San Jose Municipal Code Part 2 Operating Regulations and Conditions

A. The provisions of this part shall constitute business permit terms and conditions applicable to each business permit issued by the chief of police.

B. In addition, the provisions of this part shall constitute operating regulations. It shall be unlawful for any person to violate these provisions.

(Ord. 29662.)

A. Massage in exchange for money or any other thing of value, or for checks, credit or any other representation of value shall be provided or given only between the hours of 7:00 a.m. and 10:00 p.m.

B. The premises on which a massage business is operated or conducted shall be open only between the hours of 7:00 a.m. and 10:00 p.m.

(Ord. 29662.)

All clients shall enter and exit exclusively through the front door of the massage business. The front door shall be the door facing the street, or if no such door exists, the door that is most visible to members of the public passing by the massage business.

(Ord. 29662.)

A. A list of services available shall be displayed in an open and conspicuous manner in a public place within the premises and shall be described in readily understandable language. No person shall perform or offer to perform any service other than those posted.

B. A massage therapist for an off-premises massage business shall provide to clients and to the public upon request the list of services described in Subsection A.

(Ord. 29662.)

A. The permittee shall keep a written record of the date and hour of each massage service; the name and address of each client; the name of the massage therapist administering the service, the address at which the service was provided, the type of service administered, and such other information as the chief of police considers necessary on a client service release form approved by the chief of police.

B. Such written record shall be open to inspection by city officials including the police department and the city attorney's office for the administration and enforcement of the Municipal Code or state law.

C. Such records shall be maintained on the premises of the massage business for a period of two years.

D. In the case of an off-premises massage business, the permittee shall maintain the above specified records at the business address provided by the permittee on the business permit application.

E. Each permittee shall:

1. Provide the chief of police with a copy of the valid CAMTC certificate for every person who is employed or otherwise retained by permittee to provide massage prior to the commencement of such person's employment or massage service.

2. Display in the reception area or similar open public place on the premises a copy of each CAMTC certificate for all persons employed or otherwise providing massage. CAMTC certificates of former employees or contractors shall immediately be removed as soon as the massage therapist is no longer employed or providing massage services through the massage business.

3. Require each massage therapist to clearly and prominently wear a CAMTC certification card at all times when the massage therapist is inside a massage business or providing massage at an off-site premise.

(Ord. 29662.)

A. A permittee shall immediately notify the chief of police of any of the following occurrences:

1. Arrests of any owners, managers, employees, or massage therapists for an offense other than a misdemeanor traffic offense;

2. Resignations, terminations, or transfers of owner/manager licensee or massage therapists employed or otherwise retained by permittee to provide massage;

3. Any event involving the massage business, permittee, owner/manager licensee or massage therapist that constitutes or may constitute a violation of this chapter, Municipal Code, or state or federal law.

B. This provision requires reporting to the chief of police even if the permittee believes the chief of police has or will receive the information from another source.

(Ord. 29662.)

A. The permittee shall, at all times, have an adequate supply of clean sanitary towels, coverings and linens.

B. Clean towels, coverings and linens shall be stored in cabinets.

C. Towels and linens shall not be used on more than one client, unless they have first been laundered and disinfected.

D. Disposable towels and coverings shall not be used on more than one client.

E. Soiled linens and paper towels shall be deposited in separate, approved receptacles.

(Ord. 29662.)

A. The permittee shall provide separate massage rooms and separate dressing facilities if male and female clients are to be treated simultaneously on the same massage business premises, unless there is consent from the male and female clients to receive massage on separate massage tables in the same room.

B. Massage businesses shall not contain sleeping quarters on the premises. There shall be no room or space used for sleeping, living or residential uses on the massage business premises.

(Ord. 29662.)

A. The permittee, owners, managers, employees, and massage therapists, when present on the premises of a massage business or when working or providing services for an off-premises massage business, shall be clean and shall wear clean, nontransparent outer garments. Such garments shall not expose their genitals, pubic areas, buttocks or chests and shall be in compliance with California Business and Professions Code Section 4609, as may be amended.

B. A massage shall not be given unless the client's genitals and female client's breasts are fully covered.

C. A massage therapist shall not, in the course of administering any massage, make physical contact with the genitals of any person regardless whether the contact is over or under the person's clothing.

(Ord. 29662.)

