Santa Clara County Municipal Code Div. B22 Massage Establishments, Massage Therapists, and Massage Practitioners

Footnotes:

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Editor's note— Ord. No. NS-516.5, adopted November 16, 2021, amended Div. B22 in its entirety to read as herein set out. Former Div. B22 pertained to the same subject matter, and derived from Ord. No. NS-516.4, adopted October 6, 2015.

In enacting this Division, the Board of Supervisors recognizes that massage is a valuable professional field offering the public valuable health and therapeutic services. The Board of Supervisors further recognizes that unless properly regulated, the practice of massage and the operation of massage establishment may be associated with unlawful activity, pose a threat to the quality of life in the community, and enable commercial sexual exploitation and human trafficking. Therefore, it is the purpose and intent of this Division to regulate massage establishments and practices in order to protect the public health, safety, and welfare. Specifically, the regulations in this Division are intended to reduce or prevent blight, protect and preserve the quality of commercial and residential properties, protect and preserve the quality of life in the unincorporated county, deter criminal activity, enhance enforcement of criminal statutes, and prevent commercial sexual exploitation and human trafficking.

(Ord. No. NS-516.5, § 1, 11-16-21)

This Division shall not apply to the following establishments or classes of persons:

(a) Individuals practicing massage as an ancillary service within the scope of their license to perform services as a barber, cosmetologist, esthetician, manicurist, electrologist, apprentice, barber instructor, or cosmetology instructor licensed under the California Barbering and Cosmetology Act (Business and Professions Code, § 7301 et seq.).

(b) Individuals practicing massage as an ancillary service within the scope of their license to practice any healing art under the provisions of Division 2 of the California Business and Professions Code (Business and Professions Code, § 500 et seq.) and any person working directly under the supervision of such licensed person. "Working directly under the supervision" means that the person is an employee of the licensed person, has their work supervised by the licensed person, is providing massage at the direction and in the presence of the licensed person, and is providing massage within the scope of the licensed person's license. This exemption shall not apply if massage is provided to a person for whom the licensed person does not provide professional services.

(c) Accredited high schools, junior colleges, and colleges or universities providing massage via coaches and trainers acting within the scope of their employment.

(d) Trainers of amateur, semi-professional, or professional athletes or athletic teams, while engaging in their training responsibilities for and with athletes; and trainers working in conjunction with a specific athletic event such as an outdoor road or bike race.

(e) Hospitals, nursing homes, or any other healthcare facilities duly licensed by the State of California.

(Ord. No. NS-516.5, § 1, 11-16-21)

For the purposes of this Division, unless the context clearly requires a different meaning, the words, terms, and phrases set forth in this Section shall have the meanings given to them in this Section.

(a) California Massage Therapy Council or CAMTC means the California Massage Therapy Council created pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code.

(b) Certified Massage Therapist or CMT means a person who holds a current and valid CAMTC certification as a massage therapist.

(c) Certified Massage Practitioner or CMP means a person who holds a current and valid CAMTC certification as a massage practitioner.

(d) Director means the County's Public Health Officer or designee.

(e) Establishment permit means a written document issued by the Director authorizing the holder to engage in the business of providing massage for compensation.

(f) For compensation means the exchange of massage for money, goods, or services. An establishment or person cannot avoid the requirements of this Division by offering free massage in conjunction with other services or goods provided for compensation.

(g) Massage means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or any other parts of the body, or with the aid of any mechanical or electrical apparatus or other appliances or devices, with or without the use of oils, creams, tonics, lotions, antiseptics, tanning products, or other similar preparations. Massage shall further include baths, aromatherapy, vapor, shower, electric tub, sponge, hot towels, sauna, steam, or any other type of bathing activity where the essential nature of the service involves any method of pressure or friction against, or stimulating the external parts of the human body with the hands or any other parts of the body or devices.

(h) Massage establishment means a business that employs, contracts with, or otherwise facilitates or arranges for any person, firm, association, partnership, corporation, or other entity to provide massage for compensation.

(i) Operator means any person who operates and is responsible for the day-to-day activities of a massage establishment.

(j) Owner means any individual who has any direct or indirect ownership interest in a massage establishment.

