San Ramon Municipal Code Art. 2 Massage Establishments

A. No establishment shall offer massage services without having first obtained a city massage establishment permit in accordance with the provisions of this chapter. B. A separate city massage establishment permit must be obtained for each branch location where massage services are carried out. C. Permit Duration and Renewals. 1. The massage establishment permit shall be valid only for the amount of time a permittee is CAMTC certified up to a maximum of two years. However, if the permittee is not CAMTC certified, then the massage establishment permit shall be renewed every year. 2. An applicant may apply for a renewal of a permit thirty days prior to the expiration of the permit. If, upon the thirty-first day after the expiration of a permit, an application of renewal has not been received, the permit shall be deemed expired. Any permit issued under this chapter shall be returned to the chief of police within forty-eight hours of its expiration. No privilege to provide massage shall exist until an application for renewal has been granted. After a permit expires, a new application may be filed. 3. Permits may be renewed by filing an application for renewal under penalty of perjury updating information in the original application provided to the chief of police.

City of San Ramon, CA | Municipal Code 252

4. To renew a permit under this chapter, the applicant shall pay the city a nonrefundable fee, pursuant to Section B7-192 of this chapter, in an amount set forth by resolution established by the city council. A copy of the receipt for the nonrefundable fee shall accompany the application for renewal. 5. After investigating the application for renewal, the chief of police shall renew the permit if the applicant continues to meet the requirements for the issuance of a permit and none of the grounds for denial of a permit set forth in this chapter exist. The chief of police shall renew the permit within thirty days of such request if the information upon which the original application was granted remains unchanged and no violations of this chapter have been committed.

D. No temporary permits will be issued. E. Permits required under this chapter shall be in addition to any other license, permit, or requirement required under federal, state, or city law or regulation. A permit issued under this chapter does not authorize the applicant to practice massage until the applicant has complied with all business license requirements, zoning/planning requirements, and all other applicable federal, state, and city laws or regulations. F. There shall be no changes of name or location, or expansion of the building without the approval and receipt of a new permit from the permit administrator. 1. No applicant shall operate under any name or conduct any massage establishment under any designation or location not specified in the permit. 2. In the case of any proposed change of name, notification thereof shall be made to the permit administrator within thirty days prior to the change. Any proposed change of name is subject to the approval of the permit administrator. 3. Any proposed change of location of a massage establishment is subject to the approval of the permit administrator, in addition to compliance with all city ordinances and regulations. 4. Any application for an expansion of a building of a massage establishment shall require compliance with this chapter and any applicable state and local ordinances and regulations, including but not limited to, building codes. 5. In case of any change of location or expansion of the massage establishment, inspection thereof by the city's building department and San Ramon Valley Fire Protection District shall be made as required in this chapter within thirty days of receipt of the application. G. Cessation of Business. 1. If at any time during the duration of a permit issued under this chapter, an applicant ceases to do business as a massage establishment and/or a massage therapist, the applicant shall: a. Return any permit issued under this chapter to the chief of police within five business days; and b. Notify the business license department. (Ord. No. 480, § 1, 8-28-2018)

An application for a massage establishment permit shall be submitted to the permit administrator on forms provided by the permit administrator. Such forms shall require submission of the following information and/or documentation under penalty of perjury: A. The exact nature of the massage to be administered, the proposed place of business and facilities therefor, and the name and address of the applicant. The application shall include the name and street address of the owner and lessor of the real property on which the massage establishment

