Sec. 44-227. - Exemptions.

The provisions of this subdivision shall not apply to the following types of individuals while engaged in the performance of the duties of their respective professions:

(1)

Physicians, surgeons, chiropractors, osteopaths, acupuncturists or physical therapists who are duly licensed to practice their respective professions in the State of California;

(2)

Nurses registered and practicing under the laws of the State of California;

(3)

Barbers and beauticians who are duly licensed to practice their respective professions in the State of California;

(4)

Licensed employees of hospitals, nursing homes, sanatoriums, or other health care facilities that are duly licensed by the State of California.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-228. - Massage establishment business license.

(a)

Application. In addition to the information required to be provided under Section 22-11, a person applying for a business license for a massage establishment 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city, county, territory, or state; the date of issuance of such a permit or license; whether the permit or license was revoked or suspended; and whether a vocational or professional license or permit was issued, revoked, or suspended, and the reason for any revocation or suspension.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)

All criminal convictions, other than misdemeanor traffic violations and infractions, the jurisdiction in which the conviction occurred, and the circumstances thereof.

(3)

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

(4)

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.

(5)

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. If not known at the time of submission of the application, the applicant shall provide the required information no later than seven calendar days prior to opening for business.

(6)

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 current certificate issued by the Massage Therapy Council, and a copy of that person's identification card issued by the Massage Therapy Council.

(7)

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.

(b)

Changes in information. 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 seven calendar days of discovering that change. Such changes

include, but are not limited to, changes in the types of services to be provided, and changes in the persons employed or retained by the massage establishment to perform massage for compensation.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-229. - Out-call massage prohibited.

It shall be unlawful to provide out-call massage, or to cause or allow out-call massage to be provided.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-230. - Massage establishment operating requirements.

Every person operating or maintaining a massage establishment in the City shall comply with each of the following requirements at all times:

(1)

Location. A massage establishment shall not be located within 1,000 feet of another massage establishment. The distance between massage establishments shall be measured in a straight line, without regard to intervening structures, from the closest exterior wall of one massage establishment to the closest exterior wall of the other massage establishment.

(2)

Hours of operation. Massage operations shall be carried on or conducted, and the premises shall be open, only between the hours of 8:00 a.m. and 9:00 p.m. The operator and/or manager of the massage establishment shall notify the City, in writing, at least 30 calendar days prior to the effective date of any change to the establishment's hours of operation. No person shall administer a massage in any massage establishment outside the permissible hours of operation specified in this subsection.

(3)

Management. 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.

(4)

List of services. A list of all available services, and their respective cost, shall be posted in an open public place within the massage establishment. The list shall, at minimum, be posted in English. 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 subsection.

(5)

Display of licenses and certificates. The massage establishment's business license and a copy of the massage certificate for every certified massage therapist and certified massage practitioner employed by the massage establishment, as an employee, independent contractor or otherwise, shall be displayed in an open and conspicuous public place on the massage establishment's premises.

(6)

Records of treatment. Every massage facility operator shall keep a written record of all services rendered on the premises. The record shall include, at minimum, the date and hour of each service, the full name and complete address of the patron, the full name of any certified massage practitioner or certified massage therapist who administered any portion of such service. The record shall be retained for a minimum of two years from the date of service, and shall be open to inspection upon demand by officials charged with the enforcement of this subdivision, and by emergency personnel, for law enforcement and emergency purposes and for no other purpose. The information furnished or secured as a result of any such records shall remain confidential to the extent permitted by law.

(7)

Inspections. All areas of the massage establishment shall be subject to reasonable inspections during all hours of operation to ensure compliance with the City's Code, state law regulating the practice of massage, and all other applicable laws and regulations.

(8)

Massage school prohibited. 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.

(9)

Advertisements. 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 subsection (4).