(Ord. No. NS-516.5, § 1, 11-16-21; Ord. No. NS-300.1002, § 65, 10-21-25)

(a) No person, firm, association, partnership, corporation, or other entity shall have an ownership interest in or operate a massage establishment without first obtaining an establishment permit from the Director.

(b) Except as provided in Section B22-2, no person other than a Certified Massage Therapist or a Certified Massage Practitioner shall provide massage for compensation.

(c) Except as provided in Section B22-2, no person, firm, association, partnership, corporation, or other entity shall employ any person other than a Certified Massage Therapist or Certified Massage Practitioner to provide massage for compensation.

(Ord. No. NS-516.5, § 1, 11-16-21)

The premises and the property on which the massage establishment is located shall conform with all applicable land use and zoning requirements. New massage establishments shall be approved through the architecture and site approval procedure, per Chapter 5.40 of the Zoning Ordinance, including new massage establishments in a commercial or medical office building where other permitted massage establishments may exist, and changes of location within an existing building where the new location does not contain an existing permitted massage establishment.

To the extent that a massage establishment facilitates or arranges for massage to be provided solely at a client's location rather than at a fixed location, the massage establishment shall not be subject to the requirements of this Section B22-5.

(Ord. No. NS-516.5, § 1, 11-16-21)

Written application for an establishment permit required by this Division and any renewal thereof shall be filed with the Director. Such application shall be accompanied by a fee as prescribed by the Board of Supervisors. If applicable, such application shall also be accompanied by proof of a current and valid architecture and site approval by the County, compliance with the County Building Code, and a health and sanitation approval from the County. Such application shall be signed by the applicant under penalty of perjury under the laws of the State of California.

The following personal information concerning the applicant, if the applicant is an individual; and concerning each stockholder, officer, and director, if the applicant is a corporation; and concerning each partner, including limited partners, if the applicant is a partnership; and concerning each owner or co-owner of the massage establishment; and concerning the operator of the massage establishment; shall be provided as part of the application:

(a) Full legal name, other names used, present residential and business addresses, telephone numbers, birth date, and driver's license number of applicant.

(b) The two previous residential addresses immediately prior to the present residential address of the applicant, and the dates of residence at each.

(c) Business, occupation, and employment history of the applicant for the five years immediately preceding the date of the application.

(d) Proof that the applicant is over the age of 18 years (e.g., photocopy of California driver's license, California I.D., or U.S. passport).

(e) A listing and general explanation of any arrests or convictions for any felonies or misdemeanors, as well as any pending felony or misdemeanor criminal prosecutions.

(f) Fingerprints and two portrait photographs (at least two inches by two inches) of the applicant.

(g) A statement of whether the applicant has ever had an ownership interest in, operated, or been employed by any business which has been the subject of an abatement proceeding under the California Red Light Abatement Act (California Penal Code, §§ 11225—11235) or any abatement laws in other jurisdictions.

(h) A statement of whether the applicant has ever had a massage establishment or other business permit or license, or professional license or certification, denied, suspended, revoked, or restricted; the reason(s) for such denial, suspension, revocation, or restriction(s); the date of such denial, suspension, revocation, or restriction(s); and the entity that issued the denial, suspension, revocation, or restriction(s).

(i) A statement, prepared by the County and signed by the applicant, attesting that the applicant and any other owners and operators of the massage establishment are responsible and jointly and severally liable for all violations of this Division, including any violations committed by the massage establishment's Certified Massage Therapists or Certified Massage Practitioners.

(j) Such further information as may be required by the Director.

Notwithstanding the foregoing and as set forth in Government Code section 51034, subdivision (c)(8), applicants who are Certified Massage Therapists or Certified Massage Practitioners shall not be subject to any background check, including a criminal background check or submission of fingerprints for a federal or state criminal background check.

In addition to that information required in (a) through (j) above, an applicant for an establishment permit shall also provide that information required in (k) and (l) below, under penalty of perjury under the laws of the State of California:

(k) A statement that the applicant:

(1) Owns the premises where the massage establishment shall be located;

(2) Leases such premises, in which event the name, address, and telephone number of the owner of the premises shall be specified and the date and term of the lease shall be set forth; or

(3) Provides massage services solely wherever clients are located and does not have a fixed place of business for the massage establishment.