City of San Ramon, CA | Municipal Code 253

is operated. In the event the applicant is not the legal owner of the property on which the massage establishment is located, the application shall be accompanied by a copy of the lease and an acknowledgement from the owner of the property that a massage establishment is located on the property; B. The two previous addresses immediately prior to the present address of the applicant; C. Written proof that the applicant is at least eighteen years of age; D. Applicant's height, weight, color of eyes and hair; E. Business, occupation, or employment of the applicant for the three years immediately preceding the date of application; F. The massage or similar business license history of the applicant; whether such person, in previously operating in this or another city, county or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation; G. Proof of an unexpired business license or proof of current application for business license in the city; H. All criminal convictions except minor traffic violations and any criminal charges pending against the applicant at the time of submission of the application, other than misdemeanor traffic citations, including the name and address of the court in which the charge is pending and any applicable case numbers; I. A criminal background check, including but not limited to, fingerprinting of a non-CAMTC certified massage establishment applicant; J. Presentation of an original driver's license or other state issued identification card to Permit Administrator for review and copying; K. A statement whether the applicant has failed to pay any judgment arising from or connected with the activities that would be authorized by the permit; L. Such other identification and information as deemed necessary by the permit administrator; M. All massage establishments must demonstrate liability insurance coverage in the minimum amount of two million dollars per occurrence at all times when performing massage activities. The coverage must be held in the name of the massage establishment; and N. All massage establishments that have any combination of two or more employees and/or massage therapists must tender proof of valid workers' compensation insurance that shall be effective at all times throughout the duration of the massage establishment permit. (Ord. No. 480, § 1, 8-28-2018)

No city massage establishment permit shall be issued hereunder until the appropriate fee has been paid. The fee shall include reasonable and direct costs for processing, administration and regulation of the massage establishment permit by the permit administrator, including but not limited to, performance of routine inspections pursuant to Section B7-205 of this chapter and review and processing of massage therapist registration pursuant to Article 3 of this chapter. The fee for a city massage establishment shall be as established by the city council by resolution. (Ord. No. 480, § 1, 8-28-2018)

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The permit administrator shall issue or deny the application for a massage establishment permit within sixty calendar days of a completed application. When necessary, the permit administrator may extend the time to issue or deny the permit, and may request supplementary material from the applicant. (Ord. No. 480, § 1, 8-28-2018)

A. The permit administrator shall deny the permit if he/she finds any of the following to exist: 1. The application is incomplete and/or required supplementary material is not submitted within thirty calendar days of the date the material is requested; 2. The applicant does not have sufficient proof of the required CAMTC certification requirements pursuant to Section B7-201 of this chapter; 3. The applicant submitted information in or with the application that is not true; or made a material misstatement or omission in the application or in a previous application; 4. The operation as proposed by the applicant would not comply with the provision of this chapter or any other ordinance or regulation of the city or any statute or regulation of the State of California, including, but not limited to, the city's building, health, and fire safety ordinances; 5. The operation as proposed would be detrimental to the public peace, health, safety, morals or welfare or to neighboring property; 6. That the proposed name of the business for the establishment suggests that the establishment will offer or practice any service or activities proscribed under the provisions of this chapter; 7. The applicant has previously had a massage establishment permit, massage therapist permit, or any similar license, certificate, or permit revoked by the city or any public agency; 8. That another massage business which operated in the same location as the one the applicant is proposing to conduct a massage business had its permit revoked within the last five years; 9. The applicant has been successfully prosecuted under the Red Light Abatement Act (California Penal Code Section 11225 et seq., as amended) or any similar law in another jurisdiction; 10. The applicant has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to California Penal Code Sections 11225 et seq. or any similar provisions of law in a jurisdiction outside the state; or 11. During the seven years preceding the date of the application, the applicant or any person who would be directly engaged in the management and operation of the massage establishment has been convicted of, or entered a plea of guilty or no contest to, any of the following offenses or convicted of an offense outside of the State of California that would have constituted any of the following offenses if committed within the State of California: a. An offense involving the use of force and violence upon the person of another that amounts to a felony; b. An offense involving sexual misconduct or an offense involving conduct which requires registration under California Penal Code Section 290, as amended; c. Conduct which is in violation of California Penal Code Sections 220, 245.3, 245.5, 261, 264.1, 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 286, 288, 289, 314, 315, 316, 318, 647(a), 647(b), 647(d), or 653.22, as amended; d. Crimes that are designated in California Government Code Section 51032, as amended; e. Any other crime involving theft of property or fraud related offenses; City of San Ramon, CA | Municipal Code 255

