(A) No massage establishment permit shall be issued unless an inspection by the city reveals that the massage establishment complies with each of the following minimum requirements, and every massage establishment shall comply with the following requirements, and no person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, any massage establishment unless each of the following requirements are met, and no person shall perform or administer a massage or advertise to provide massage services in an establishment unless each of the following requirements are met:
(1) Structure; building and inspection requirements. Massage establishments shall be located in a zoning district which permits such use and shall be operated within a structure for which the city has issued all necessary building and other permits for occupancy and operation. When a new massage establishment is constructed, five folded (8-1/2" x 14") copies of a full size floor plan shall be submitted to the City of Corona and the Health Services Agency of Riverside County for approval, and shall be accompanied by the appropriate plan check fee. If an operator intends on occupying a structure previously used as a massage establishment, a copy of the approved building permit shall be submitted to the Police Department along with the site plan required by § 5.28.035. The city shall not issue a massage establishment permit for a massage establishment unless and until all tenant and other improvements within the massage establishment have been properly permitted as required by the Corona Municipal Code and state law. The massage establishment shall comply with all applicable building and site development standards of the Corona Municipal Code and state law, including, but not limited to, the California Building Codes, the California Fire Code and the health and safety requirements of the Corona Municipal Code. The massage establishment shall also comply with all applicable city permit and inspection procedures.
(2) Signs; display of permits. Each operator shall post and maintain, in compliance with existing state and city laws, a readable sign identifying the premises as a massage establishment. The sign and the front of the business shall not be illuminated by strobe or flashing 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, as indicated in § 5.28.050(A)(34), each operator and/or on-duty manager shall ensure that the current, valid massage therapist or massage practitioner certification issued by the California Massage Therapy Council for each massage therapist employed at the establishment (whether on-duty or not) is conspicuously displayed in a public place in the lobby, and that each massage therapist is wearing or has in their possession the identification required by § 5.28.050(A)(28) at all times when in the massage establishment. The operator and/or on-duty manager must also post, on a daily basis in a conspicuous public place in the lobby, the name of the operator and/or on-duty manager, as well as all on-duty massage therapists. Finally, the hours of operation must be posted in the front window and clearly visible from the outside.
(3) Services list. Each operator shall post and maintain a list of services available and the cost of such services in a conspicuous public place within the massage establishment. No operator and/or on-duty manager shall permit, and no massage therapist shall offer or perform, any service other than those posted.
(4) Lighting. Each operator shall provide in each room where massage is given sufficient lighting and ventilation that complies with the California Building Code. The lighting in each massage room shall be activated at all times while the patron is in such room or enclosure.
(5) Bath facilities. A minimum of one toilet and one separate wash basin shall be provided for patrons in each massage establishment, which basin shall provide soap or detergent and hot running water at all times and shall be located within close proximity to the area devoted to the performing of massage services. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser shall be provided at the restroom handwash sink. No bar soap can be used. A trash receptacle shall be provided in each toilet room. Showers may be provided at the operator's option. Wet and dry heat rooms, shower compartments, and toilet rooms shall be thoroughly cleaned each business day.
(6) Separate rooms. If male and female patrons are to be treated simultaneously at the same massage establishment, separate massage rooms shall be provided for male and female patrons.
(7) Maintenance. All facilities, including appliances and apparatus, for the massage establishment must be in good repair and shall be thoroughly cleaned and sanitized each day the business is in operation. All walls, floors and ceilings of each restroom and shower area shall be made smooth and easily cleanable. No carpeting shall be installed in any of these areas.
(8) Massage table. A massage table shall be provided in each massage room and the massage shall be performed on this massage table. The tables should have a minimum height of 18 inches. Two inch thick foam pads with maximum width of four feet may be used on a massage table and must be covered with durable, washable plastic or other waterproof material. Beds, floor mattresses, waterbeds and shower tables are not permitted on the premises.
(9) Equipment. Each operator and/or on duty manager shall provide and maintain on the premises adequate equipment for disinfecting and sterilizing instruments used in massage.