(l) The name under which, and address where, the applicant proposes to operate a massage establishment and the assessor's parcel number for such property. If the massage establishment does not employ, contract with, or otherwise facilitate or arrange for individuals to provide massage services at a fixed location, the massage establishment shall provide the address of its principal place of business. The applicant shall also provide the street address where the applicant conducted any business providing massage, relaxation, spa, towel wraps, baths, health treatments, or tanning services within any of the ten years immediately preceding the date of the application, and the name under which such similar business was conducted.

(Ord. No. NS-516.5, § 1, 11-16-21)

Every holder of an establishment permit required by this Division shall apply annually for renewal of the establishment permit to the Director. Information provided for the annual renewal application shall be verified by the applicant under penalty of perjury under the laws of the State of California. The annual renewal application shall include an update on any and all information set forth on the initial application and the annual renewal fee as prescribed by the Board of Supervisors. The permittee shall submit the written application for renewal within the time prescribed by the Director prior to the establishment permit expiration date. If the permittee fails to timely submit the application, fails to timely provide the updated information, or fails to timely pay the renewal fee, then the underlying establishment permit shall be null and void on the expiration date stated on the establishment permit.

(Ord. No. NS-516.5, § 1, 11-16-21)

The non-refundable fees for each new establishment permit or renewal of such permit, payable to the County at the time the application or renewal application is submitted, shall be in accordance with the most recently adopted Board of Supervisors fee schedule, and shall cover the costs of administering the establishment permit program.

(Ord. No. NS-516.5, § 1, 11-16-21)

The Public Health Department may investigate the background of an applicant for any establishment permit or renewal thereof and shall review any application for an establishment permit or renewal thereof for health and sanitary conditions. The Director shall refer any application for an establishment permit or renewal thereof to the Building Inspection Office for review of fire hazard and life safety and to the Planning Office to ensure compliance with applicable zoning and permitting requirements. The Director may also refer an application for any establishment permit or renewal thereof to any other person, entity, or agency deemed appropriate.

(Ord. No. NS-516.5, § 1, 11-16-21; Ord. No. NS-300.1002, § 66, 10-21-25)

(a) The Director shall either issue or deny an establishment permit within 90 calendar days following receipt of a completed application. In taking such action, the Director shall consider the recommendations of the County officials investigating the application pursuant to Section B22-9, along with any other relevant evidence.

(b) The Director shall deny an establishment permit or the renewal thereof on any of the following grounds:

(1) The applicant or the owner or operator of a massage establishment has been convicted of:

(i) A violation of Penal Code § 187, 207, 209, 210.5, 215, 220, 236, 236.1, 237, 243.4, 261, 262, 264.1, 266, 266a, 266b, 266c, 266d, 266e, 266f, 266g, 266h, 266i, 266j, 267, 269, 286.5, 288, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 289.5, 311-311.7, 314, 315, 316, 318, 646.9, 647.6, 653f, or any serious or violent felony pursuant to Penal Code § 667.5, 1192.7, or 1192.8, or

(ii) Any offense under the laws of another jurisdiction, including a federal, state, or tribal jurisdiction, which, if committed or attempted in this state, would have been punishable as one or more of the foregoing offenses.

(2) The applicant or the owner or operator of a massage establishment has been convicted of a human trafficking-related crime under the laws of any jurisdiction, including 18 U.S.C. §§ 1581, 1584, 1589, 1590, 1592, and 2423.

(3) The applicant, owner, operator, or personnel of a massage establishment is currently, or has ever been, required to register under the provisions of California Penal Code § 290.

(4) The operation of the massage establishment would be injurious to the health, safety, or welfare of the people of the County, or would not be in compliance with the applicable zoning regulations.

(5) The applicant knowingly made a material misstatement of fact in the establishment permit application.

(c) The Director, in the Director's sole discretion, may deny an establishment permit or the renewal thereof on any of the following grounds. In exercising such discretion, the Director may consider whether there have been any convictions within the ten years prior to the date of the application and whether there have been any additional arrests for violations of the offenses listed.