f. Any other crime involving dishonesty, fraud, deceit, violence, or moral turpitude; g. Conspiracy or attempt to commit any of the aforementioned designated offenses in this section; h. Violation of California Penal Code Section 415 as a result of an arrest for violation of Penal Code Section 647(b), or any lesser included or related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes, or any crime committed while engaged in the ownership of a massage establishment or the practice of massage therapy; i. Violation(s) of a Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code Sections 11054, 11055, 11056, 11057, 11058, 11351, 11352, 11358 through 11363 or 11378 through 11380 or equivalent offenses under the laws of another jurisdiction, even if expunged pursuant to Penal Code Section 1203.4; or j. Convictions that have been expunged and convictions under the laws of other jurisdictions which proscribe the same or similar conduct as therefore designated crimes shall be reported. B. If an applicant is denied a permit based on a violation of subsections (A)(3), (A)(4) or (A)(5) above, applicant may not re-apply for a massage establishment permit for the same exact site within the city. C. If an applicant is denied a permit based on a violation of subsections (A)(7), (A)(9), (A)(10) or (A)(11) above, applicant may not apply for a massage establishment permit for any site located within the city for a period of seven years beginning from the date of permit denial. D. If there is an arrest and prosecution is pending against the applicant either for conduct listed in this Section B7-194 or for conduct violating this chapter's provisions, the permit administrator may postpone decision on the application until the final resolution of the prosecution. As used in this subsection, "prosecution" means charges filed by the district attorney, administrative proceedings brought by a local government or agency, or a civil or administrative action maintained by any city, county, state, or federal government or agency. E. The permit administrator may postpone decision on a license or permit application until the city of San Ramon receives the applicant's fingerprint review results from the California Department of Justice. F. The permit administrator shall give written notice of the grounds for denial to the applicant personally or by first class mail, postage prepaid, at the address provided in the application. The notice shall advise the applicant of the right to appeal the decision. G. Appeal of Permit Denial. The decision of the permit administrator to deny an application for a massage establishment permit may be appealed by filing a written notice of appeal with the city clerk within ten business days following denial of the application. A hearing on the appeal shall follow the procedure set forth in DIVISION A1 of this code, except that the city manager or his/her designee shall conduct the hearing and such hearing shall be based upon a preponderance of the evidence standard of review. The decision of the city manager or his/her designee shall be final. (Ord. No. 480, § 1, 8-28-2018)

Every massage establishment permit issued pursuant to the provisions of this chapter shall at all times be displayed in an open and conspicuous place within the massage establishment. (Ord. No. 480, § 1, 8-28-2018)

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Any city massage establishment permit issued pursuant to this chapter may be suspended immediately by the Permit Administrator and subsequently revoked by the Permit Administrator after a hearing, where it is found by clear and convincing evidence that any of the following have occurred: A. Finding of Violation. 1. The permittee, or any person employed or retained by the massage establishment, has been found to have violated any provision of this chapter; or 2. The permittee has engaged in conduct, or operated a massage establishment, or has engaged in conduct as a massage therapist, in a manner which violates this chapter, any conditions of the permit, or any of the laws which would have been grounds for denial of the permit; B. Prohibited Conduct. The permittee, or any person employed or retained by the massage establishment, has been convicted in a court of competent jurisdiction of having violated, or has engaged in conduct constituting a violation of, any of the following: California Penal Code Section 220, 245.3, 245.5, 261, 264.1, 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 286, 288, 289, 314, 315, 316, 318, 647(a), 647(b), 647(d), or 653.22, or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the State of California that is the equivalent of any of the aforesaid offenses; C. Registration under California Penal Code Section 290. The permittee or any person employed or retained by the massage establishment is required to register under Section 290 of the California Penal Code as a result of conduct while working in or for the massage establishment; D. Nuisance Injunction. The permittee has been subject to a permanent injunction against the conducting or maintaining of a nuisance pursuant to this code, or Sections 11225 through 11235 of the California Penal Code, or any similar provision of law in any jurisdiction outside the State of California; E. Fraud or Misrepresentation. The permittee, or any person employed or retained by the massage establishment, has engaged in fraud or misrepresentation or has knowingly made a misstatement of material fact while working in or for the massage establishment; F. Operation during Suspension. The permittee has continued to operate the massage establishment after the city massage establishment permit or establishment registration certificate has been suspended; G. Massage without Certification. Massage has been performed on the premises, with or without the permittee's actual knowledge, by any person who is not a duly authorized certified massage therapist or who is not explicitly exempted under Section B7-218 of this chapter; H. Prohibited Acts. There have been one (1) or more acts prohibited under California Penal Code Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22 taking place on the premises, whether or not any criminal prosecution has been pursued or conviction obtained for such acts, and whether or not they occurred with or without the actual knowledge of the permittee; I. Sexual Touching. The permittee or any person employed or retained by the massage establishment or any other person on the premises of the massage establishment has engaged in conduct or committed acts that a reasonable person in a patron's position would understand as an offer to perform on or engage in with the patron acts that are sexual in nature or that involve touching of the patron's genitals, pubic area, anus, and areola; J. Activity conducted in an Unlawful Manner. An activity authorized in the permit has been conducted in an unlawful manner or in such a manner as to constitute a menace to the health, safety, or general welfare of the public;

