Massage establishments, sole massage therapist establishments, and outcall massage services must comply with the following operating requirements to the extent applicable:
A. Cleanliness And Hygiene: Massage facilities, including all appliances and apparatuses, shall be kept clean and operated in a sanitary condition.
1. Adequate and suitable space shall be provided for storage of clean linens, including, but not limited to, sheets, towels, and apparel.
2. Clean sheets and towels shall be provided, laundered after each use, and stored in a sanitary manner.
3. No towels or sheets shall be laundered or dried on the premises in the absence of suitable laundry facilities.
4. Smooth, cleanable, and appropriately labeled receptacles for the storage of soiled linens and towels shall be provided.
5. Soiled refuse shall be appropriately bagged and disposed of.
6. Wet and dry heat rooms, shower compartments, and toilet rooms shall be thoroughly cleaned each business day.
7. Bathtubs shall be thoroughly cleaned and sanitized after each use.
8. The facility shall be free of vermin, including, but not limited to, cockroaches, mice, rats, and other pests that carry disease.
B. Changing Area: A room, enclosure, or designated area shall be provided where clients can change and store their clothes.
C. Employee Area: A room, enclosure, or designated area that is separate from the toilet, massage room(s), steam room, or other common areas shared by the clients shall be made available to employees at all times. The employee area(s) shall be furnished with individual lockers and adequate storage space for employees' personal belongings. Members of the public may not have access to the employee area.
D. Employment Of Minors Prohibited: It shall be unlawful to employ any individual who is not at least eighteen (18) years of age.
E. Register Of Practitioners: Every massage establishment or outcall massage service that hires or contracts with individuals to provide massage services shall ensure at all times that each such individual holds a valid and current DOPL certificate, as well as a city massage therapist identification badge. The massage establishment or outcall massage service shall maintain a register of practitioners that includes each practitioner's DOPL certificate number and a copy of the city massage therapist identification badge, which shall be provided to the city, as well as available for inspection by the department at all times.
F. Therapist Conduct: Massage establishments shall be responsible for the conduct of all individuals providing massage for compensation on their business premises and shall ensure that such individuals properly display their city massage therapist identification badge at all times while on the premises of a massage establishment, as well as ensure that they do not wear improper attire or engage in lewd conduct, which is generally defined as, but not limited to, the following:
1. Required Attire: Massage practitioners shall remain fully clothed while administering massage or otherwise present in a part of the massage establishment to which the public has access (e.g., massage rooms, reception areas, publicly accessible restrooms), including premises designated by the client through an outcall massage service. The massage practitioner's attire shall not include: (1) attire that is transparent, see-through, or that substantially exposes the practitioner's undergarments; (2) swim attire, unless the massage therapist is providing a water-based massage modality that has been approved by DOPL; or (3) attire that exposes the individual's areolas, breasts, buttocks, or genitals.
2. Lewd Conduct Prohibited: Massage practitioners shall not engage in lewd conduct on business premises, including locations designated by the client through an outcall massage service. Lewd acts include, but are not limited to: the performance of acts or simulated acts of sexual intercourse, masturbation, bestiality, copulation (oral, anal or vaginal), or flagellation; the actual or simulated caressing or fondling by one adult human being of the anus, genitals or breasts, of another adult human being; the actual or simulated displaying of the pubic hair, anus, vagina, penis, vulva, buttocks, areola, or any other external genitalia of the human body. The existence of clothing, a towel, or any other such matter material on or covering either or both the massage practitioner or client does not alleviate the above restricted conduct, nor is it a defense to prohibited conduct.
G. Locks: Doors that permit entry into any treatment room may not be equipped with locks or any device designed to prevent, impede, or delay entry into a room. Massage establishment exterior doors may be equipped with locks, but shall remain unlocked while the massage establishment is open. Exterior doors may remain locked while the massage establishment is open only if there is no more than one employee or independent contractor on the premises of the establishment, exclusive of the establishment owner.
H. No Alcohol Or Illegal Drugs Permitted On Premises: No alcoholic beverages or drugs may be sold, served, used, or possessed on business premises during business hours.
I. Human Trafficking Information Notices: Massage establishments must post in a conspicuous place near the public entrance of the establishment or in another conspicuous location in clear view of the public and employees, the following notice, which is provided by the city:
"If you or someone you know is being forced to engage in any activity and cannot leave-whether it is commercial sex, housework, farm work, construction, factory, retail, or restaurant work, or any other activity-text 233733 (Be Free) or call the National Human Trafficking Hotline at 1-888-373-7888 or the Utah Human Trafficking Tipline at 801-200-3443 to access help and services.
J. Residential Use: Massage facility premises shall not be used as a sleeping room or for any other residential purpose. A massage establishment shall be presumed to be used for residential purposes if any of the following items are maintained on the premises:
1. Beds or mattresses, other than professional massage tables;
2. Bedding, such as pillows, blankets, and sheets, other than those used for professional massage tables;
3. Sleepwear, including but not limited to, pajamas, nightgowns, and lingerie;
4. Groceries that require cooking, such as raw meats, poultry, fish, and grains; or
5. Clothing that exceeds one change of clothing for each employee or independent contractor who is present on the premises.
K. Establishment License To Be Displayed: Every license to operate a massage establishment or sole massage therapist establishment shall be displayed in a conspicuous place within the establishment such that the license may be readily seen by individuals entering the premises.
L. Outcall Massage Service License Subject To Inspection: Every license to operate an outcall massage service must be made available for inspection by the department at all times while providing massage services.
M. Hours Of Operation: No massage business shall operate or provide massage services, and no customer or person not employed or contracted by the massage business may be on the premises of a massage establishment, during the hours between ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M.
N. Advertising: No massage business shall publish or distribute, or cause to be published or distributed, including on the internet, any advertising for services that would violate this chapter.
O. Operation Of Massage School Prohibited: No massage business shall operate a massage school or otherwise provide instruction in massage on the premises of a massage establishment. (Ord. 2019-24, 9-10-2019)