(1) The applicant or the owner or operator of a massage establishment has been convicted in a court of competent jurisdiction of any crime in conjunction with or as a result of the operation of a massage establishment or adult business.

(2) The applicant or the owner or operator of a massage establishment has been convicted in a court of competent jurisdiction of any sex-related crime or crime of, or involving, moral turpitude.

(3) The applicant has been convicted in a court of competent jurisdiction of any misdemeanor or felony offense which relates directly to the operation of a massage establishment, whether as a massage establishment owner or operator, or as a person providing massage for compensation.

(4) The applicant or owner or operator of a massage establishment has been convicted of:

(i) Any felony offense involving the sale of a controlled substance specified in Health and Safety Code §§ 11054, 11055, 11056, 11057, or 11058;

(ii) Any offense under the laws of another jurisdiction which, if committed or attempted in this state, would have been punishable as one or more of the foregoing offenses; or

(iii) A violation of Penal Code §§ 261.5, 272, 285, 286, 290, 647(a), 647(b), 647(d), or 653.22.

(5) The applicant or owner or operator of a massage establishment has been convicted in a court of competent jurisdiction of any offense involving the use of force or violence upon the person of another which constitutes a felony.

(6) The applicant or the owner or operator of a massage establishment has previously violated the provisions of this Division or of any other ordinance, law, rule, or regulation of the County or another public entity which regulates the operation of massage establishments or persons providing massage, including, but not limited to, the Massage Therapy Act (California Business and Professions Code section 4600 et seq.).

(7) The applicant or the owner or operator of a massage establishment has previously had a certificate denied, suspended, or revoked by the California Massage Therapy Council.

(8) The applicant or the owner or operator of the massage establishment has had any massage establishment permit or license, which was issued by the State of California or any other public entity, denied, suspended, restricted, or revoked.

(d) If an establishment permit or a renewal thereof is approved, the Director may include such restrictions and conditions in the establishment permit as he or she deems reasonable and necessary under the circumstances to ensure compliance with the purposes and intent of this Division. Upon approval of an establishment permit or renewal thereof, the Director shall prepare and forward to the applicant written notice that the establishment permit has been granted or renewed, and a statement of any conditions attached thereto. No denial of an application for an establishment permit or renewal thereof shall become final until the 15-calendar-day period in which an appeal may be made to the Office of the County's Hearing Officer has elapsed without an appeal having been filed. Notice of the Director's decision shall be given to the permit applicant by personal delivery or by mail.

(Ord. No. NS-516.5, § 1, 11-16-21)

Following the granting of an establishment permit or renewal thereof, and the lapse of the 15-calendar-day appeal period set forth in Section B22-12, the Director shall issue an establishment permit. Each establishment permit shall be valid for a period of 12 calendar months following issuance, unless revoked sooner pursuant to the provisions hereof. An establishment permit may be renewed for a 12-month period pursuant to Section B22-7.

The establishment permit shall specify the full legal name of the permittee, the date the establishment permit expires, and the name and address of the business location, if applicable. The holder of the establishment permit shall not operate at any location other than the location specified in the establishment permit, unless the application for an establishment permit has been approved for massage at a non-fixed location.

(Ord. No. NS-516.5, § 1, 11-16-21)

(a) Within 30 calendar days following the Director's action on an application for an establishment permit, any applicant dissatisfied with the decision or any conditions may appeal to the Office of the County Hearing Officer in accordance with Section A37-4 and Division A-38 of the Ordinance Code. Appeals shall be filed concurrently with the Director and must be accompanied by a fee in accordance with the most current fee schedule adopted by the Board of Supervisors. Requests for appeal shall be accompanied by a written declaration of the person seeking appeal, which shall set forth the specific grounds for appeal, including the factual and/or legal basis, in detail sufficient to apprise the County of the nature of the appeal and general objections and arguments to be raised by the applicant. The Office of the County Hearing Officer shall deny without hearing any appeal that fails to comply with these terms. In all hearings where an appeal is requested, the burden of proof shall be on the appealing party.

If no appeal is filed within 30 calendar days following the Director's action, the Director's action shall become final.

