Sec. 26-121. - Massage parlors and health and beauty spas.

The purpose of this section is to serve the need of the public in regard to massage parlors and health and beauty spas while guaranteeing the adequacy of the site for the use and the protection of surrounding properties through consideration of physical treatment and compatibility with surrounding properties.

(a)

This section shall not apply to any uses or professions exempted by chapter 14 article V of this Code.

(b)

Massage parlors and health and beauty spas may be established only in the zones as specified in article II, division 2 of this chapter.

(c)

The permit required (as specified in table 2-12 in article II, division 2) shall be obtained prior to establishing a massage parlor or health and beauty spa.

(d)

The development standards of the zone in which this use is to be located shall apply (as specified in article II of this chapter unless this section specifically permits or prohibits otherwise.

(e)

Parking shall be required as indicated in article III, division 6.

(f)

Massage parlors and health and beauty spas shall comply with the following minimum standards:

(1)

Massage parlors and health and beauty spas shall not be located within one thousand (1,000) feet of another massage use;

(2)

Massage parlors and health and beauty spas shall not be located within one hundred fifty (150) feet from any residential use.

(3)

A massage room shall not have light dimmers and shall not be equipped with lamps.

(4)

Accessory massage uses (where massage is not the primary use) shall not have any doors for massage rooms but may cover the doorway with draped curtains. Massage parlors and health and beauty spas may have doors that are not equipped with any locking devices.

(5)

Each massage room or area where massage is performed shall be illuminated with light equivalent to a minimum of 40-watt incandescent light bulb and shall provide sufficient ventilation. Such lighting and ventilation shall otherwise comply with the current mechanical and building code of the City. The lighting in each massage room shall be always activated while the patron is in such room or area.

(6)

No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area, shall, during business hours, block visibility into the interior reception and waiting area by curtains, closed blinds, or any other material that obstructs, blurs, or darkens the view into the premises.

(g)

No person or persons shall be allowed to live inside the massage establishment at any time. Beds, mattresses, waterbeds, futons, sofa beds, or any type of portable or convertible beds are not permitted on the premises.

(h)

No food of any kind shall be cooked or prepared in a massage establishment. No food of any kind shall be for sale or sold in the establishment.

(i)

A massage establishment may be inspected at least twice a year for the purpose of determining that the provisions of this chapter are met. Such inspections may be made by the police department, persons employed by the City whose job descriptions require the person to enforce the provisions of this Code, including, but not limited to, code enforcement officers, and such other enforcement officials.

(j)

Advertising. No permitted massage establishment shall place, publish, or distribute, or cause to be placed, published, or distributed, in any publication or any website, any advertising that depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available other than those services authorized by the Massage Therapy Act and pursuant to this chapter. No massage establishment shall employ language in the text of such advertising that would reasonably suggest to a prospective patron that any service is available other than those services authorized by this chapter. The massage establishment shall ensure that it and all certified massage professionals comply with Business and Professions Code Sections 4608, 4609 and 4611, by requiring the massage professionals to include the name under which he or she is certified and his or her certificate number in any and all advertising of

massage for compensation; to not engage in sexually suggestive advertising related to massage services; to not hold him or herself out as a certified massage professional, or use terms such as "licensed" or "certified," that implies that an uncertified person is certified as a massage professional; to not falsely state or advertise or put out any sign or card, or to falsely represent to the public, that any individual is licensed, certified, or registered as a massage professional if that individual is not so certified by the CAMTC.

(k)

Clothing. A massage professional may not wear attire that is transparent, see-through, or substantially exposes the massage professional's undergarments or that exposes their breasts, buttocks, or genitals, or that in any way willfully and lewdly exposes their private parts in any place that is in public or where there are other people present who may be offended or annoyed by such action. Swim attire may not be worn unless the massage professional is providing a water-based massage modality approved by the CAMTC. A massage professional shall not wear any clothing that is deemed by the CAMTC to constitute unprofessional attire. All employees of the massage establishment that are not massage professionals shall also adhere to these clothing requirements.