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K. Conduct without regard for Public Health or Safety. Upon a recommendation from the city and/or county officials, which states that such business is being managed, conducted, or maintained without regard for public health or public safety; L. Negligent Supervision. The permittee failed to provide adequate supervision of the massage establishment, resulting in a pattern of at least three (3) violations of this code or state or federal law; M. Failure to comply with Civil Code Section 52.6. The permittee failed to comply with Civil Code Section 52.6, as amended, requiring the massage establishment to post a legal notice related to slavery and human trafficking; or N. Failure to comply with Section B7-205 (Massage establishment inspections). The permittee failed to comply with section B7-205 of this chapter and refused entry of a police department representative for a massage establishment inspection. (Ord. No. 480, § 1, 8-28-2018; Ord. No. 493, § 1, 10/22/2019)

Effective on: 11/21/2019

procedure. A. Effect. The permit administrator may immediately suspend a massage establishment permit for any of the reasons listed in B7-196; however, no massage establishment permit shall be revoked without a hearing. 1. During such suspension period that occurs as a result of the permit administrator's immediate suspension of the permit, the permit shall be temporarily null and void, and the business operation and all services provided within such establishment shall be prohibited until such time a hearing is performed and a decision on the status of the permit is made. 2. A change of ownership of the operator of the massage establishment shall not affect the suspension or revocation of the permit. B. Hearing Procedure. 1. Written Notice Required. The permit administrator shall give the permittee at least ten) business days' written notice of the alleged grounds for revocation or suspension and shall conduct a hearing in the matter of whether the permit shall be revoked or further suspended. The permittee shall be afforded reasonable opportunity to show cause why the permit should not be suspended or revoked. The hearing shall be conducted at least ten business days from the date of written notice, unless the parties agree to a shorter time frame, which shall be provided in the following manner: a. Service of Notice and Order. All notices shall be posted on the property and also served upon the record owner and any tenant. A copy of the notice shall also be served on each of the following if known to the Permit Administrator or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance; the owner or holder of any lease; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the permit administrator to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served to relieve any such person from any duty or obligation imposed by the provisions of this section. b. Method of Service. Service shall be made upon all persons entitled thereto either personally or by mailing a copy by first class U.S. mail to each such person at their address as it appears on the last equalized assessment roll of the county or as known to the permit administrator. If no address of any such person appears or is known to the permit administrator, then a copy shall be mailed to the address of the parcel of land City of San Ramon, CA | Municipal Code 258

involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service shall be effective on the date of the mailing. c. Proof of Service. At the time of service, each person affecting service shall complete a written declaration under penalty of perjury, which declares the time, date and manner in which service was made. The declaration shall be affixed to the copy of the notice and order retained by the permit administrator. 2. Evidence. The permit administrator shall consider all evidence at the hearing. The hearing may, after being commenced within the time specified pursuant to subsection A of this section, be continued for good cause by the permit administrator from time to time. The permit administrator shall, at the conclusion of the hearing, make findings of fact based upon the evidence submitted and shall decide whether or not the permit or certificate shall be revoked or suspended. 3. Notice of Decision. The permit administrator's written notice of decision shall be served on the permittee, within thirty business days of the conclusion of the hearing, in the manner provided in subsection (A)(2) of this section, and, in the case of a revocation or suspension, such notice of decision shall indicate the appeal procedures as set forth hereinafter in section B7-199 of this chapter. (Ord. No. 480, § 1, 8-28-2018)

