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A. The Inspector shall have the right to enter any massage establishment during regular business hours, without a search or inspection warrant, to make reasonable inspection to ascertain whether there is compliance with the provisions of this chapter.
B. The massage establishment operator shall take immediate action to correct each violation noted by the inspector. A re-inspection will be performed within thirty (30) business days to ensure that each violation noted by the Inspector has been corrected.
(Ord. 2011-02 § 1(part), 2011)
A. Operational requirements. Except as otherwise specifically provided in this chapter, the following operational requirements shall be applicable to all massage establishments located within the city:
1. No massage establishment shall be open for business between the hours of ten p.m. (10:00 p.m.) of one day and seven a.m. (7:00 a.m.) of the following day. Massage begun any time before ten p.m. (10:00 p.m.) must nevertheless terminate at ten p.m. (10:00 p.m.). The hours of operation shall be displayed in a conspicuous public place in the reception area and in any front window clearly visible from outside of the massage establishment.
2. Patrons and visitors shall be permitted in the massage establishment only during the hours of operation.
3. Except for a patron who is inside a room for the purpose of receiving a massage, no patrons or visitors shall be permitted in or on the massage establishment premises at any time who are less than fully clothed in outer garments of nontransparent material, or who display or expose themselves in underclothing or similar intimate apparel.
4. During the hours of operation, visitors shall not be permitted in massage rooms except as follows:
a. The parents or guardian of a patron who is a minor child may be present in the room with that minor child;
b. The minor child of a patron may be present in the room with the patron when necessary for the supervision of the child; and
c. The conservator, aid, or other caretaker of a patron who is elderly or disabled may be present in the room with that elderly or disabled person.
5. During the hours of operation, patrons shall be permitted in massage rooms only if at least one duly authorized Certified Massage Practitioner is present on the premises of the massage establishment.
6. A list of services available and the cost of such services shall be posted in an open and conspicuous public place on the premises, or provided to patrons before services are rendered. The services shall be described in English and may also be described in such other languages as may be convenient. No operator shall permit, and no person employed or retained by the massage establishment shall offer to perform, any services or fees other than those posted.
7. For all employees employed or retained by the massage establishment but who do not provide massage, the following documents shall be available to city staff upon inspection pursuant to Section 8.32.080: (i) for individuals over the age of eighteen (18) years old, a copy of a valid driver's license or identification card showing the employee's age; or (ii) for individuals under eighteen (18) years of age, a copy of a permit to employ or to work as required by California Labor Code Section 1299 and Education Code Sections 49160.
B. Physical facility and building and fire code requirements. Except as otherwise specifically provided in this chapter, the following physical facility and building code requirements shall be applicable to all massage establishments located within the city:
1. Front door and reception area. One front door shall be provided for patron entry, which shall open to an interior patron reception and waiting area immediately inside the front door. All patrons and any persons other than individuals employed or retained by the massage establishment shall be required to enter and exit through the front door.
2. Visibility. No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises.
3. Locks. All interior doors, including rooms or cubicles in which massage occurs, but excluding individual dressing rooms and toilet rooms, shall be incapable of being locked and shall not be blocked to prevent opening. Draw drapes, curtain enclosures, or accordion-pleated closures in lieu of doors are acceptable on all inner rooms or cubicles.
4. Lighting. Minimum lighting equivalent to at least one (1) forty (40)-watt light shall be provided in each room or cubicle in which Massage is provided.
5. