San Leandro Municipal Code Art. 4 Requirements

(Legislative History: Ordinance No. 2016-008, 7/5/16)

(a) The inspector shall have the right to enter any massage establishment during regular business hours, without a search or inspection warrant, to make reasonable inspection to ascertain whether there is compliance with the provisions of this Chapter.

(b) The massage establishment operator shall take immediate action to correct each violation noted by the inspector. A re-inspection will be performed within 30 business days to ensure that each violation noted by the inspector has been corrected.

(a) Operational Requirements: Except as otherwise specifically provided in this Chapter, the following operational requirements shall be applicable to massage establishments located within the City:

(1) No massage establishment shall be open for business between the hours of 9:00 p.m. of one day and 7:00 a.m. of the following day. Massage begun any time before 9:00 p.m. must nevertheless terminate at 9:00 p.m. The hours of operation shall be displayed in a conspicuous public place in the reception area and in any front window clearly visible from outside of the massage establishment.

(2) Patrons and visitors shall be permitted in the massage establishment only during the hours of operation.

(3) Except for a patron who is inside a room for the purpose of receiving a massage, no patrons or visitors shall be permitted in or on the massage establishment premises at any time who are less than fully clothed in outer garments of nontransparent material, or who display or expose themselves in underclothing or similar intimate apparel.

(4) During the hours of operation, visitors shall not be permitted in massage rooms except as follows: (i) the parents or guardian of a patron who is a minor child may be present in the room with that minor child; (ii) the minor child of a patron may be present in the room with the patron when necessary for the supervision of the child; and (iii) the conservator, aid, or other caretaker of a patron who is elderly or disabled may be present in the room with that elderly or disabled person.

(5) During the hours of operation, patrons shall be permitted in massage rooms only if at least one duly authorized certified massage technician is present on the premises of the massage establishment.

(6) A list of services available and the cost of such services shall be posted in an open and conspicuous public place on the premises, or provided to patrons before services are rendered. The services shall be described in English and may also be described in such other languages as may be convenient. No operator shall permit, and no person employed or retained by the massage establishment shall offer to perform, any services or fees other than those posted.

(7) For all employees employed or retained by the massage establishment but who do not provide massage, the following documents shall be available to City staff upon inspection pursuant to Section 4-23-400: (i) for individuals over the age of 18 years old, a copy of a valid driver's license or identification card showing the employee's age; or (ii) for individuals under 18 years of age, a copy of a permit to employ or to work as required by California Labor Code Section 1299 and Education Code Section 49160.

(8) No massage establishment, including a massage establishment providing out-call massage, shall employ a certified massage technician who has had his or her CAMTC certification revoked or suspended pursuant to Business and Professions Code Section 4609 or 4610.

(9) No massage establishment, including a massage establishment providing out-call massage, shall engage in sexually suggestive advertising or permit a certified massage technician to engage in sexually suggestive advertising in violation of Business and Professions Code Section 4609(a)(1)(A).

(10) An operator shall notify CAMTC of any certified massage technicians that commit any violation of Business and Professions Code Section 4609(a) that occur while the certified massage technician is employed by the operator's massage establishment.

(11) Condoms, pornographic material and sexually oriented paraphernalia or novelty items must not be kept or used for any purpose in a massage establishment.

(b) Physical Facility and Building and Fire Code Requirements: Except as otherwise specifically provided in this Chapter, the following physical facility and building code requirements shall be applicable to all massage establishments located within the City:

(1) Front Door and Reception Area: One front door shall be provided for patron entry, which shall open to an interior patron reception and waiting area immediately inside the front door. All patrons and any persons other than individuals employed or retained by the massage establishment shall be required to enter and exit through the front door.

(2) Visibility: No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall 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.

(3) Locks: All interior doors, including rooms or cubicles in which massage occurs, but excluding individual dressing rooms and toilet rooms, shall be incapable of being locked and shall not be blocked to prevent opening. Draw drapes, curtain enclosures, or accordion-pleated closures in lieu of doors are acceptable on all inner rooms or cubicles. All entrance and exit doors on the premises of a massage establishment shall remain unlocked during business hours unless the massage establishment is a business entity owned by one individual with one or fewer employees or independent contractors.

(4) Lighting: Minimum lighting equivalent to at least one forty (40) watt light shall be provided in each room or cubicle in which massage is provided.

(5) Tables, Mats, and Beds: A massage table shall be used for all massage, with the exception of "Thai," "Shiatsu," and similar forms of therapy, which may be provided on a padded mat on the floor, provided the patron is fully attired in loose clothing, pajamas, scrubs, or similar style of garment. Massage tables shall have a minimum height of 18 inches. Beds, floor mattresses, and waterbeds are not permitted on the premises of the massage establishment. These restrictions shall not apply to limit specific massage techniques recognized by CAMTC as legitimate. No massage establishment shall be used for residential or sleeping purposes.

(6) Lockers: All locker facilities that are provided for the use of patrons shall be fully secured for the protection of the patrons' valuables, and each patron shall be given control of the key or other means of access.

(7) Building and Fire Codes: The massage establishment shall comply with all applicable State and local building standards (as adopted in Chapter 7-5 of this Code) and the fire code (as adopted in Chapter 3-3 of this Code).