(b) The appeal shall proceed pursuant to the standing policies and procedures of the Office of the County Hearing Officer. The decision of the Office of the County Hearing Officer is the final decision of the County.

(c) Any action challenging the final decision of the Office of the County Hearing Officer shall be filed in Superior Court of California, County of Santa Clara, within the 90-day statute of limitation period set forth in Code of Civil Procedure Section 1094.6 and in accordance with all applicable laws and rules.

(Ord. No. NS-516.5, § 1, 11-16-21)

(a) The Director may revoke an establishment permit for good cause. Before the Director revokes an establishment permit, the Director shall provide notice of the intended revocation to the permittee by personal delivery or by mail. The notice shall provide for revocation of the establishment permit 15 calendar days after service of the notice upon the permittee, unless the permittee requests an appeal hearing. The notice shall provide information on the appeal process.

(b) Following the receipt of such revocation notice and within 15 calendar days thereafter, the permittee may file an appeal of the revocation and request a hearing be held in accordance with Section B22-12. If an appeal is filed, the Office of the County Hearing Officer shall conduct a hearing on the appeal pursuant to its standing policies and procedures.

(c) If after the passage of 15 calendar days from the receipt of the revocation notice, the permittee has not requested an appeal, the Director's revocation decision shall become final.

(d) For purposes of this Section B22-13, "good cause" shall mean any one or more of the following:

(1) The establishment permit was obtained by fraud.

(2) Any person making use of such permit is violating or has violated any conditions of such permit.

(3) The conduct of the massage establishment is detrimental to the public health or safety, or causes a public nuisance, and therefore necessitates the revocation of the establishment permit.

(4) The permittee has violated, or had any other person under his/her control or supervision violate any provision of this Division or state or federal law in connection with the practice of massage or operation of a massage establishment.

(5) The permittee has committed any offense involving lewdness, indecent exposure, prostitution, human trafficking, sex trafficking, labor trafficking, or any other offense which would be grounds for denial of an application, or employees or contractors of the massage establishment have committed such offenses in the course of their employment or contract and the permittee has failed to prevent them from doing so. The permittee shall be responsible and liable for those acts of its employees or contractors that are done in the course of their employment or contract or that occur on the premises of the massage establishment.

(6) The permittee has violated or is violating any labor or employment laws during the term of its establishment permit.

(Ord. No. NS-516.5, § 1, 11-16-21)

(a) The Director may immediately suspend, or impose reasonable conditions on, an establishment permit if there is reasonable cause to believe that:

(1) The permittee is operating or managing the massage establishment, or providing services in a manner which poses an immediate danger to the health or safety of employees, clients, or the public;

(2) The permittee has been convicted of any offense involving lewdness, indecent exposure, prostitution, sexual battery, or any sex-related crime. The only establishment permit which shall be immediately suspended or subject to conditions under this subsection shall be that establishment permit belonging to the person convicted;

(3) The permittee has violated or is violating any labor or employment laws during the term of its establishment permit.

(b) If the Director immediately suspends or imposes conditions on a permit, the Director shall provide notice to the permittee by personal delivery or by mail. The notice shall contain a statement that the establishment permit is immediately suspended or subject to identified conditions and that such suspension or conditions shall remain in effect during the pendency of any appeal process. The notice shall provide information on the appeal process. The notice shall contain a statement that the suspension or conditions may be followed by a permanent revocation of the establishment permit.

(c) Following receipt of the notice of suspension or conditions, and within 15 calendar days thereafter, the permittee may file an appeal of the action and request a hearing be held in accordance with Section B22-12. If an appeal is filed, the Office of the County Hearing Officer shall conduct a hearing on the appeal pursuant to its standing policies and procedures.

(d) If, after 15 calendar days from the receipt of the notice of suspension or conditions, the permittee has not requested an appeal, the Director's decision to suspend or impose conditions shall become final and the establishment permit shall be permanently revoked or subject to such lesser actions as the Director may impose in the Director's discretion.

