Each permittee, and any and all persons acting on behalf of the permittee, shall conduct the massage establishment business in a safe and sanitary manner, and shall:
(a) Comply with all applicable building, fire, safety, health, electrical, plumbing, mechanical, heating and ventilating, and sanitation codes and other laws applicable to the premises.
(b) Provide for the regular removal of garbage and refuse, and the safe storage or removal of flammable materials.
(c) Maintain all equipment used to perform massage services in a safe and sanitary condition, including the regular application of cleansers and bacterial cleaning agents.
(d) Launder all materials furnished for the personal use of the client, such as towels and linens, before each use. The massage establishment must provide clean and sanitary towels, sheets and linens; no common use or reuse of these items is allowed.
(e) Maintain all bathroom and plumbing fixtures in a sanitary condition, provide hot and cold running water, and comply with sanitation requirements of the county health department.
(f) Provide a wash basin for therapists and employees, located within or as close as practicable to the area devoted to the massage therapy services. Each wash basin shall be equipped with hot and cold running water, soap in a dispenser and sanitary towels.
(g) Provide either a separate room or dressing and locker facilities for each client. However, dressing and undressing may occur in the same room as massage therapy if the client is alone in the room with the door(s) closed and opaque coverings are present on any windows while undressing or dressing. The massage therapist or other clients may not be present in the same room when the client is undressing.
(h) Maintain at least one closed cabinet or bin for clean linens and towels, and another closed cabinet or bin for soiled linens and towels.
(i) Maintain all walls, ceilings, floors, pools, showers, bathtubs, steam and vapor rooms, and all physical facilities in good repair and in clean and sanitary condition. Walls in all rooms where water or steam baths or showers are taken shall have washable, mold-resistant surfaces, wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, showers and bathrooms, tanning booths, whirlpool baths and pools shall be thoroughly cleaned and disinfected at least once per business day.
(j) Maintain all massage liquids, powders, creams, or other preparations in clean, closed, labeled containers. Powders must be kept in clean shakers or containers.
(k) Cover all massage tables with durable, washable plastic or some other waterproof material; a clean sheet or heavy paper must be placed over any table, floor or other area where the patron will lie. Pads of more than four inches thick and more than four feet wide may not be used. Beds, mattresses and waterbeds may not be used in the administration of a massage.
(l) In each room or cubicle where a massage is administered, have lighting whenever the area is occupied equivalent to a minimum of an incandescent 25-watt clear-glass light bulb.
(m) For a massage establishment in which the therapist or practitioner is an employee, all massage services shall be paid for in the reception area, and all tips, if any, shall be paid in the reception area. For a massage establishment at which a therapist or practitioner is an independent contractor, all massage services and all tips, if any, may be paid in the same room where the massage occurred, provided the door to the room is fully open.
(n) Comply with the portions of the Massage Therapy Act (Business and Professions Code § 4608) relating to the requirements that a certificate holder display his or her original certificate wherever he or she provides massage for compensation; and to have his or her identification card in his or her possession while providing massage services for compensation.
(o) Comply with the portions of the Massage Therapy Act (Business and Professions Code § 4609(a)) relating to sexual acts, including not allowing certificate holders to engage in any form of sexual activity on the premises of a massage establishment where a massage is provided for compensation, excluding a residence; engage in sexual activity while providing massage services for compensation; provide massage of the genitals or anal region; or to provide massage of female breasts without the written consent of the person receiving the massage and a referral from a licensed California health care provider.
(p) Comply with the portions of the Massage Therapy Act (Business and Professions Code §§ 4608, 4609, 4611) relating to advertising, including requiring certificate holders to include the name under which he or she is certified and his or her certificate number in any and all advertising of massage for compensation; not engage in sexually suggestive advertising related to massage services; not hold him- or herself out as a certified massage therapist or practitioner, or use terms such as "licensed" or "certified," that implies that an uncertified person is certified as a massage therapist or practitioner; not falsely state or advertise or put out any sign or card, or to falsely represent to the public, that any individual is licensed, certified, or registered as a massage therapist or practitioner if that individual is not so certified.
(q) Comply with the portions of the Massage Therapy Act (Business and Professions Code § 4609) related to dressing requirements, including dressing while engaged in the practice of massage for compensation, or while visible to clients in a massage establishment, in attire that is not: transparent, see-through, or substantially exposes the certificate holder's undergarments; swim attire, if not providing a water-based massage modality approved by CAMTC; in a manner that exposes the certificate holder's breasts, buttocks, or genitals; in a manner that constitutes a violation of § 314 of the Penal Code; or a manner that has been deemed by CAMTC to constitute unprofessional attire.
(r) Not serve or permit the consumption of alcoholic beverages nor permit the consumption of any drugs, except pursuant to a valid prescription.
(Ord. 681, § 2, 2016)