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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)
(A) The following health and safety requirements shall be applicable to all massage businesses and establishments described in Cal. Business and Professions Code, Section 4612, subdivision (b), paragraph (1):
(1) An adequate supply of clean sanitary towels, coverings, and linens shall be available at all times, and all massage tables shall be covered with a clean sheet or other clean covering for each customer. After a towel, covering, or linen has been used for one customer, it shall be deposited in a closed receptacle and not used until properly laundered and sanitized. Clean towels, coverings, and linens shall be stored in closed, clean, cabinets when not in use.
(2) All massage therapy rooms or cubicles, wet and dry heat rooms, steam rooms, toilet facilities, shower compartments, hot tubs, and pools shall be thoroughly cleaned and disinfected as needed and each day the business or establishment is in operation. All bathtubs shall be thoroughly cleaned and disinfected after each use.
(3) All liquids, creams, or other preparations used on or made available to customers shall be kept in clean and closed containers. Powders may be kept in clean shakers. All bottles and containers shall be distinctly and correctly labeled to disclose their contents. When only a portion of a liquid, cream, or other preparation is to be used on or made available to a customer, it shall be removed from the container in such a way as not to contaminate the remaining portion.
(4) All bathrobes or other garments that are provided for the use of customers shall be either fully disposable and shall not be used by more than one customer or shall be laundered and sanitized after each use.
(5) All footwear such as sandals or flip-flops that are provided for the use of customers shall be either fully disposable and shall not be used by more than one customer or shall be fully disinfected after each use.
(6) All combs, brushes, and/or other personal items of grooming or hygiene that are provided for the use of customers shall be either fully disposable and shall not be used by more than one customer or shall be fully disinfected after each use.
(7) The customer's genitals, pubic area, anus, and female patron's breasts below a point immediately above the top of the areola must be fully draped at all times while any employee of the business or establishment is in the massage therapy room or cubicle with the customer. No massage therapy shall be provided to a customer that results in intentional contact or occasional and repetitive contact with the genitals, anus, or areola of a customer.
(B) The following health and safety requirements shall be applicable to all massage businesses and establishments owned and/or operated by permittees:
(1) All requirements set forth in subdivision (A) of this section.
(2) Only one customer and only one massage technician shall be present in the massage room or cubicle from the time the customer enters the massage room or cubicle until the customer exits the massage room or cubicle.
(3) Notwithstanding any provision set forth in this article, only customers, managers, employees, massage technicians, and permittees shall be permitted in any massage room or cubicle or any break room or rest area during operating hours.
(Ord. No. 2811, 2823, 2851)
The following attire and physical hygiene requirements shall be applicable to all permittees, massage practitioners, and massage therapists who are employed or retained by or who provide massage therapy at a massage business or establishment described in Cal. Business and Professions Code, Section 4612, subdivision (b), paragraph (1) or at a massage business or establishment owned and/or operated by a permittee:
(A) All persons shall be clean and wear clean and sanitary outer garments at all times. All outer garments shall be of a fully opaque, nontransparent material and provide complete covering from at least the mid thigh to two inches below the collarbone. The midriff may not be exposed.
(B) All persons shall thoroughly wash their hands with soap and water or any equally effective cleansing agent immediately before providing massage therapy to a customer. No massage therapy shall be provided upon a surface of the skin or scalp of a customer where such skin is inflamed, broken (i.e. abraded, cut), or where a skin infection or eruption is present.
(C) No person afflicted with an infection or parasitic infection capable of being transmitted to a customer shall knowingly provide massage therapy to a customer or remain at a massage business or establishment while so infected or infested.
(Ord. No. 2811)
(A) All massage businesses and establishments described in Cal. Business and Professions Code, Section 4612, subdivision (b), paragraph (1) and all massage businesses and establishments owned and/or operated by permittees shall permit representatives of the health department, police department, fire department, license collector, and/or other city or county departments or agencies to conduct reasonable inspections of the massage business or establishment, from time to time, during regular business hours, to ensure compliance with state and local laws, including but not limited to Cal. Business and Professions Code, Chapter 10.5 (commencing with Section 4600) where applicable, the requirements of this article, and/or other applicable fire, health, and safety requirements.
(B) Nothing in this section shall be deemed to prohibit the above described government officials from pursuing any and all available legal remedies to secure entry into and inspection of the business or establishment if such entry is refused or for any other reason allowed by law.
(C) It is a violation of this article for the business or establishment to prohibit or interfere with such lawful inspection of the business or establishment at any time it is open for business.
(Ord. No. 2811, 2823, 2851)
The permittee of any massage business or establishment shall be responsible for the conduct of all employees, agents, independent contractors, or other representatives of the business or establishment while such persons are on the premises of the business or establishment.
(Ord. No. 2811, 2851)
A person shall not enter, be or remain in any part of a massage business or establishment owned and/or operated by a permittee while in the possession of, consuming, or using any alcoholic beverage or drug. The permittee and/or manager shall not permit any such person to enter or remain upon such premises.
(Ord. No. 2823)
ARTICLE X. POOL HALLS
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