A. General conditions. All massage establishments shall comply with the following general conditions, and any other conditions specified by the City, which are consistent with applicable state law.
1. Name specified in permit. No person granted a permit pursuant to this Chapter shall use any name or conduct business under any name or designation not specified in his or her permit. This prohibition includes advertising under any name or designation not specified in his or her permit.
2. Employ only massage technicians with current and valid massage certificate. No permittee shall employ any person as a massage technician in that capacity who does not have a current and valid certificate issued by CAMTC, pursuant to Cal. Bus. & Prof. Code §§ 4600 et seq. (or successor provision or provisions), or whose certificate is not in good standing.
3. Manager on the premises at all times. All massage establishments required to have a permit under this Chapter shall have a manager on the premises at all times when the massage establishment is open for business. The permittee as represented in the approved application for a massage establishment permit shall be deemed a manager for the purposes of this Section. Any additional managers must submit to the City all required information under § 11.07.030 of this Chapter, and must be approved by the Permit Administrator, before serving as a manager. Said amended or supplemental information to the approved application shall be accompanied by a fee to cover the reasonable costs associated with this investigation.
4. Permit and massage certificates displayed. The massage establishment permit and the massage certificate for each massage technician shall be displayed in an open and conspicuous place readily visible, such as in the lobby of the massage establishment.
5. Hours of operation. The hours of operation must be posted in the front window or facade of the building where the massage establishment is located, and clearly visible from the outside.
6. At least one (1) certified massage technician on the premises at all times. No massage establishment required to be permitted under this Chapter shall open for business without having at least one massage technician who holds a current and valid massage certificate for that specific massage establishment. There shall be at least one (1) massage technician who holds a current and valid massage certificate on the premises at all times when the establishment is open.
7. Permittee responsibility. All permittees and all of their responsible persons and managers shall be responsible for the conduct of all employees or independent contractors while they are on the massage establishment premises. Any act or omission of any employee or independent contractor constituting a violation of the provisions of this Chapter shall be deemed the act or omission of the permittee for purposes of determining whether the permit shall be revoked, suspended, or not renewed.
8. Attire. All employees, including massage technicians, shall at all times while on the business premises, wear clean clothing that is not transparent, see-through or which substantially exposes undergarments, breasts, buttocks or genitals.
9. Prohibited conduct and activities. It is unlawful for permittees, their responsible persons, managers, employees, independent contractors, off-premises massage services, or massage technicians, to conduct, engage in, cause, allow, or permit any of the following conduct or activities:
a. Any sexual activity upon the premises of the massage establishment or the off-premises massage location.
b. Expose specified anatomical areas in the presence of any client, patron, customer, or guest.
c. Make intentional physical contact with the specified anatomical areas of any client, patron, customer, or guest.
10. Register of personnel. The permittee shall maintain a register listing all massage technicians, including employees and independent contractors. Said register shall be maintained on the premises for a minimum period of two (2) years after massage technicians cease their employment. The permittee shall make the personnel register immediately available for inspection upon demand of a representative of the City at all reasonable times. The personnel register shall include, but not limited to, the following information:
a. The proper name of the massage technician, including his or her first, middle, and last name(s).
b. Any nicknames, pseudonyms, or aliases used by the massage technician.
c. The massage technician's current residence address and relevant phone numbers (including, but not limited to, home and cellular numbers).
d. The age, date of birth, gender, height, weight, color of hair and eyes of each massage technician.
e. The Social Security number of each massage technician.
f. The date of hire, and if applicable, termination.
g. All information contained in a massage technician's massage certificate, including certificate number, date of issuance, and expiration date.
h. The duties of each massage technician.
11. Compliance with applicable laws. At all times, all permittees, responsible persons, managers and all employees and massage technicians shall comply with all provisions of this Chapter, and any applicable provisions of this Code, local laws, of State of California laws.
B. Facilities. All massage establishments shall comply with the following operating requirements for facilities and any other conditions specified by the City.
1. Real property, and structures thereon. The premises, and structures, alterations, or improvements thereon, in which a massage establishment is proposed to be located on, or is located, shall comply with all applicable laws, including, but not limited to zoning, fire, and building standards, Codes, and regulations.
2. Treatment or services list. The permittee shall post and maintain a list of treatments or services available and the cost of such treatments or services in an open and conspicuous place of the massage establishment and in any other location on the premises as the permittee deems appropriate. No permittee shall allow, cause, or permit, and no massage technician shall offer or perform, any treatment or service other than those posted.
3. Ventilation and lighting. Minimum ventilation and lighting shall be provided in accordance with the City's Building Code and other adopted California codes pertaining to structures or construction. Minimum lighting must be provided in accordance with the City's Building Code, and, in addition, at least one (1) unobstructed artificial light of not less than nine hundred (900) lumens must be provided in each enclosed room or booth where massage services are being performed on a patron.
4. Requirements for toilet facilities. A minimum of one (1) toilet and one (1) separate washbasin shall be provided for the patrons in every massage establishment. Each washbasin shall provide soap or detergent, hot and cold running water at all times, and shall be located within close proximity to the massage rooms. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser shall be provided at the restroom washbasin. Bar soaps shall not be used. A trash receptacle shall be provided in each toilet room.
5. Bathing, dressing, and locker facilities. If a massage establishment requires patrons to be separated from their possessions or valuables during their massage or while at the massage establishment, then patrons must be provided a location or means to secure those items. If a shower is included in the premises, the shower facility shall be equipped with soap or detergent and hot and cold running water at all times, and shall be located within close proximity to the massage rooms. Bar soap may not be used.
6. Separate rooms. If male and female patrons are to be treated simultaneously at the same massage establishment, separate massage rooms, dressing, bathing and toilet facilities shall be available for male and female patrons upon request. Any separate facility or room shall be clearly marked as such.
7. Maintaining and cleaning rooms and facilities. All walls, ceilings, floors, pools, showers, bathtubs, wet and dry heat rooms, steam or vapor rooms, tables and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms or cabinets, showers, compartments and toilet rooms shall be thoroughly cleaned and disinfected at least once each day the business is in operation. Bathtubs shall be thoroughly cleaned and disinfected after each use.
8. Massage table coverings. Pads used on massage tables shall be covered with durable, washable plastic or other waterproof material acceptable to the City or the County Health Department.
9. Front door. One front door that enters into the lobby or other waiting room shall be provided for customer, client or patron use. All customers, clients, and patrons, and any other persons other than employees shall be required to enter and exit through the front door of the establishment.
C. Operations of massage establishments. Permittees, their responsible persons, managers and all those performing services at the massage establishment who have a massage certificate, shall comply with the following massage establishment operating requirements, and any other conditions specified by the City.
1. Clean and sanitary towels and linens. Clean and sanitary towels, sheets and linens shall be provided for each patron of the massage establishment or each patron receiving massage services. No common use of towels or linens shall be permitted. Towels, sheets and linens shall be provided in sufficient quantity and shall not be used by more than one (1) person unless they have been first laundered. Heavy white paper may be substituted for sheets; if such paper is used once for each person then discarded into a sanitary receptacle. Separate closed cabinets or containers shall be provided for the storage of clean and soiled linen and shall be plainly marked clean and soiled.
2. Sterilized equipment. Disinfecting agents and sterilizing equipment approved by the County Health Department shall be provided for any instruments used in performing any massage.
3. Living quarters prohibited. No person or persons shall be allowed to reside, dwell, occupy or live inside the massage establishment at any time.
4. Alcohol or drugs prohibited. No person shall enter, be in, or remain in or on, any part of a massage establishment while in the possession of, consuming, or using or under the influence of, any alcoholic beverage or controlled substance. permittees, responsible persons and managers shall each be responsible to ensure that no such person shall enter or remain upon the premises of the massage establishment. Service of alcoholic beverages is prohibited on the premises.
5. Adult oriented merchandise prohibited. The use or possession of adult oriented merchandise in or on any part of a massage establishment is prohibited.
6. Recordings. No electrical, mechanical, or artificial device shall be used by any persons employed by or contracted with the permittee, or any of its employees, agents or representatives, including without limitation the massage technician, for audio or video recording, or for monitoring the performance of a massage, or the conversation or other sounds in the massage rooms, without the knowledge and written consent of the patron.