No permit issued pursuant to the provisions of this Chapter is transferable to any other person or location. (Ord. No. 480, § 1, 8-28-2018)

A. File a Written Notice. A permittee may appeal any action or determination of the permit administrator under the provisions of this chapter to the city manager pursuant to the provisions of DIVISION A1 except that a permittee shall be required to file a written notice of appeal and request for a hearing with the city clerk not later than ninety-six hours after the delivery of any written notice given by the permit administrator. B. Effect of Revocation When Notice of Appeal is Filed. The effect of revocation of a permit shall be suspended by the filing of a notice of appeal until the determination of the appeal by the city manager or his/her designee. C. Hearing and Final Decision. A hearing on the appeal may be conducted by the city manager or a hearing officer designated by the city manager. The decision of the city manager or, if designated by the city manager, the hearing officer shall be final. D. Burden of Proof. Unless otherwise specifically prohibited by law, the burden of proof is on the appellant in any hearing or other matter under this chapter. (Ord. No. 480, § 1, 8-28-2018)

A. Operational Requirements. Except as otherwise specifically provided in this chapter, the following operational requirements shall be applicable to all massage establishments located within the city: 1. No massage establishment shall be open for business between the hours of nine p.m. (9:00 p.m.) of one (1) day and seven a.m. (7:00 a.m.) of the following day. Massage begun any City of San Ramon, CA | Municipal Code 259

time before nine p.m. (9:00 p.m.) must nevertheless terminate at nine p.m. (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: (a) the parents or guardian of a patron who is a minor child may be present in the room with that minor child; (b) the minor child of a patron may be present in the room with the patron when necessary for the supervision of the child; and (c) 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 (1) duly authorized certified massage therapist or one (1) massage therapist as explicitly exempted under Section B7-218 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 massage establishment owner or manager, and no therapist or person employed or retained by the massage establishment, shall permit, offer or perform any service other than those posted and permitted under this chapter. 7. For a massage establishment in which the therapist, acupuncturist or esthetician is an employee, all services shall be paid for in the reception area, and all tips, if any, shall be paid in the reception area. For a massage establishment at which a therapist, acupuncturist or esthetician is an Independent Contractor, all massage services and all tips, if any, may be paid in the same room where the massage occurred, provided the door to the room is fully open. 8. For all employees employed or retained by the massage establishment who provide any service(s) that requires a state license or permit including, but not limited to, massage, acupuncture, and esthetician work, must provide a copy of their valid license(s) and/or permit(s) to the Permit Administrator prior to commencement of the service(s) at the massage establishment. Furthermore, a copy of the valid license(s) and/or permit(s) shall be on display in an open and conspicuous place at the massage establishment and shall be available to city staff upon inspection pursuant to Section B7-205. 9. No massage establishment may discriminate or exclude patrons on the basis of race, sex, religion, age or physical disability. 10. The use or possession of adult-oriented merchandise in or on any part of a massage establishment is expressly prohibited. 11. Condoms must not be kept or used for any purpose in the massage establishment. 12. Massage establishment personnel or any massage therapist must not inquire as to whether any client is a peace officer. 13. The "Notice To All Patrons" shall be conspicuously posted within the massage establishment as outlined in Section B7-205.

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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 (1) 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 prohibited. a. 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. b. 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 (1) individual with one (1) or fewer employees or Independent Contractors. 4. Lighting. Minimum lighting equivalent to at least one (1) 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 eighteen (18) inches. Beds, floor mattresses, and waterbeds are not permitted on the premises of the massage establishment, and 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. Recordings. a. No electrical, mechanical or artificial device shall be used by the operator and/or manager, massage therapist or any employee of the massage establishment for audio and/or video recording or for monitoring the performance of a massage therapy, or the conversation or other sounds in the massage rooms without the knowledge and written consent of the patron. b. Surveillance cameras, or video recording devices of any type, may be installed on the exterior of the massage establishment subject to the review and approval of the Permit Administrator. c. No video recording devices may be installed into rooms in which massage services will be rendered. 8. Building and Fire Codes. The massage establishment shall comply with all applicable state and local building standards (as adopted in DIVISION C1 and the fire code (as adopted in DIVISION C1)).

