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(A) Any massage technician whose permit is issued on or after the effective date of this article, and any massage business or establishment owned and/or operated by a permittee whose permit is issued on or after the effective date of this article, shall only provide massage therapy between the hours of 8:00 a.m. and 8:00 p.m.
(B) Upon renewal of a massage technician permit or upon renewal of a massage establishment permit, massage therapy shall only be provided between the hours of 8:00 a.m. and 8:00 p.m.
(Ord. No. 2811, 2823)
(A) No massage business or establishment owned and/or operated by a permittee shall state, advertise, put out any sign, card, or other device, or represent to the public through any print or electronic media that a person who provides massage therapy at that business or establishment is certified, registered, or licensed as a "massage therapist" or "massage practitioner" if that person does not possess a valid massage therapy certificate.
(B) No massage business or establishment owned and/or operated by a permittee and no massage technician shall advertise through any print or electronic media that appears to be for adults only based on its classification, other advertising contained therein, words used within, or title.
(Ord. No. 2811)
It shall be unlawful for any massage business or establishment owned and/or operated by a permittee to employ any persons under 18 years of age or to provide massage therapy to any person under 18 years of age, except at the special instance and request of a parent, guardian, or other person in lawful custody of said minor.
(Ord. No. 2811, 2851)
The following facility requirements shall be applicable to all massage businesses and establishments described in Cal. Business and Professions Code, Section 4612, subdivision (b), paragraph (1):
(A) Separate, enclosed rooms or cubicles to provide individual space and privacy shall be provided to each customer while massage therapy is administered. Each massage room or cubicle shall contain a wash basin with hot and cold running water, soap or detergent, and a sanitary towel dispenser for use by the massage practitioner, massage therapist, or massage technician.
(B) Except where there is no staff available to assure security for massage therapy customers and massage staff who are behind closed doors, no massage therapy may be administered behind locked, closed doors.
(C) Minimum lighting in accordance with the city building code and at least one additional artificial light of not less than 40 watts shall be provided in each enclosed massage therapy room or cubicle.
(D) Massage tables with a minimum height of 18 inches shall be used for all massage therapy and shall be used only in massage therapy treatment rooms or cubicles. Beds and floor mattresses are not permitted on the premises of the business or establishment.
(E) All locker facilities that are provided for the use of customers shall be fully secured for the protection of the customer's valuables, and the customer shall be given control of the key or other means of access.
(F) Ventilation shall be in accordance with the city building code.
(G) Hot and cold running water and potable drinking water shall be accessible to customers and to staff of the massage business or establishment.
(H) Public toilet facilities shall be provided in accordance with the city building code.
(I) In each enclosed room or cubicle where massage therapy is administered and in the designated reception or payment area, a sign easily visible to customers shall be posted stating: “THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY CITY, COUNTY, AND/OR HEALTH OFFICIALS WITHOUT PRIOR NOTICE.” Such signs shall be printed with letters that contrast against the background material and measure not less than one-half inch in height.
(Ord. No. 2811, 2823, 2851)
The following facility requirements shall be applicable to all massage businesses and establishments owned and/or operated by permittees:
(A) All requirements set forth in Sec. 11-242 above, with the exception of subdivision (B).
(B) A readable sign which complies with all applicable code requirements shall be posted at the main entrance identifying the establishment as a massage business or establishment.
(C) A sign identifying the operating hours of the massage business or establishment shall be posted in an open and conspicuous public place at the business or establishment. Customers shall be allowed inside massage businesses or establishments only during posted operating hours.
(D) No person may be inside any massage business or establishment from two hours after the posted closing time until one hour prior to the posted opening time.
(E) A list of available services and the duration and cost of such services shall be posted in an open and conspicuous public place at the business or establishment. No services shall be offered or performed at the business or establishment unless so posted, and no sums shall be charged for services other than those posted.
(F) (1) All arrangements for services to be performed shall be made in a room in the massage business or establishment that is not used for the administration of any available service. No massage technician shall, after the commencement of any service for any customer, advise, suggest, or otherwise indicate to such customer that additional services could be performed. No massage technician shall perform any service for any customer which was not requested by such customer when the initial arrangements for services were made.
(2) After arrangements for services to be performed have been made with any customer as set forth in paragraph (1) of this subdivision and prior to the commencement of any service for said customer, a written record shall be made containing the following information:
(a) The date and hour of each treatment or service;
(b) The name and address of the customer;
(c) The name of the massage practitioner, massage technician, or massage therapist who administered such treatment or services;
(d) A description of the services requested by the customer when the initial arrangements for services were made.
(3) The written records described in paragraph (2) of this subdivision shall be open to inspection upon demand only by officials charged with enforcement of this article to ensure compliance with this subdivision or any other applicable state or federal laws and shall remain confidential.
(G) If male and female customers are to be served simultaneously at the massage business or establishment, separate bathing, separate massage rooms or cubicles, separate dressing facilities, and separate toilet facilities shall be provided for male and for female customers.
(H) A massage business or establishment shall not be located within 1,000 feet of another massage business or establishment, an adult book store, or an adult movie theater, measured in a straight line from the nearest wall of the massage business or establishment to the nearest wall of the other business. The foregoing sentence does not apply to:
(1) An adult massage business or establishment, which is subject to the locational requirements of Sec. 16-337 of this code.
(2) A massage business or establishment that is operated on the same premises as another type of business, other than an adult business, and by the same persons who operate the other business; that occupies less than 30% of the square footage occupied by both businesses; and that is the source of less than 30% of the annual revenue derived from both businesses.
(I) A manager and/or permittee shall be present at the massage business or establishment at all times during operating hours. The manager and/or permittee shall be familiar with the requirements of this article and be capable of communicating the provisions of this article to employees and customers of the business or establishment.
(J) No massage therapy may be administered within any massage room or cubicle which is fitted with a door capable of being locked. The front door of the massage business or establishment and doors separating the waiting or reception area from the remainder of the premises shall remain unlocked during operating hours and shall not be fitted with electronic locking devices.
(K) No massage business or establishment shall be equipped with any electronic videotaping or audio recording device for monitoring the activities, conversations, or other sounds in said massage business or establishment.
(Ord. No. 2811, 2823)
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