(10)

Clothing. All owners, operators, managers, employees, and independent contractors of a massage establishment shall be clean and shall wear clean, nontransparent outer garments at all times when present on the premises of the establishment. Such garments shall not expose any genitals, pubic areas, buttocks or breasts, and shall otherwise comply with the standards set forth in Business and Professions Code § 4609.

(11)

Employees and independent contractors. The operator and/or manager of a massage establishment shall maintain on the premises a register of all employees and independent contractors of the establishment.

Information concerning an employee or independent contractor 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 a representative of City law enforcement or code enforcement. 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

(12)

Compliance with laws. 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 § 4600 et seq.).

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-231. - Massage establishment facility requirements.

To ensure the health and safety of all persons, every person operating or maintaining a Massage Establishment, and/or providing massage services, in the City shall comply with all of the following requirements at all times:

(1)

A recognizable and readable sign, compliant with all applicable City sign regulations, shall be posted at the main entrance of the massage establishment, identifying it as such an establishment.

(2)

The hours of operation of the massage establishment must be posted in the front window in a manner that is clearly visible from the exterior of the establishment.

(3)

One front door that enters into the lobby and/or other waiting room of the establishment shall be provided for customer use. All customers and any other persons other than employees of the establishment shall be required to enter and exit through the establishment's front door.

(4)

Minimum lighting shall be provided in accordance with the Section 44-278. In addition, at least one unobstructed, artificial light of not less than 40 watts shall be provided in each room or booth where massage services are performed on patrons and shall be illuminated at all times while any patron is present therein.

(5)

Minimum ventilation shall be provided in accordance with the California Building Standards Code.

(6)

Instruments used in performing massage services shall not be used on more than one patron unless they have been sterilized using approved sterilizing methods between use on different patrons. Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided at all times.

(7)

Hot and cold running water shall be provided at all times on the premises.

(8)

Adequate bathing, dressing, locker, and toilet facilities shall be provided for patrons. Each massage establishment shall provide a minimum of one tub or shower, one toilet, one sink, and one dressing room containing a separate locker for each patron to be served, which locker shall be capable of being locked and a minimum of one toilet and one washbasin. If male and female patrons are to be served simultaneously at the establishment, separate bathing, separate massage rooms, separate dressing areas and separate toilet facilities shall be provided for each gender.

(9)

All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition at all times. Wet and dry heat rooms, steam vapor rooms, steam and vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned with a disinfectant at least once each day that the business is in operation. Bathtubs shall be thoroughly cleaned with a disinfectant after each use. All walls, floors and ceilings of each restroom and shower area shall be constructed with materials that are smooth and easily cleanable. No carpeting shall be installed in these specified areas.

(10)

Clean and sanitary towels, coverings and linens shall be provided for each patron of the establishment. No common use of towels or linens shall be permitted. Clean towels, coverings and linens shall be stored in enclosed cabinets. Disposable towels and coverings shall be permitted, but shall not be used on more than one patron. Soiled linens, coverings and towels shall be deposited in separate, approved receptacles.

(11)

If any pads are used on massage tables, such pads shall be covered with a durable washable plastic or other waterproof material which shall be cleaned and disinfected with a disinfectant at least once each day the establishment is open.

(12)

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.

(13)

No massage establishment shall be equipped with any of the following improvements:

a.

Tinted or "one-way" glass in any room or office;

b.

Door-viewer or peephole designed to look through a door or wall; or

c.

Locking mechanisms on any interior door that would impede unobstructed entrance to massage treatment rooms, including but not limited to a locking mechanism on any treatment room door, unless there is no staff person available to assure the security for clients and massage personnel who are behind closed doors. For the purpose of this subsection, a staff member is available to assure the security of clients and massage personnel when the massage establishment employs a receptionist or other person who is stationed in a public location outside of the massage treatment rooms.

(14)

With the exception of massage establishments owned by one individual with one or no employees or independent contractors, massage establishments shall keep all doors leading to the exterior of the premises unlocked during the establishment's business hours.

(Ord. No. 2015-01, § 3, 5-5-2015)