(10) Inspections. The operator and/or on-duty manager consents to the inspection of the massage establishment by the city's Building and Safety Division, Code Enforcement Division, Fire Department and Police Department and the County Health Department for the purpose of determining that the provisions of this chapter or other applicable laws or regulations are met.
(a) The city's Building and Safety Division, Code Enforcement Division, Fire Department, Police Department and the County Health Department may, from time to time, make an inspection of each massage establishment for the purpose of determining that the provisions of this chapter, state law or other applicable laws or regulations are met. Routine inspections shall not occur more than twice a year, unless violations are found or complaints are received. Criminal investigations may be conducted as directed by the Chief of Police. The Police Department may inspect the occupied massage rooms for the purpose of determining that the provisions of this chapter are met upon occurrence of any of the conditions described in division (A)(25) which would require the posting of the Notice To All Patrons. During an inspection, the Police Department may verify the identity of all on-duty employees.
(b) Inspections of the massage establishment shall be conducted during business hours.
(c) An operator of a massage establishment or his or her agent, servant or employee commits an offense if he or she refuses to permit a lawful inspection of the premises by a representative of the Police Department at any time it is occupied or open for business.
(11) Linen. Common use of towels or linen shall not be permitted. Towels and linen shall be laundered or changed promptly after each use. Separate cabinets or containers shall be provided for the storage of clean and soiled linen.
(12) Living prohibited. No person or persons shall be allowed to live inside the massage establishment at any time. All living quarters shall be separate from the massage establishment. No food of any kind shall be prepared for sale or sold in the establishment unless an appropriate food vending permit is granted by the County of Riverside. (See Riverside County Ordinance No. 492.8, § 4.)
(13) Alcoholic beverages/drugs. No person shall enter, be in, or remain in any part of a massage establishment licensed under this chapter while in possession of, consuming, using or under the influence of any alcoholic beverage or controlled substance. The owner, operator and manager shall be responsible to ensure that no such person shall enter or remain upon the massage establishment. Service of alcoholic beverages is prohibited.
(14) Recordings. No electrical, mechanical or artificial device shall be used by the operator or any employee of the massage establishment for audio and/or video recording or for monitoring the performance of a massage or the conversation or other sounds in the massage rooms without the knowledge or consent of the patron.
(15) Roster. The operator and/or on-duty manager shall maintain a register of all employees showing the name, nicknames and aliases used by the employee, home address, age, birth date, gender, height, weight, color of hair and eyes, phone numbers, social security number, date of employment and termination, if any, duties of each employee and a copy of each massage therapist's current, valid massage therapist or massage practitioner certification issued by the California Massage Therapy Council. The above information on each employee shall be maintained in the register on the premises for a period of two years following termination; provided, however, that the Chief of Police may establish a policy that would allow for the safeguarding of social security numbers on the premises, while making the full social security numbers available for inspection within 24 hours of demand as provided for herein. The operator and/or on-duty manager shall make the register of employees immediately available for inspection upon demand of a representative of the Police Department at all reasonable times.
(16) Coverings. Each massage establishment shall provide to all patrons clean, sanitary and opaque coverings capable of covering the patrons specified anatomical areas, including the genital area, anus and female breast(s). No common use of such coverings shall be permitted, and re-use is prohibited unless adequately cleaned.
(17) Records. Every person operating a massage establishment shall keep a record of the dates and hours of each treatment or service, the name and address of the patron, the name of massage therapist administering such service and a description of the treatment or service rendered. A short medical history form shall be completed by the patron to determine if the patron has any communicable diseases, areas of pain, high blood pressure or any physical condition which may be adversely affected by massage. These records shall be prepared prior to administering any massage or treatment and shall be retained for a period of 24 months after such treatment or service. These records shall be open to inspection upon demand only by officials charged with enforcement of this chapter and for no other purpose. The Police Department shall periodically inspect the records to ensure compliance with this section. The records shall be kept on the premises of the massage establishment for a period of two years. The information furnished or secured as a result of any such records should be used only to ensure and enforce compliance with this chapter or any other applicable state or federal laws and shall remain confidential. Any unauthorized disclosure or use of such information by any officer or employee of the city shall constitute a misdemeanor.