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9. Massage Establishment shall not be used as Living Quarters. No person(s) shall be allowed to live inside the massage establishment.

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 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 one hundred forty (140) degrees Fahrenheit for not less than fifteen (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. Toilet Facilities. Toilet facilities shall be located within the massage establishment or as close as practicable to the area devoted to performing of massage services and shall consist of at least one unisex toilet with lavatories or wash basins provided with soap and both hot and cold running water either in the toilet room or vestibule; 3. Wash Basin. 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. Soap and sanitary towels shall also be provided at each basin. 4. 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. 5. Sterilize Equipment. All equipment used in the massage establishment shall be maintained in a clean and sanitary condition. Instruments utilized in performing massage shall not be used on more than one client unless they have been sterilized, using standard sterilization methods. 6. 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. 7. Invasive Procedures. No invasive procedures shall be performed on any patron. Invasive procedures as defined in California Code of Regulations, Title 16, Section 991 (as amended) include, but are not limited to: (a) application of electricity that contracts the muscle; (b) penetration of the skin by metal needles; (c) abrasion of the skin below the nonliving, epidermal layers; (d) removal of skin by means of any razor-edged instrument or other device or tool; (e) use of any needle-like instrument for the purpose of extracting skin blemishes; and (f) other similar procedures. 8. 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 (1) patron, or shall be laundered after each use pursuant to subsection (C)(1) of this section. 9. 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 (1) patron, or shall be fully disinfected after each use. City of San Ramon, CA | Municipal Code 262

10. 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 (1) patron, or shall be fully disinfected after each use.
    11. Draping and Contact with Genitals. The patron's genitals, pubic area, anus, and female patron's breasts below a point immediately above the top of the areola must be fully draped at all times while any employee of the massage establishment is in the massage therapy 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, anus, or areola of a patron.
    12. 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 within the city, including, but not limited to, all persons who are employed or retained to practice massage: 1. Garments. All persons shall wear clean and sanitary outer garments at all times. All outer garments shall be of a fully opaque, nontransparent material and provide complete covering from at least the mid-thigh to two (2) inches below the collarbone. The midriff may not be exposed. 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. Except as provided under Section B7-218, each person employed or retained to perform massage in or on the premises shall 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. (Ord. No. 480, § 1, 8-28-2018; Ord. No. 493, § 2, 10/22/2019)

Effective on: 11/21/2019

Except as provided under Section B7-209, massage establishments within the city shall only employ CAMTC certified massage therapists. Certification as a certified massage therapist, or if exempt under Section B7-218 then a copy of their City Registration, must be posted in an open and conspicuous place within the massage establishment. (Ord. No. 480, § 1, 8-28-2018; Ord. No. 493, § 3, 10/22/2019)

Effective on: 11/21/2019

City of San Ramon, CA | Municipal Code 263

No permittee shall employ either as a massage therapist or other employee any person under the age of eighteen years. (Ord. No. 480, § 1, 8-28-2018)

Every permittee shall keep a daily register, approved as to form by the permit administrator, of all patrons, with names and addresses, hours of arrival, name of therapist(s) assigned to provide service(s) to each patron, and the rooms or cubicles assigned, if any. The daily register shall at all times during business hours be subject to inspection by the permit administrator, and shall be kept on file for one (1) year. (Ord. No. 480, § 1, 8-28-2018)

No massage establishment granted a permit under the provisions of this chapter shall place, publish or 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 patrons that any service is available other than those services described in Section B7-182 ("Massage"), nor shall any massage establishment indicate in the text of such advertising that any service is available other than those services described in Section B7-182 ("Massage"). (Ord. No. 480, § 1, 8-28-2018)