(l)

Responsibility for conduct of massage establishment. The operator and on duty manager shall be jointly responsible for the conduct of all employees while the employees are on the premises of the massage establishment. Any act or omission of an employee constituting a violation of any provision of this chapter shall be deemed to be an act or omission of the operator and on duty manager for purposes of determining whether the massage establishment permit should be revoked, or an application for such permit or renewal thereof, denied.

(m)

Conditions of approval of a conditional use permit for health and beauty spas or massage parlors.

(1)

Review of the operation permitted by the conditional use permit is required every six (6) months for a period of two (2) years, beginning on the date of the start of operation of the use. The business owner and/or applicant shall be responsible for all fees associated with the review. A deposit shall be submitted to the planning division in the amount equal to two (2) times the current conditional use permit application fee. The review deposit shall be paid prior to occupancy or business license issuance.

(2)

All persons providing massage services shall obtain a CAMTC certificate.

(3)

Signs—Display of permits. Neither signs nor the front of the business shall be illuminated by strobe, flashing lights or string lights. Each operator and/or on-duty manager shall display the massage establishment permit in a conspicuous public place in the lobby of the massage establishment. In addition, each operator and/or on-duty manager shall ensure: (a) CAMTC Certificates for each massage professional

employed at the establishment (whether on-duty or not) are conspicuously displayed in the lobby area of the massage establishment; and (b) that each massage professional has his or her identification card in his or her possession while providing massage services for compensation.

(4)

The conditional use permit may be revoked, amended, or suspended by the Planning Commission under the provisions of article VI, division 4 of this Code.

(5)

Licenses and permits as required by section 14-117 of this Code shall be obtained prior to the start of the operation of the use.

(6)

The use shall be conducted in compliance with all applicable requirements of article V of chapter 14 of this Code.

(7)

Such other conditions as deemed by the Planning Commission to reasonably relate to the purpose of this section.

(n)

Accessory massage service is allowed as an accessory to hair salons, barbershop, nail salons, gyms/fitness studios, medical office/clinic only.

(1)

An administrative review shall be obtained prior to establishing accessory massage and prior to issuance of business license and the start of operations subject to the following minimum standards:

a.

A massage room shall not have light dimmers and shall not be equipped with lamps.

b.

The massage room shall not have any doors but may cover the doorway with draped curtains.

c.

Each massage room or area where massage is performed shall be illuminated with light equivalent to a minimum of 40-watt incandescent light bulb and shall provide sufficient ventilation. Such lighting and ventilation shall otherwise comply with the current mechanical and building code of the City. The lighting in each massage room shall be always activated while the patron is in such room or area.

(2)

A letter signed by the applicant for massage services requesting that the Community Development Director or their designee approve massage services as an accessory use at the subject address. The letter should also include the following:

a.

Applicant's full name, mailing address, and phone number (the applicant must be the same business owner of the primary business.

b.

The proposed hours of operations for the massage services and hours of operation of the primary use.

c.

A statement that massage services will not be permitted beyond the hours of operation of the primary use.

d.

A statement that the proposed massage technician is strictly accessory to the primary use and will abide by all requirements of an accessory use, including permitting no exterior advertising relating to massage services.

(3)

A floor plan, drawn to scale, of the primary use indicating location of walls and entries and labeling the intended use of rooms. Specifically, show the following:

a.

The location of the massage room and fixtures related to the business (sink, table, counter, bathroom shall be indicated on the floor plan);

b.

No separate exterior entrance to the massage room. The path of travel to the massage room should be through the main entrance of the primary use; and

c.

The massage room and other areas devoted to the massage service shall not exceed ten (10) percent of the total business floor area.

(4)

A business license from the City treasurer's office is required.

(5)

Each individual massage technician shall comply with the requirements of section 14-68 of this Code.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)