(18) Hours of operation. The owner must advise the city, in writing, at the time of application for a permit of the business hours and any changes in hours. No person shall operate a massage establishment or administer a massage in any massage establishment or at an outcall location booked by that massage establishment pursuant to § 5.28.050(A)(37) between the hours of 10:00 p.m. and 7:00 a.m. A massage begun any time before 10:00 p.m. must nevertheless terminate at 10:00 p.m. All customers, patrons and visitors shall be excluded from the massage establishment between the hours of 10:00 p.m. and 7:00 a.m. and be advised of these hours. The hours of operation must be displayed in a conspicuous public place in the lobby within the massage establishment and in the front window clearly visible from the outside.
(19) Advertising. No massage establishment granted a permit under this chapter 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 patrons that any service is available other than those services described in this chapter or otherwise permitted by state law. Nor shall any massage establishment 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 or state law.
(20) Insurance. No person shall engage in, conduct or carry on the business of a massage establishment unless there is on file with the City Clerk, in full force and effect at all times, documents issued by an insurance company authorized to do business in the State of California evidencing that the operator is insured under a liability insurance policy providing minimum coverage of $500,000 for injury or death to one person arising out of the operation of any massage establishment and the administration of a massage. Each operator shall provide the Chief of Police with evidence of the insurance required by this subsection within 45 days of the date of issuance of a massage establishment permit.
(21) Handicapped areas. All massage establishments must comply with all state and federal laws and regulations for handicapped customers.
(22) Compliance. Proof of compliance with all applicable provisions of the Corona Municipal Code shall be provided.
(23) Doors. All front, reception, hallway or front exterior doors (except back or exterior doors used solely for employee entrance to and exit from the massage establishment) shall be unlocked during business hours, except as may be permitted by applicable law (such as the California Fire Code which allow for safety doors which may be opened from the inside when locked). Notwithstanding the foregoing, the exterior doors to the massage establishment may be locked during business hours if the massage establishment is owned by one person with one or no employees or independent contractors. Whenever the establishment is open, staff shall be available to assure security for clients and employees who are behind closed/unlocked doors. No massage may be given within any cubicle, room, booth or any area within a massage establishment which is fitted with a lock of any kind (such as a locking door knob, padlock, dead bolt, sliding bar or similar device), unless the only door is an exterior door.
(24) Access. No person(s) other than massage therapists with current, valid massage therapist or massage practitioner certification issued by the California Massage Therapy Council and customers will be allowed anywhere in the massage establishment other than the lobby/reception area during hours of operation. Entry doors to any room shall not be obstructed by any means.
(25) Notices. The Chief of Police may require that the following notice be posted in the event that any employee of the massage establishment or any person who has been aided and abetted by an employee of the massage establishment has been found, after full hearing by administrative proceeding or state court, to have violated or failed to comply with any of the operating requirements listed in § 5.28.050:
NOTICE TO ALL PATRONS
THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY THE CORONA POLICE DEPARTMENT WITHOUT PRIOR NOTICE.
(a) The notice set forth above shall be prepared and issued by the Chief of Police.
(b) The notices shall be conspicuously posted in a location within the massage establishment that are easily visible to any person entering the premises and in each massage room. The notice shall be so posted for 12 months following the violation of or failure to comply with any of the operating requirements set forth in § 5.28.050.
(c) The requirement for posting the notice described in this subsection is cumulative and in addition to all other remedies, violations and penalties set forth in this chapter or in the ordinances, laws, rules or regulations of the City of Corona, County of Riverside and the State of California.
(26) Prohibited massage areas. Except to the extent required, in writing, by a state licensed medical practitioner, no massage therapist or other person shall massage the genitals or anus of any patron or the breast(s) of any female patron. No massage therapist or other person, while performing any task or service associated with the massage business, shall be present in any room with another person unless the person's genitals, anus or, in the case of a female, her breast(s), are fully covered.
(27) Covering. No massage therapist shall massage any patron unless the person's genitals, anus and, in the case of a female, her breast(s), are fully covered at all times while the massage therapist or other employee is present in the same room as the patron.