(Ord. No. NS-516.5, § 1, 11-16-21)

Prior to providing any massage for compensation, Certified Massage Therapists and Certified Massage Practitioners shall register with the Director by providing a copy of their California Massage Therapy Council certification and the name and address of any massage establishment in which they are employed or under contract. Certified Massage Therapists and Certified Massage Practitioners shall also provide the Director with a copy of their renewed certifications within 30 calendar days of their renewal and shall notify the Director within 30 calendar days of any start or termination in employment or contract with a massage establishment. Massage establishment owners and operators shall be held liable for any employees or contractors who fail to comply with the requirements of this section.

(Ord. No. NS-516.5, § 1, 11-16-21)

Establishment permits granted under this Division shall not be transferable, either as to the permittee or the location. Any attempt to transfer an establishment permit shall render the permit in question invalid, and no further massage services may be conducted under such permit.

(Ord. No. NS-516.5, § 1, 11-16-21)

Every massage establishment holding an establishment permit shall notify the Director, in writing, of the name and residence of each employee, contractor, or other person providing massage for compensation. Such notification shall occur within five calendar days of the start of the individual's employment or contract with the massage establishment.

(Ord. No. NS-516.5, § 1, 11-16-21)

(a) Except as permitted by Business and Professions Code section 4609, no Certified Massage Therapist, Certified Massage Practitioner, or any employee, contractor, or other personnel of a massage establishment shall place either of his/her hands upon, or touch with any part of his/her body, a sexual or genital part of any other person in the course of a massage, or massage a sexual or genital part of any other person. Sexual or genital parts include the genitals, pubic area, anus, perineum, and nipples.

(b) No Certified Massage Therapist, Certified Massage Practitioner, or any employee, contractor, or other personnel of a massage establishment shall uncover or expose the sexual or genital parts, as defined above, of a client or themselves in the course of practicing massage or other health treatment before or after a massage. This subsection does not prohibit a client from turning over in the course of a massage, so long as the Certified Massage Therapist holds a drape over the client to protect his/her privacy.

(Ord. No. NS-516.5, § 1, 11-16-21)

All massage establishments, Certified Massage Therapists, and Certified Massage Practitioners shall comply with the following operating requirements, as applicable.

(a) Exterior signs. If a massage establishment offers massage services at a fixed location, a recognizable and legible sign shall be posted at the main entrance identifying the business as a massage establishment.

(b) Interior signs. If a massage establishment offers massage services at a fixed location, a copy of the model notice described in California Civil Code section 52.6(d) shall be posted in a conspicuous, public place within the massage establishment's premises in every language for which it is available.

(c) Maintenance of establishment permit. If a massage establishment offers massage services at a fixed location, a copy of the current establishment permit shall be displayed in a conspicuous, public place within the massage establishment premises.

(d) Display of CAMTC certification. The original copy of each Certified Massage Therapist and Certified Massage Practitioner's CAMTC certification shall be displayed and available for inspection wherever the Certified Massage Therapist or Certified Massage Practitioner provides massage for compensation.

(e) Posting of services offered. Each service offered, the price thereof, and the minimum duration for such service shall be posted legibly on a list located in a conspicuous public place within the premises of the massage establishment or, in the case of a Certified Massage Therapist or Certified Massage Practitioner providing massage at a location other than a fixed location, provided to clients or potential clients in printed form. No service other than those set forth on the list shall be provided.

(f) Payment. If a massage establishment offers massage services at a fixed location, all payments for massage services shall be made at the designated reception area exclusively.

(g) Alcohol prohibited. If a massage establishment offers massage services at a fixed location, no alcoholic beverages shall be sold, served, furnished, kept, or possessed in any part of the massage establishment's operations. The owner and/or operator shall be responsible to ensure that no person possesses alcoholic beverages inside the massage establishment's operations.

(h) Written records. Every massage establishment shall maintain written records that include the date and hour of each service provided, the full name of each client and type of service received, the full name of the Certified Massage Therapist or Certified Massage Practitioner administering the service, and the specific hours worked each day by each Certified Massage Therapist or Certified Massage Practitioner. These records shall be open to inspection by officials upon request, including the Director, County Counsel, and District Attorney charged with enforcement of this Division, or their designees, and shall be kept for a period of at least two years. For massage establishments, these records shall be maintained at the fixed location where massage services are offered or, if there is no fixed location, at the massage establishment's principal place of business.

