§ 5.220.050  OPERATING REQUIREMENTS.
   No person shall engage in, conduct, or carry on, or permit to be engaged in, conducted, or carried on, any massage establishment, unless each and all of the following requirements are met.
   A.   Each person employed to perform massage must be a certified massage therapist or certified massage practitioner in possession of a valid massage certificate, which certificate shall be displayed in a conspicuous area open to the public at all times. It is unlawful for any owner, manager, operator, responsible managing employee, or permittee in charge of or in control of a massage establishment to employ or permit a person to perform massage who does not possess a valid massage certificate.
   B.   The possession of a valid massage establishment permit does not authorize the possessor to perform work for which a massage certificate is required.
   C.    Massage and bath operations shall be carried on or conducted, and the premises shall be open, only between the hours of 7:00 a.m. and 10:00 p.m.
   D.   A list of services available as approved pursuant to the application and the cost of such services shall be posted in an open public place within the premises, and shall be described in readily understandable language. In the event any list of services and costs posted or provided hereunder is in other than the English language, the permittee shall, at the permittee’s cost and expense, provide to the Director an English language translation thereof. Such English translation shall be attested to being a full, true and correct translation thereof under penalty of perjury of the laws of the State of California. No owner, manager, operator, responsible managing employee, or permittee shall permit, and no certified massage therapist or certified massage practitioner shall offer or perform, any service other than those posted.
   E.   The massage establishment permit and a copy of each massage certificate for every certified massage therapist and certified massage practitioner, employed in the establishment shall be displayed in an open and conspicuous place on the premises.
   F.   Every massage establishment shall keep a written record of the date and hour of each treatment, the name and address of each patron, the name of the certified massage therapist or certified massage practitioner administering the treatment, and the type of treatment administered. Such written record shall be maintained on forms approved by the Director. Such records shall be open to inspection only by officials charged with enforcement of this chapter, shall be available during all business hours of the establishment, and shall be used for no other purpose. Any unauthorized disclosure or use of such information by any officer or employee of the city or the County of Orange, or the owner or employee of the massage establishment shall constitute a misdemeanor and such persons shall be subject to the penalty provisions of this chapter in addition to any other penalties provided by law. Such records shall be maintained on the premises of the massage establishment for a period of two (2) years.
   G.   Massage establishments shall at all times be equipped with an adequate supply of clean, sanitary towels, coverings and linens. Clean towels, coverings and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one (1) patron, unless such towel or linen has first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one (1) patron. Soiled linens and towels shall be deposited in separate, health department approved receptacles.
   H.   Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bathrooms, tanning booths, whirlpool baths and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the Orange County Health Department. Bathtubs shall be thoroughly cleaned with a disinfectant, approved by the health department, after each use. All walls, ceilings, floors and other physical facilities of the establishment must be in good repair and maintained in a clean and sanitary condition.
   I.   Instruments utilized in performing massage shall not be used on more than one (1) patron unless such instruments have been sterilized, using approved sterilizing methods.
   J.   All employees, including certified massage therapists and certified massage practitioners, shall be clean, and shall wear clean, nontransparent outer garments. Such garments shall not expose their genitals, pubic area, buttocks or chest.
   K.   No person shall enter, be or remain in any part of a massage establishment while in the possession of, consuming, under the influence of or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. The owner, operator, responsible managing employee, manager or permittee shall not permit any such person to enter or remain upon such premises.
   L.   No massage establishment shall operate as a school of massage, or use the same facilities as that of a school of massage.
   M.   No massage establishment granted a permit under this Article I 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 customers or clients that any service is available other than those services described in subparagraph 5.220.050.D. of this Article I. Nor shall any massage establishment or outcall massage service 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 as described in subparagraph 5.220.050.D. of this Article I.
   N.   A massage shall not be given and no patron shall be in the presence of a certified massage therapist or other employee unless the patron’s genitals are fully covered by a nontransparent covering. In addition, a female patron’s breasts shall be fully covered by a nontransparent covering.
   O.   No massage establishment shall be open for business without at least one (1) certified massage therapist or certified massage practitioner on the premises at all times who is in possession of a current, valid massage certificate.
   P.   Each massage establishment granted a permit under this article shall have a manager on the premises at all times the massage establishment is open for business. The operator of each massage establishment shall file a statement with the Director designating the person or persons who shall act as manager. The operator, or manager in the operator’s absence, shall be responsible for ensuring compliance with this chapter.  Any act or omission of any employee or independent contractor, performing services as part of the massage establishment’s business, constituting a violation of any of the provisions of this chapter shall be deemed to be an act or omission of the massage establishment permittee for purposes of determining whether the massage establishment permittee’s permit shall be revoked, suspended, denied or renewed.
   Q.   A massage establishment permit will not be granted for, and no massage establishment may open or operate in, any location where, during the previous year, a business providing massage services was closed due to criminal activity, had its business license revoked, or had a massage establishment permit revoked.
   R.   Any existing massage establishment operating in a location where such use is no longer permitted by right shall be a nonconforming use. Any existing massage establishment operating in a location where such use is no longer permitted by right shall be discontinued within one (1) year of the effective date of this subsection.
(Ord. 1136, passed 4-6-10; Am. Ord. 1180, passed 1-19-16)  Penalty, see § 5.220.450