7. Client draping. Massage clients, patrons and customers must wear some form of clothing or draping, which ensures coverage of the genital area, anus and female breasts. No common use of such coverings shall be permitted and reuse is specifically prohibited, unless adequately laundered prior to its re-use.
8. Maintaining treatment and service records. The permittee shall cause a record to be maintained of the dates and hours of each treatment or service, the name and address or other contact information for the patron, the name of the massage technician administering such treatment or service, and a description, or the type, of treatment or service administered. These records shall be prepared prior to administering any massage, service or treatment, and shall be retained for a period of one (1) year after such treatment or service. There records shall be open to inspection upon demand only by officials charged with enforcement of this Chapter or emergency personnel for emergency purposes, and for no other purpose. City and County officials as designated in this Chapter may routinely and periodically inspect the records to ensure compliance with this section. The information furnished or secured as a result of any such records shall be used only to ensure and enforce compliance with this Chapter, or any other applicable local, state or federal laws, and shall remain confidential. Any unauthorized disclosure or use of such information by the permittee, responsible person, manager, employee, or independent contractor of the massage establishment shall constitute a misdemeanor.
9. Hours of operation. Massage operations shall be carried on or conducted, and the premises shall be open, only between the hours of eight (8:00) a.m. and ten (10:00) p.m. The applicant must advise the City, in writing, at the time of submission of the application for a massage establishment permit, of the hours of operation within the times set forth above. The permittee shall notify the City, in writing, at least thirty (30) calendar days before the date of the effective change, of any changes in the hours of operation. No person shall operate a massage establishment or administer a massage in any massage establishment or administer an off-premises massage between the hours often (10:00) p.m. and eight (8) a.m. All customers, clients, patrons, and visitors shall be excluded from the massage establishment during these hours and be advised of these hours. Any massage beginning at any time before ten (10:00) p.m. must terminate at ten (10:00) p.m.
10. Areas designated for persons with disabilities. Nothing in this Chapter exempts a massage establishment from complying with all applicable local, state and federal laws and regulations pertaining to persons with disabilities.
11. Doors. All exterior doors (except back or rear exterior doors used only for employee entrance to and exit from the massage establishment) shall remain unlocked during business hours, unless the massage establishment is a sole proprietor with no employees (including independent contractors). All interior doors (other than bathroom doors), including, but not limited to, all doors leading to customer areas, the front reception, hallway or front exterior doors, shall not have any locking mechanisms. A door leading from the lobby areas to customer areas, if any, shall not have any locking mechanism or be capable of being locked or blocked to prevent entry, in any manner.
12. Access. No person(s) other than a permittee, permittee's authorized personnel or customers shall be allowed beyond the front lobby, which shall be located directly inside the front door entrance, during the hours of operation. Each other person found beyond the first interior door leading to the inside of the business including, but not limited to, hallways, massage rooms, reception, or business offices, or lounge area will be in violation of this Section. Entry doors to all rooms shall not be obstructed by any means. This subsection shall not apply to City and County officials responsible for enforcing the provisions of this Chapter, or any applicable law, or who are conducting administrative periodic and routine inspections as discussed herein.
13. Discrimination. No massage establishment may discriminate or exclude patrons on in violation of local, state and federal laws and regulations.
14. Notices. The following notice shall be posted in every massage establishment in a conspicuous place in that is easily visible to all persons entering the premises and in each massage room:
NOTICE TO ALL PATRONS
THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS ARE NOT LOCKED FOR YOUR SAFETY AND PROTECTION. THIS ESTABLISHMENT IS SUBJECT TO INSPECTION BY CITY OF CULVER CITY OFFICIALS, INCLUDING THE CULVER CITY POLICE DEPARTMENT, AS WELL AS COUNTY HEALTH OFFICIALS, WITHOUT PRIOR NOTICE.
The language for said notice set forth above may be amended by Permit Administrator. Every massage establishment required to post this notice shall be required to pay for the cost of all notices required by this section.
(Ord. No. 2016-009 § 2 (part))