(i) Dress code for massage establishment employees and contractors, Certified Massage Therapists and Certified Massage Practitioners. All Certified Massage Therapists and Certified Massage Practitioners shall meet the dress code requirements in California Business and Professions Code section 4609, subdivision (a)(10), and all other employees, contractors, and owners of the massage establishment shall remain fully clothed in clean outer garments while on the premises of the massage establishment. At a minimum such clothing shall be made of non-transparent material and shall cover the entirety of the torso area from the chest to mid-thigh.

(j) Identification of employees. Certified Massage Therapists and Certified Massage Practitioners shall wear their CAMTC-issued picture identification cards while on the massage establishment premises or otherwise engaged in the business of providing massage for compensation.

(k) Operating hours. No massage establishment shall be open for business and no Certified Massage Therapist or Certified Massage Practitioner shall administer massage for compensation before the hour of 8:00 a.m. or after the hour of 10:00 p.m. The Director may establish more restrictive hours where appropriate.

(l) Devices prohibited. No device, including, but not limited to, an audio or video recording device, shall be used by a massage establishment, Certified Massage Therapist, or Certified Massage Practitioner to monitor the practice of a massage, or any conversation or other sounds in massage rooms without written consent of the client. No device of any kind shall be installed or used which would operate in any way to detect or interfere with law enforcement surveillance or communication equipment.

(m) Advertising. No person or massage establishment shall advertise in any manner or form that he, she, or it provides massage for compensation unless the person or massage establishment meets the permit and certification requirements of this Division. All advertisements for massage and massage establishments and the services offered therein shall reflect the professional nonsexual nature of the business. No massage establishment granted an establishment permit under this Division shall distribute or cause to be distributed any advertising matter that depicts any service is available other than those services authorized by this Division.

(n) Entry and exit. If a massage establishment offers massage services at a fixed location, all massage establishment clients shall enter and exit exclusively through the front door of the massage establishment. 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 establishment.

(o) Sex and gender discrimination prohibited. A massage establishment cannot provide services only to persons of a single sex, sexual orientation, gender, or gender-identity, nor may it refuse to serve any individual based on sex, sexual orientation, gender, or gender-identity.

(Ord. No. NS-516.5, § 1, 11-16-21)

All massage establishments that offer massage services at a fixed location shall comply with the following requirements:

(a) Toilet and wash basins. A minimum of one toilet and one wash basin shall be provided for client use.

(b) Towels and linens. Massage establishments shall be equipped with clean and sanitary towels, sheets and linens in sufficient quantity. Towels, sheets and linens shall not be used by more than one person. Reuse of such linen is prohibited unless it has been laundered. Heavy white paper may be substituted for sheets, provided that such paper is discarded after each use.

(c) Linen storage. Cabinets or other covered space shall be provided for the storage of clean linen. Receptacles shall be provided for all soiled linen and paper towels.

(d) Restrooms. All restrooms or wash basins shall be provided with hot (100°F) and cold running water, soap, single-service towels in wall-mounted dispensers or electric hand dryers, and a trash receptacle.

(e) Facilities in good repair.

(1) All walls, floors, ceilings, pools, showers, bathtubs and all other physical facilities must be in good repair and maintained in a clean and sanitary condition.

(2) Wet and dry heat rooms, steam or vapor rooms, or vapor cabinets, shower compartments and rooms shall have smooth and waterproof walls and be thoroughly cleaned and disinfected each day the business is in operation.

(3) Handwashing facilities shall be readily accessible to massage practitioners.

(4) All areas of the facility shall be clean and free of vermin.

(f) Safe and sanitary operation. All other components of a massage establishment, including appliances, furniture and apparatus shall be maintained in a sanitary and operational condition at all times.

(g) Disinfecting agents. Disinfecting agents and sterilizing equipment shall be provided for any instruments used in practicing acts of massage and instruments shall be disinfected and sterilized after each use.

(h) Massage tables. All massage tables shall be at least two feet away from all walls at all times.

(i) Massage table pads. Pads used on massage tables shall be covered with durable, washable plastics or other acceptable waterproof material.

