(a) No person holding a permit under this chapter shall treat a person of the opposite sex, except upon the signed order of a licensed physician, osteopath, chiropractor or registered physical therapist, which order shall be dated and shall specifically state the number of treatments, not to exceed ten. The date and hour of each treatment given and the name of the operator shall be entered on such order by the establishment where such treatments are given and shall be subject to inspection by the Police Administrator pursuant to Section 840.19. This subsection does not apply to treatments given in the residence of a patient; the office of a licensed physician, osteopath or registered physical therapist or chiropractor; or in a regularly established and licensed hospital or sanitarium.
(b) No person, in a massage establishment, shall place his or her hand on, touch with any part of his or her body, fondle in any manner or massage, the sexual or genital area of another person.
(c) No person, in a massage establishment, shall expose his or her sexual or genital area, or any portion thereof, to another person, or expose the sexual or genital area, or any portion thereof, of another person.
(d) No person, while in the presence of another person in a massage establishment, shall fail to conceal, with a fully opaque covering, the sexual or genital area of his or her body.
(e) No person owning, operating or managing a massage establishment shall knowingly cause, allow or permit in or about such establishment, an agent, employee or other person under his or her control or supervision to perform acts prohibited in subsection (a), (b) or (c) hereof.
(f) No permittee under this chapter shall administer massage on an outcall basis. Such person shall administer massage solely within an establishment licensed to carry on such business under this chapter. Any violation of these provisions shall be deemed grounds for revocation of the permit granted under this chapter.
The restriction on outcall massage shall not apply to a permittee who performs outcall massage upon a customer or client who, because of reasons of physical defects or incapacities or due to illness, is physically unable to travel to the massage establishment. If any outcall massage is performed under this exception, a record of the date and hour of each treatment, the name and address of the customer or client, the name of the employee administering such treatment and the type of treatment administered, as well as the nature of the physical defect, incapacity or illness of such customer or client, shall be kept by the licensee or person or employee designated by the licensee. Such record shall be open to inspection by officials charged with the enforcement of public health laws. The information furnished or secured as a result of any such inspection shall be confidential, and no person shall make any unauthorized disclosure or use of such information.
(g) No massage service shall be carried on in any cubicle, room, booth or area in a massage establishment which is fitted with a door capable of being locked. Each door or doorway covering in a massage establishment shall have an unobstructed opening, six inches by six inches in size, capable of clear two-way viewing into and out of the cubicle, room or booth. The opening shall be not less than four and one-half feet from the floor of the establishment or more than five and one-half feet therefrom. A toilet or a cubicle used solely for the application of liquid and vapor baths shall have no such opening in the covering door or curtain, but shall be clearly marked as to purpose on the exterior door or curtain of such toilet or cubicle. Nothing contained in this subsection shall be construed to eliminate other requirements of statutes or ordinances concerning the maintenance of premises, or to preclude authorized inspection thereof, whenever such inspection is deemed necessary by the Division of Police or the Board of Health.
(Ord. 83-29. Passed 7-18-83.)