A. The permit administrator and the county health department, or their authorized representatives, shall have the right to enter any massage establishment at any time during regular business hours to make reasonable unscheduled inspections to observe and enforce compliance with applicable regulations, laws, and provisions of this chapter. During an inspection, the police department may also verify the identity of all employees. B. A "Notice To All Patrons" provided by the permit administrator to the permittee shall be posted in an open and conspicuous location within the massage establishment and inside each massage room so that such notice is easily visible to any person, and shall include, at minimum, the following language: "CITY OF SAN RAMON NOTICE TO ALL PATRONS THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY THE SAN RAMON POLICE DEPARTMENT WITHOUT PRIOR NOTICE" C. An operator, manager, their agents, servants or employees commits a punishable offense, including but not limited to revocation or suspension of the massage establishment permit, if he or she refuses entry, delays or interferes with a lawful inspection of the premises by a representative of the police department at any time it is occupied or open for business. D. The massage establishment shall take immediate action to correct each violation noted by the permit administrator. A re-inspection will be performed within thirty business days to ensure that each violation noted by the permit administrator has been corrected. (Ord. No. 480, § 1, 8-28-2018)

City of San Ramon, CA | Municipal Code 264

No customer or client of a massage establishment shall massage a massage therapist, or any other person within a massage establishment. (Ord. No. 480, § 1, 8-28-2018)

A. Any person who wishes to engage in independent contractor massage services must comply with regulations of this chapter. B. Independent contractor massage services shall not include massage provided by any person licensed under Business and Professions Code Sections 2135 through 2139 (medicine), 2630 or 2639 (physical therapy), 2732.1, 2733 or 2742 (nursing), or under the Chiropractic Initiative Act of 1922. C. No person while conducting business as an independent contractor massage therapist outside of a massage establishment shall be in the possession of or under the influence of any alcoholic beverage or drugs. (Ord. No. 480, § 1, 8-28-2018)

It shall be the responsibility of the massage establishment permittee who employs or allows any person acting or purporting to act as a massage therapist, or the employer of any person acting or purporting to act as a massage therapist, to ensure that such person complies with the requirements of this chapter, the city's municipal code, and all state and federal laws. The massage establishment permittee shall be held responsible for the conduct of all persons on the premises who engage in providing the service of massage therapy or other service(s) allowed to be performed within the massage establishment under this chapter. Any act or omission of any person giving massage therapy, or any service of massage therapy, or any other service(s) allowed to be performed within a massage establishment under this chapter, shall be deemed the act or omission of the holder of the massage establishment permit for the purposes of determining whether the permit may be revoked, suspended, or denied. Proof of knowledge of any violation of this section shall not be required for purposes of denial, suspension, or revocation of a massage establishment permit. (Ord. No. 480, § 1, 8-28-2018)

A. A massage establishment permittee requesting an exemption to the CAMTC certification requirement stated in Section B7-201 must: 1. Provide documentary evidence to the satisfaction of the Permit Administrator demonstrating his/her massage therapist meets all of the following criteria: a. The massage therapist was actively working at the massage establishment at the time Ordinance 480 went into effect (i.e. September 27, 2018); b. The massage therapist was registered and in good standing with the Permit Administrator as of September 27, 2018; c. The massage therapist meets or exceeds all of the requirements for a CAMTC certification except for the requirement that a massage therapist successfully complete curricula in massage at a CAMTC approved school; d. The massage therapist did successfully complete curricula in massage at an out-of- country massage school; and e. The massage therapist applied for a CAMTC certification within one year after Ordinance 480 went into effect (i.e. September 27, 2019), but was denied or was City of San Ramon, CA | Municipal Code 265

unable to obtain a CAMTC certification solely due to the fact that he/she attended an out-of-country massage school. 2. Provide the Permit Administrator with a declaration under penalty of perjury from the massage establishment permittee that he/she will indemnify, defend and hold the City harmless against any and all claims related to or arising from the City’s exemption of their massage therapist from CAMTC certification under this chapter. (Ord. No. 493, § 4, 10/22/2019)

Effective on: 11/21/2019

B7-210 through B7-214. - Reserved.

(Ord. No. 493, § 4, 10/22/2019)

Effective on: 11/21/2019