It is unlawful for any independent massage therapist or massage establishment licensee, or a principal or employee thereof, to do any of the following:
A. Any massage establishment, manager in charge or person acting for the massage establishment, to employ, in any capacity, any person who is not at least eighteen (18) years of age.
B. Any person licensed under this chapter to operate under any name or conduct business under any designation not specified in such license or to engage in the business of operating a massage establishment under a false or assumed name when the use of such false or assumed name is not otherwise permitted by law, or is impersonating another practitioner of a like or different name.
C. Any massage therapist or employee to expose his or her genitals, buttocks, chest or breasts, or make any intentional, occasional or repetitive contact with a patron's specified anatomical areas.
D. Any massage establishment owner, massage therapist or employee to be present in any room with a patron unless the patron's specified anatomical areas are fully covered.
E. Any massage establishment, massage therapist, employee, agent, representative or patron to engage in or solicit sexual activity from any person, at any time within a massage establishment. These acts are unlawful if they occur at any time within a massage establishment, regardless of whether the activity occurs during the course of a massage and regardless of whether the person consents. It shall also be a violation if the massage establishment, employee, agent, massage therapist, or representative, initiates sexual activity with or encourages sexual activity from the person regardless of whether the sexual activity actually occurs.
F. Any person to possess or consume any alcoholic beverages on the premises of any massage establishment.
G. Any gaming as defined in this title to occur on the premises wherein the business of massage is conducted.
H. A massage establishment to employ any person who is not legally qualified to work in the United States.
I. Any individual that is not a patron, employee, or massage therapist of the massage establishment to be present in any area of the massage establishment identified as, or designated for, employees only or intended for patron services during operating hours.
J. Any massage establishment, employee, or independent massage therapist, or other person to use the massage establishment premises as a residence or sleeping quarters.
K. Any massage establishment, employee, independent contractor, or other person acting on behalf of any of the foregoing to fail to allow any agents or officers of the division, Code Enforcement, Police Department or State or County regulatory agencies access to the premises for administrative inspections or to hinder such representative while performing such inspection.
L. Any massage establishment owner or manager in charge to fail to report to the division any arrest that occurs on the premises of the massage establishment of which it has actual or constructive knowledge, within three (3) calendar days of the arrest, regardless of whether the person arrested is an employee, patron or independent massage therapist, if the arrest is related to activities that occurred on the premises of the massage establishment.
M. Subsections F and G of this section shall not apply in cases where the massage establishment is located within a facility such as, but not limited to a hotel, resort hotel, athletic club, etc., and where gaming or alcohol is legally permitted. In such cases, the prohibition of alcoholic beverages and gaming shall only apply to the area of the facility dedicated to the use of the massage establishment. (Ord. 542, 8-28-2018, eff. 9-18-2018)