§ 19-127. Operating requirements. [Ord. No. 1151; amended 11-6-2023 by Ord. No. 1285]

No person shall engage in, conduct, carry on, or permit any massage within the City of Oakdale unless all of the following requirements are met:

• (a) Massage shall be provided or given only between the hours of 7:00 a.m. and 9:00 p.m. No massage business shall be open, and no massage shall be provided between 9:00 p.m. and 7:00 a.m. A massage commenced prior to 9:00 p.m. shall nevertheless terminate at 9:00 p.m., and, in the case of a massage

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City of Oakdale, CA § 19-127

OAKDALE CITY CODE

§ 19-127

business, all clients shall exit the premises at that time. It is the obligation of the massage business to inform clients of the requirement that services must cease at 9:00 p.m.

• (b) A list of the services available and the cost of such services shall be posted in the reception area within the massage premises and shall be described in readily understandable language. Outcall service providers shall provide such a list to clients in advance of performing any service. No owner, manager, operator, or responsible managing employee shall permit, and no massage practitioner shall offer or perform, any service other than those posted or listed as required herein, nor shall an operator or a massage practitioner request or charge a fee for any service other than those on the list of services available and posted in the reception area or provided to the client in advance of any outcall services.

• (c) A copy of the CAMTC certificate of each and every massage practitioner employed in the business shall be displayed in the reception area or similar open public place on the premises. CAMTC certificates of former employees and/or contractors shall be removed as soon as those massage practitioners are no longer employed by or offering services through the massage business.

• (d) Massage businesses shall at all times be equipped with an adequate supply of clean sanitary towels, coverings and linens. Clean towels, coverings, and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one client, unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one client. Soiled linens and paper towels shall be deposited in separate, approved receptacles.

• (e) Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bathrooms, tanning booths, whirlpool baths, 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 for the business must be in good repair, and maintained in a clean and sanitary condition.

• (f) Instruments utilized in performing massage shall not be used on more than one client unless they have been sterilized, using approved sterilization methods.

• (g) All massage business operators and their employees, including massage practitioners, shall wear clean, nontransparent outer garments. Said garments shall not expose their genitals, pubic areas, buttocks, or chest, and shall not be worn in such manner as to expose the genitals, pubic areas, buttocks, or chest. For the purposes of this section, "outer garments" mean a garment worn over other garments and does not include garments like underwear, bras, lingerie, or swimsuits.

• (h) No person shall enter, be, or remain in any part of a massage business while in possession of an open container of alcohol, or consuming or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. The owner, operator, responsible managing employee, or manager shall not permit any such person to enter or remain upon such premises.

• (i) No massage business shall place, publish, distribute, or cause to be placed, published, or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective clients that any service is available other than those services listed as an available service pursuant to Section 19-127(b), nor shall any massage business employ language in the text of such advertising that would reasonably suggest to a prospective client that any service is available other than those services as described in compliance with the provisions of this article.

• (j) No massage shall be given unless the client's genitals are, at all times, fully covered. A massage practitioner shall not, in the course of administering any massage, make physical contact with the

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City of Oakdale, CA § 19-127

OFFENSES – MISCELLANEOUS

§ 19-128

genitals or private parts of any other person regardless whether the contact is over or under the person's clothing.

• (k) Where the business has staff available to assure security for clients and massage staff are behind closed doors, the entry to the reception area of the massage business shall remain unlocked during business hours when the business is open for business or when clients are present.

• (l) No massage business located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall, during business hours, block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises. For the purpose of this subsection, there is an irrebuttable presumption that visibility is impermissibly blocked if more than 10% of the interior reception and waiting area is not visible from the exterior window. For the purposes of this subsection, there is an irrebuttable presumption that window tinting that allows less than 35% of visual light transmission is considered unreasonably darkening into the premises.

• (m) All signs shall be in conformance with the current ordinances of the City of Oakdale.

• (n) Minimum lighting consisting of at least one artificial light of not less than 460 lumens (equivalent to a forty-watt incandescent bulb) shall be provided and shall be operating in each room or enclosure where massage services are being performed on clients, and in all areas where clients are present.

• (o) Ventilation shall be provided in accordance with applicable building codes and regulations.

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

• (q) Adequate dressing room and toilet facilities shall be provided for clients.

• (r) A minimum of one wash basin for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing of massage services. Sanitary towels shall also be provided at each basin.

• (s) All massage businesses shall comply with all state and federal laws and regulations for handicapped clients.

• (t) A massage practitioner shall operate only under the name specified in his or her CAMTC certificate. A massage business shall operate only under the name specified in its City registration certificate.

• (u) No massage business shall allow any person to reside within the massage business or in attached structures owned, leased or controlled by the massage business. This excludes businesses that are operated from structures that are designed to be lived in, such as houses, condominiums or any other residential structure that is also being used to perform massages.

• (v) Other than custodial or maintenance staff, no persons shall be permitted within the premises of a massage business between the hours of 10:00 p.m. and 6:00 a.m.