(j) Unlocked doors. All internal and external doors, except restroom doors, shall be kept unlocked during business hours; provided, however, that external doors may be locked if the massage establishment is a business entity owned by one individual with one or no employees or independent contractors. Locking devices shall not be allowed on any interior doors within the massage establishment, with the exception of restroom doors.

(k) Windows. With the exception of windows located at a height that precludes a view of the interior premises, a minimum of 15 percent of the square footage of any exterior window into a massage establishment's interior reception area shall be unobstructed by curtains, blinds, tints, or any other material.

(l) Safe deposit devices. Safe deposit devices capable of being locked by the client, or a security bag that may be carried by the client shall be available to the client for the protection of valuables.

(m) Mirrors. A single mirror, whose dimensions do not exceed three feet wide (horizontal) and five feet tall (vertical), may be installed within a room. No other mirrors shall be allowed.

(n) Lighting. Massage establishments must be well-lit at all times during business hours. Lighting of at least 108 lux (ten footcandles) shall be provided in toilet, dressing, and massage rooms, which shall remain lighted at all times when occupied.

(o) Sleeping quarters. Massage establishments shall not contain sleeping quarters on the premises.

(p) Flooring. Floors in lavatories, bathing facilities, saunas, and steam/heat/vapor rooms shall have a waterproof covering that extends up the walls at least six inches and shall be covered at the floor-wall juncture with at least a three-eighths inch radius.

(Ord. No. NS-516.5, § 1, 11-16-21)

As a condition of the establishment permit, any and all investigating officials of the County shall have the right to enter massage establishments during regular business hours to conduct reasonable inspections to observe and enforce compliance with the provisions of this Division, as well as any other applicable requirements including, but not limited to, building, fire, planning and health requirements.

(Ord. No. NS-516.5, § 1, 11-16-21)

Massage services shall not be made available to clients at spa/sauna or tanning establishments unless the establishment holds a valid massage establishment permit. Spa/sauna or tanning establishments that offer massage services must comply with all provisions of this Division. Massages shall not be given in any room or areas in which a spa, sauna, shower, or Jacuzzi is located, or in wet and dry heating rooms, tanning rooms, steam or vapor rooms, cabinets, or bathrooms.

(Ord. No. NS-516.5, § 1, 11-16-21)

Any property used in violation of this Division two or more times within a 24-month period shall be designated a "recidivist property" for purposes of this Division. The recidivist property designation shall be imposed for a period of five years. No massage establishment may operate at a property during the time that it is designated a recidivist property.

(Ord. No. NS-516.5, § 1, 11-16-21)

(a) Any County employee designated by the Director as an enforcement officer may enforce the provisions of this Division.

(b) The County Counsel shall have the authority and power to enforce the provisions of this Division.

(c) The County Counsel is hereby authorized to file a civil action on behalf of the County to enjoin any violation(s) of this Division and to obtain other appropriate relief needed to cease and abate such violations, as well as to recover all associated County costs, attorneys' fees, and any fines or penalties imposed.

(Ord. No. NS-516.5, § 1, 11-16-21)

(a) Individuals, including, but not limited to, owners or operators of a massage establishment, who violate any provision of this Division shall be:

(1) Subject to prosecution as a misdemeanor, which shall be punishable by a fine of not more than $1,000.00, imprisonment in the County jail for a period not exceeding six months, or both;

(2) Subject to an administrative fine of not more than $1,000.00 for each and every day on which the violation continues to exist after the expiration of any correction period;

(3) Subject to regulatory fees to recover the cost incurred by each Department in enforcing this Division, including, but not limited to, the costs of responding to complaints, performing inspections, issuing notices of violations, collecting fees and fines owed, and incurring attorneys' fees; and

(4) Liable for any other fees as provided by law.

(b) Any business that fails to comply with the requirements of this Division shall be deemed a public nuisance pursuant to Code section A1-34(a).

(Ord. No. NS-516.5, § 1, 11-16-21)

If any section, subsection, sentence, clause, phrase, or word of this Division, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a final decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Division.

(Ord. No. NS-516.5, § 1, 11-16-21)