be revoked or suspended pursuant to this section, and Section 5.14.030, on any of the following grounds:

1. Violation of any of the duties, requirements or prohibitions contained in this chapter;

2. Violation of any of the duties, requirements or prohibitions set forth in any administrative regulations issued pursuant to Chapter 5.08;

3. Misrepresentation of a material fact contained in the application for the permit; or

4. That since issuance or renewal of the permit the Sheriff has acquired information supporting a finding prescribed by Subsection E.3 of this section in relation to the holder of the permit.

(Code 1997, § 5.34.140; Ord. No. 3515, § 15(part), 1985)