(28) Identification cards. All massage therapists must carry identification and proof of California Massage Therapy Council certification at all times while present in the massage establishment. Such identification and proof of certification shall be provided to city regulatory officials upon demand.
(29) Massage locations. Unless performing a massage pursuant to home occupation massage permit, massage therapists shall not perform any massage at any location other than a massage establishment or at an outcall location booked by a massage establishment pursuant to § 5.28.050(A)(37).
(30) Names. While on duty, the massage therapist shall not use any name other than that specified on the certification issued by the California Massage Therapy Council.
(31) Clothing. Massage therapists and other persons shall be fully clothed at all times. While engaged in performing or administering massage services, massage therapists shall wear clothing that is fully opaque, made of non-transparent material, provides complete covering of their genitals, pubic area, buttocks, anal area and chest area and does not otherwise violate California Penal Code § 314. Massage therapists shall not dress in swim attire unless providing a water-based massage modality approved by the California Massage Therapy Council.
(32) Manager on premises. A manager shall be on the premises at all times the massage establishment is open. The operator of each massage establishment shall file a statement with the Chief of Police designating the person or persons with power to act as a manager. The operator shall also file with the Chief of Police a statement, as required by § 5.28.035(A)(13) above, signed and dated by each such designated manager certifying under penalty of perjury that they:
(a) Have received a copy of this chapter;
(b) Understand its contents; and
(c) Understand the duties of a manager as provided in this chapter. The operator and/or on-duty manager shall post, on a daily basis, the name of each on-duty manager in a conspicuous public place in the lobby of the massage establishment. The operator, or the manager in the operator's absence, shall be responsible for ensuring compliance with this chapter.
(33) Certified massage therapist on premises. At least one massage therapist holding a current, valid massage therapist or massage practitioner certification issued by the California Massage Therapy Council shall be on the premises and on duty at all times when the massage establishment is open.
(34) Display of permits and identification cards. The operator and/or designated manager(s) shall ensure the massage therapist or massage practitioner certification issued by the California Massage Therapy Council for each massage therapist employed at the massage establishment (whether on-duty or not) is conspicuously displayed in a public place in the lobby and that each massage therapist is wearing or has in their possession the identification required by § 5.28.050(A)(28) at all times when in the massage establishment. Such identification shall be provided to city regulatory officials upon demand.
(35) Operator/manager responsibility. An operator and/or on-duty manager shall be responsible for the conduct of all massage therapists and other employees while on the premises of the massage establishment. Any act or omission of any massage therapist or other employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator for proposes of determining whether the massage establishment permit shall be revoked, suspended, denied or renewed.
(36) Certified massage therapists. No operator or manager shall employ any person as a massage therapist who does not have a current, valid massage therapist or massage practitioner certification issued by the California Massage Therapy Council. Every operator or manager shall report to the Chief of Police any change of massage therapists or other employees, whether by new or renewed employment, discharge or termination, on the form and in the manner required by the Chief of Police. The report shall contain the name of the massage therapist or employee and the date of hire or termination. The report shall be submitted to the Chief of Police within five days of the date of hire or termination.
(37) Outcall massages. Incidental to the operation of a massage establishment, the operator and/or on-duty manager may allow massage therapists to perform massages services at a residence, business or other location occupied by the patron.
(38) Sterilizing equipment. Each massage therapist shall provide and maintain at the location where the massage is performed adequate equipment for disinfecting and sterilizing instruments used in massage.
(39) Discrimination. No operator or massage therapist may discriminate or exclude patrons on the basis of their race, sex, religion, age, disability or any other classification protected under federal or state laws, rules or regulations.
(40) Name of massage establishment. No massage establishment shall use any name or conduct business under any designation not specified in the massage establishment permit granted pursuant to this chapter.
(`78 Code, § 5.28.050.) (Ord. 3192 § 1, 2015; Ord. 3191 § 2, 2015; Ord. 3032 § 1 (part), 2010; Ord. 3028 § 1 (part), 2010; Ord. 2995 § 2, 2009; Ord. 2375 § 1, 1999.)