A. No person shall enter or remain in any part of the premises of a massage business, or conduct, operate, be employed by or provide massage for an off-premises massage business, while in the possession of, consuming, or using any alcoholic beverage or drugs except for medication provided pursuant to a prescription issued by a physician duly licensed to practice in the State of California. The permittee, owner, operator, manager or massage therapist shall not permit any such person to enter or remain on such premises.

B. No alcoholic beverage or drug, other than a prescription medication in the possession of the person for whom the prescription was written shall be stored or kept on the premises of a massage business.

(Ord. 29662.)

A. No person shall enter or remain in any part of the premises of a massage business, or conduct, operate, be employed by or provide massage for an off-premises massage business, while in the possession of or while using a condom.

B. No condom shall be stored or kept on the premises of a massage business.

(Ord. 29662.)

A. No massage business or off-premises massage business shall operate as a school of massage or use any of the premises or facilities of a school of massage except as specified in Subsection B.

B. A school of massage may be operated simultaneously with and in the same or a contiguous building with a massage business, provided that the facilities of the school are physically separated, clearly delineated and there is not a sharing of any portion of those respective facilities.

(Ord. 29662.)

No person shall publish or distribute, or cause to be published or distributed, any advertising matter including on the internet or business identification card that would reasonably suggest to prospective clients that any service is available other than a massage. For example, no advertising shall contain any nudity or suggest sexual services are available.

(Ord. 29662.)

A. No massage shall be conducted within any cubicle, room, booth or treatment room on the premises of a massage business which is fitted with a lock.

B. All exterior doors on the premises of a massage business shall remain unlocked from the interior side during business hours unless the massage business meets the requirement of California Government Code Section 51034(b)(5), as may be amended.

(Ord. 29662.)

No person shall be employed in a massage business or perform massage or manage or hold an ownership interest in a massage business who is not at least eighteen years of age.

(Ord. 29662.)

A. During the term of a business permit, the permittee and each massage therapist who works for the permittee or on the permittee's business premises shall maintain in full force and effect professional liability or massage malpractice insurance or other such policy as the office of the risk manager shall require:

1. With minimum policy limits to be set by the risk manager;

2. Issued by an admitted insurer or insurers as defined by the California Insurance Code; and

3. Providing that no cancellation, change in coverage, or expiration by the insurance company or the insured shall occur during the term of the business permit, without thirty days written notice to the chief of police prior to the effective date of such cancellation or reduction in coverage.

B. Proof of insurance shall be provided to the office of the risk manager.

(Ord. 29662.)

No person shall conduct or operate a massage business under any name not specified in a valid business permit issued by the chief of police.

(Ord. 29662.)

The premises of every massage business shall be maintained and shall at all times when open for business meet the following requirements:

A. Minimum lighting shall be provided in accordance with Article 220 of the National Electrical Code, and, in addition, at least one artificial light of not less than forty watts shall be provided in each room or enclosure where massage services are performed on clients;

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

C. Cabinets shall be provided for storage of clean linens;

D. Adequate bathing, dressing, locker and toilet facilities shall be provided for clients;

E. A minimum of one separate 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 the performing of massage services. Sanitary towels shall also be provided at each basin;

F. Pads used on massage tables 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 premises are open;

G. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bath rooms, bathtubs, 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.

H. All walls, ceilings, floors and other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition.

I. All massage tables shall be at least two feet away from any wall at all times.

J. Comply with all planning, building and other applicable codes and regulations.

(Ord. 29662.)

No massage business shall be open for business without having at least one massage therapist who holds a valid massage therapist certification from CAMTC present on the premises during all business hours.

(Ord. 29662.)

It shall be unlawful for a person to perform massage at a hotel or motel that does not have a business permit issued pursuant to this chapter.

(Ord. 29662.)

It shall be unlawful to perform massage on any client at any place of business that does not have a business permit unless:

A. The place of business is an office regularly occupied by the client for business purposes;

B. The client is the business owner, operator or an employee of the business; and

C. The massage is performed by a massage therapist who is employed by an off-premises massage business that holds a valid business permit.

(Ord. 29662.)

A. It shall be unlawful for any massage therapist to be present on the premises of a massage business or work for an off-premises massage business, or to otherwise perform massage on a client without having prominently displayed his or her CAMTC certification card issued by the CAMTC.

B. The identification card shall be prominently displayed on the outermost garment at approximately chest height.

C. The personal identification card shall be in good and readable condition at all times.

D. A massage therapist shall only provide massage under the name specified in his or her CAMTC certificate.

(Ord. 29662.)

Any massage business signs shall be in conformance with the current ordinances and regulations of the city.

(Ord. 29662.)