Article 3 — Other Requirements and Regulations

Article 3 of this chapter (sections 5.24.140 through 5.24.240) shall apply to masseurs permitted by the City of Orinda and to masseurs who are certified by the California State Massage Therapy Organization in accordance with the Massage Therapy Act, Government Code section 4600 et seq. (Ord. No. 09-07, § 2(Att. A), 10-6-09)

The Chief of Police may make and enforce such reasonable regulations as may be necessary to carry out the intent and purposes of this chapter. (Ord. No. 09-07, § 2(Att. A), 10-6-09)

The Health Officer may make such inspections as he or she deems necessary for the detection of disease transmission and may take all reasonable measures he or she deems necessary to prevent or eliminate such transmissions. (Ord. No. 09-07, § 2(Att. A), 10-6-09)

Every massage parlor operator shall display his or her permit or state certificate as well as the permits or state certificates of its masseur employees in a conspicuous place on the premises. Every outcall massage service shall have its employee permits or state certificates available for inspection during regular business hours. (Ord. No. 09-07, § 2(Att. A), 10-6-09)

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. D. All toilets, lavatory facilities and changing rooms shall be maintained in a clean and sanitary condition. Handwashing facilities in good repair with hot and cold running water, along with handwashing detergent or soap and sanitary towels in permanent dispensers, shall be provided in either the toilet room or vestibule thereof. All employees must wash their hands after using the toilet facilities. Legible signs to this effect shall be posted in each toilet facility. E. All employees shall be clean and wear clean outer garments. F. 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 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 skylights are used for ventilation, at least one-half of the total required window area shall be operable. (Ord. No. 09-07, § 2(Att. A), 10-6-09)

No masseur or employee of either sex, in the presence or view of any customer, shall expose his or her 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. No. 09-07, § 2(Att. A), 10-6-09)

The Chief of Police, 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 chapter or, in the case of state permittees, compliance with the provisions of the Massage Therapy Act. (Ord. No. 09-07, § 2(Att. A), 10-6-09)

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 or her body prohibited by section 5.24.190. (Ord. No. 09-07, § 2(Att. A), 10-6-09)

As provided in Government Code section 4602.5(b), the Chief of Police may report violations of this ordinance, disciplinary actions, and other information regarding the conduct of a state certified masseur to the state massage therapy organization. (Ord. No. 09-07, § 2(Att. A), 10-6-09)

The Chief of Police may revoke or suspend any permit issued by the City of Orinda, if he or she finds, after a hearing, that: A. Any of the provisions or requirements of this chapter have been violated or not fulfilled; B. The permittee is engaging in any illegal conduct related to the provision of massage services; C. The permittee is operating without due regard for the health, safety and welfare of the public or customers; D.

The permittee refuses to allow any authorized person to inspect the massage parlor, or fails or refuses to answer inquiries or furnish information or other things required by this chapter; or E. The permittee has been convicted of an offense described in Government Code Section 51032. (Ord. No. 09-07, § 2(Att. A), 10-6-09)

Before he or she suspends, revokes or refuses to renew any permit issued by the City of Orinda, the Chief of Police 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 Chief of Police shall mail written notice of his or her decision to the permittee. (Ord. No. 09-07, § 2(Att. A), 10-6-09)