(c) Health and Safety Requirements: Except as otherwise specifically provided in this Chapter, the following health and safety requirements shall be applicable to all massage establishments including massage establishments that provide out-call massage, as applicable, located within the City:

(1) Towels and Linens: The massage establishment shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens, and all massage tables shall be covered with a clean sheet or other clean covering for each patron. After a towel, covering, or linen has been used once, it shall be deposited in a closed receptacle and not used again until properly laundered and sanitized. Towels, coverings, and linens shall be laundered either by regular commercial laundering, or by a noncommercial laundering process that includes immersion in water at least 140 degrees Fahrenheit for not less than 15 minutes during the washing or rinsing operation. Clean towels, coverings, and linens shall be stored in closed, clean cabinets when not in use.

(2) Cleaning and Disinfecting: All rooms or cubicles, wet and dry heat rooms, toilet rooms, shower compartments, hot tubs, and pools shall be thoroughly cleaned and disinfected as needed, and at least once each business day when the premises are open and such facilities are in use. All bathtubs shall be thoroughly cleaned and disinfected after each use.

(3) Liquids, Creams, and Powders: All liquids, creams, or other preparations used on or made available to patrons shall be kept in clean and closed containers. Powders may be kept in clean shakers. All bottles and containers shall be distinctly and correctly labeled to disclose their contents. When only a portion of a liquid, cream, or other preparation is to be used on or made available to a patron, it shall be removed from the container in such a way as not to contaminate the remaining portion.

(4) Invasive Procedures: No invasive procedures shall be performed on any patron. Invasive procedures include, but are not limited to: (i) application of electricity that contracts the muscle; (ii) penetration of the skin by metal needles; (iii) abrasion of the skin below the nonliving, epidermal layers; (iv) removal of skin by means of any razor-edged instrument or other device or tool; and (v) use of any needle-like instrument for the purpose of extracting skin blemishes; and (vi) other similar procedures.

(5) Garments Provided to Patrons: All bathrobes, bathing suits, and/or other garments that are provided for the use of patrons shall be either fully disposable and not used by more than one patron, or shall be laundered after each use pursuant to subsection (c)(1) of this section.

(6) Combs and Brushes: All combs, brushes, and/or other personal items of grooming or hygiene that are provided for the use of patrons shall be either fully disposable and not used by more than one patron, or shall be fully disinfected after each use.

(7) Footwear: No patrons shall be allowed to use any shower facilities of the massage establishment unless such patrons are wearing slip-resistant sandals or flip-flops while in the shower compartment. All footwear such as sandals or flip-flops that are provided for the use of patrons either shall be fully disposable and not used by more than one patron, or shall be fully disinfected after each use.

(8) Draping and Contact with Genitals: The patron's genitals, pubic area, anus, and areola must be fully draped at all times while any individual employed or retained by the massage establishment to practice massage, or any other employee or operator, is in the room or cubicle with the patron. No massage shall be provided to a patron that results in intentional contact, or occasional and repetitive contact, with the genitals, pubic area, anus, or areola of a patron.

(9) Alcohol: No alcoholic beverages shall be sold, served, or furnished to any patron; nor shall any alcoholic beverages be kept or possessed on the premises of a massage establishment.

(d) Attire and Hygiene: The following attire and physical hygiene requirements shall be applicable to all employees, and any other persons who work permanently or temporarily on the premises of a massage establishment or while performing out-call massage, as applicable, within the City, including, but not limited to, all persons who are employed or retained to practice massage:

(1) Garments: All persons shall comply with the dress requirements specified in Business and Professions Code Section 4609(a)(10) while providing massage.

(2) Exposure: No operator, employee, or visitor shall, while on the premises of a massage establishment, and while in the presence of any patron, customer, employee or visitor, expose his or her genitals, buttocks, or chest.

(3) Clean Skin: All persons shall thoroughly wash their hands with soap and water or any equally effective cleansing agent immediately before providing massage. No massage shall be provided upon a surface of the skin or scalp of a patron where such skin is inflamed, broken (e.g., abraded or cut), or where a skin infection or eruption is present.

(e) Display of Permits and Certifications: Each massage establishment shall require any person employed or retained to perform massage in or on the premises to display on his or her person a copy of the valid photograph-bearing identification card issued to that employee by the CAMTC. A copy of each such identification card shall also be displayed in an open and conspicuous place visible from the entrance and/or reception and waiting area of the massage establishment. The home address of any employee need not be displayed.

No person permitted to operate a massage establishment under this Chapter shall operate under any name or conduct business under any designation not specified in the operator permit and City business license. Upon a change of location where there is no change of ownership, an application for an amended operator permit shall be made to the Permit Administrator, and such application shall be granted, provided all applicable provisions of this Code are complied with as to the new location.

Upon a sale or transfer of any massage establishment, or upon the sale or transfer of some or all of the interest of any massage establishment owner to a person who is not already an owner, a new operator permit shall be required.

(a) Compliance with this Chapter shall be monitored by the Police Department. The City may designate any number of additional persons to monitor compliance with this Chapter.

(b) Compliance checks shall be conducted so as to allow the Police Department to determine, at a minimum, if the massage establishment is conducting business in a manner that complies with this Chapter.