(A) General provisions. The operating requirements for a massage establishment and for an off- premises massage business are as set forth in division (B) below. The facilities requirements for a massage establishment are as set forth in division (C) below. No permit to conduct a massage establishment or an off-premises massage business shall be granted unless an inspection is made under the provisions of this section and it is determined that the applicant complies with the minimum requirements set forth in divisions (B) and (C) below as may be applicable. A permit previously issued shall be subject to revocation or suspension if any such requirements are not met. Proof of compliance with all applicable provisions of this section shall be provided to the City Recorder, Chief of Police or their authorized representatives upon request.
(B) Massage establishments and off-premises massage businesses.
(1) Each person employed or acting as a massage technician shall have a valid permit issued by the Administering Officer. No owner, operator, responsible managing officer, manager or permittee in charge of or in control of a massage establishment or off-premises massage business shall employ or permit a person to act as a massage technician who is not in possession of a valid massage technician permit issued pursuant to the provisions of §§ 111.30 to 111.34.
(2) Massage services may be provided only between the hours of 7:00 a.m. and 11:00 p.m. A massage establishment shall have at least one person who has a valid massage technician permit on the premises at all times while the establishment is open for business.
(3) A list of services available and the cost of such services shall be posted in an open and conspicuous place on the business premises. The services shall be described in readily understandable language.
(4) The owner, operator, responsible managing employee, manager or permittee of a massage establishment or an off-premises massage business shall display in an open and conspicuous manner on the business premises the permit issued therefor and a true and correct copy of the permit of each and every massage technician employed thereby, and shall provide to every patron who so requests the information contained in such permits.
(5) A permittee shall notify the Kanawha-Charleston Health Commissioner and the City Recorder in writing, within 48 hours of any change in personnel with regard to massage technicians.
(6) Every permittee operating a massage establishment shall cause to be kept, and every off-premises massage technician employed by an off-premises massage business shall keep, a record of the date, hour and place of each treatment, the name of the massage technician administering such treatment and the type of treatment administered. Each patron shall be required to supply reliable verification of his or her identity. Such record shall be open to inspection by officials charged with the enforcement of these provisions for the purposes of law enforcement and for no other purpose. The information furnished or secured as a result of any such inspection shall be confidential. Any unauthorized disclosure or use of such information by any officer or employee of the county shall constitute a misdemeanor, and any such officer or employee shall be subject to the penalty provisions of this chapter in addition to any other penalties provided by law. Such records shall be maintained for a period of two years.
(7) No person owning, operating or managing a massage establishment or an off- premises massage business shall knowingly cause, allow or permit any agent, employee or any other person under his or her control or supervision to perform acts prohibited by state or local laws or ordinances. KNOWINGLY includes both actual and constructive knowledge.
(8) No massage establishment or off-premises massage business holding a permit under this chapter shall depict, place, publish, distribute or cause to be depicted, placed, published or distributed any advertising matter that suggests to prospective patrons that any services are available other than those services permitted by this chapter, or which would suggest that employees, attendants or massage technicians are dressed in any manner other than that permitted by this chapter, and all advertisements shall contain the number of the permit held by the massage establishment or the off- premises massage business.
(9) No massage establishment or off-premises massage business shall operate as a school of massage, nor operate in the same location, nor use the same facilities as that of a school of massage except as otherwise may be provided by law.
(10) All massage technicians, employees and attendants shall wear clean, nontransparent outer garments covering the sexual or genital areas, the use of which garments is restricted to the massage establishment, or in the case of an off-premises massage business, to the location where massage services are administered.
(11) The sexual or genital areas of patrons shall be covered with towels, clothes or undergarments when in the presence of an employee, attendant or massage technician, whether in a massage establishment or, in the case of an off-premises massage business, at any location where off- premises massage is administered.
(12) No person employed by a massage establishment or by an off-premises massage business shall place his or her hand upon or shall touch with any part of his or her body, or shall fondle in any manner, or shall massage, a sexual or genital area of any patron.
(C) Massage establishments.
(1) The Environmental Health Division of the Kanawha-Charleston Health Department shall, from time to time, and at least once a year, make an inspection of each massage establishment in the county for the purposes of determining that the health provisions of the law of the state and this chapter are met. The actual costs of any such inspection shall be added to the annual permit renewal fee.
(2) (a) A minimum of one bathtub or shower and one toilet and wash basin shall be provided for the patrons in every massage establishment location; however, if male and female patrons are to be served simultaneously at such establishment, separate toilet facilities shall be provided for male and female patrons. In those establishments where steam rooms or sauna baths are provided, if male and female patrons are to be served simultaneously, separate steam rooms and sauna rooms shall be provided for male and female patrons. Hot and cold running water under pressure shall be provided to all wash basins, bathtubs, showers and similar equipment. Each wash basin shall be provided with soap or detergent and sanitary towels placed in permanently installed dispensers. A trash receptacle shall be provided in each toilet room. In addition to the wash basin provided for patrons, a minimum of one separate wash basin shall be provided in each massage establishment, which basin shall provide soap or detergent and hot and cold running water at all times and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, there shall be provided at each wash basin, sanitary towels placed in permanently installed dispensers.
(b) If the wash basin for the patrons is not in the toilet room, but is adjacent thereto, this wash basin shall meet the separate wash basin requirement if it is reasonably close to the area devoted to the performing of massage. Water supplies serving the facility must meet the approval of the Kanawha-Charleston Health Department. Sewage disposal system serving the facility must meet the approval of the Kanawha Charleston Health Department.
(3) Reasonable ventilation shall be provided in accordance with the standards as provided by the Kanawha-Charleston Health Department and city zoning ordinances.
(4) Minimum lighting shall be provided in accordance with standards as provided by the Health Department and Building Commission and, in addition, at least one artificial light of not less than 60 watts shall be provided in each enclosed room or booth where massage services are being performed on a patron.
(5) All walls, ceilings, floor, 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, compartments and toilet rooms shall be thoroughly cleaned at least once each day the establishment is in operation. Bathtubs and showers shall be thoroughly cleaned and sanitized after each use.
(6) Clean and sanitary towels, sheets and linens shall be provided for each patron of the 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 person unless they have been first relaundered. Heavy white paper may be substituted for sheets; provided, that such paper is used once for each person and 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 linen”, “soiled linen”.
(7) Disinfecting agents and sterilizing equipment approved by the Health Department shall be provided for any instruments used in performing any massage.
(8) Pads used on massage tables shall be covered in a workmanlike manner with durable, washable plastic or other waterproof material acceptable to the Health Department.
(9) All exterior doors shall be unlocked from the interior side during business hours.
(10) A separate locker shall be provided for each person to be served, which locker shall be capable of being locked and available at no extra charge.
(11) No person shall enter, be or remain in any part of a massage establishment while in the possession of, consuming or using any alcoholic beverage or drugs. The owner, operator, responsible managing officer, manager or permittee shall not permit any such person to enter or remain upon such premises.
(12) A readable sign shall be posted at the main entrance identifying the establishment as a massage establishment; provided, that all such signs shall comply with the sign requirements of the Kanawha County Planning Commission.
(Prior Code, § 1123.05) (Ord. 84-7, passed 9-4-1984)