A. Standards And Requirements: Every massage establishment shall be constructed, operated and maintained in compliance with the following minimum standards and requirements:
1. Physical Facilities:
a. All massage therapy in a massage establishment shall be in a room, cubicle or area dedicated to that purpose.
b. Steam rooms, shower compartments, steam compartments, tub compartments, toilet rooms and adjacent exit areas shall have smooth, nonabsorbent and easily cleanable floors and walls.
c. Floors of wet and dry heat rooms shall be adequately sloped to one or more floor drains properly connected to an approved sewer system, except that dry heat rooms with wooden floors need not be provided with sloped floors and floor drains.
d. A source of water, compliant with the State Plumbing Code (as adopted and as amended by title 9, chapter 4 of this Code) shall be available within the immediate area of the dry and wet heat rooms to facilitate cleaning.
e. The premises shall be equipped with facilities and equipment for disinfecting or sanitizing nondisposable instruments and materials used to administer massages.
f. Massage tables, exercise tables and benches shall have easily cleanable upholstery or other approved material covering the entire surface that may come into contact with a client during a massage.
g. Pools, tubs and similar equipment designed for multiple use without the water being changed, shall comply with all State and other applicable laws. The water contained in tubs, baths and similar equipment designed for a single use shall be emptied after each use, thoroughly cleaned and properly sanitized prior to the next use.
h. No massage establishment shall be used as a shelter or living quarters for any person. The owner and family members of a massage establishment operated as a home occupation, as defined by subsection 11-012-02.5 of this Code, are exempt from this prohibition. If a massage establishment is located within, but is ancillary to, a business, such as a hotel or motel, this prohibition shall apply only to the areas designed, designated or used as a massage establishment.
i. Restroom and toilet facilities shall be provided in a convenient location separate from a room in which massage is performed, to provide privacy.
j. Each hand washing facility shall include hot and cold running water, soap or detergent, and sanitary single service towels or an air hand dryer. A common towel shall not be provided or used for hand drying.
k. No room, cubicle or area that is designed to accommodate the practice of massage or massage therapy shall have a door that is equipped with a locking mechanism.
2. Cleaning And Maintenance:
a. Every appliance, exercise table and every other piece of equipment, furniture or apparatus within a massage establishment shall be kept clean, in good repair and maintained in a sanitary condition.
b. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments and toilet facilities and rooms shall be thoroughly cleaned after each day the establishment is in operation.
c. Every massage establishment shall provide clients with clean, sanitized sheets, towels or other linens. No common use of sheets, towels or other linens shall be permitted.
d. Every instrument, apparatus, equipment or appliance designed to be reused shall be sanitized or disinfected after each use.
3. Managers, Massage Therapists And Employees:
a. Every manager, massage therapist and employee shall maintain a high degree of personal hygiene by wearing clean clothes, and conduct the business and operations of the massage establishment in a sanitary and hygienic manner.
b. Every massage therapist shall wash their hands thoroughly after going to the bathroom, smoking or eating, and before and after administering a massage or treatment on each client, and as often as necessary to remove soil and contamination during a massage therapy or treatment session.
c. No massage therapist shall administer a massage or give treatment if he or she knows, or should know, that he or she has any contagious or communicable disease.
4. Hours Of Operation: Every massage establishment shall be closed for business between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M.
B. Required Records:
1. Every massage establishment shall keep and maintain:
a. A book containing the names, dates of birth and a legible photocopy of the State massage license of every massage therapist employed by or contracting with the massage establishment; and
b. A menu of all services available at the massage establishment, including the price for each service, which shall be posted in plain view of clients.
c. A log, including the date, time and type of massage or massage therapy service performed, the amount of money or other payment received from the client, including the amount of tip or gratuity.
2. Every document and record required by this chapter shall be dated and kept at the massage establishment for a minimum period of one year from the date of the last record contained therein, and on or off the premises for the period required by State law or the rules, code of ethics or standards of practice of the State Board of Massage Therapy.
3. Every owner, manager, massage therapist and employee shall immediately present the records required herein for inspection or review upon request of any law enforcement officer or Licensing Officer.
C. Insurance Required:
1. Every owner shall possess a policy of insurance that provides general liability coverage in the amount of five hundred thousand dollars ($500,000.00) for all foreseeable risks that may arise from the operation of a massage establishment and from the practice of massage therapy. Said policy shall be issued by an insurance carrier duly authorized to do business in the State, and a certificate of insurance shall accompany each application, specifying the City as the certificate holder.
2. Every massage therapist performing massage or massage therapy at the massage establishment shall be covered by the policy of insurance required by this section.
3. Every owner shall maintain, at the massage establishment, documentary proof of compliance with the insurance requirements contained in this section.
D. Inspections:
1. A Licensing Officer may, at any time during business hours and as frequently as reasonably necessary to ensure compliance, inspect any massage establishment.
2. Every massage establishment shall obtain and receive every other inspection required by law, including, but not limited to, inspections performed by the Fire Department, the building inspector, the Central District Health Department, and any other department or agency authorized to conduct a required inspection. (Ord. 17-13, 6-18-2013; amd. 2019 Code)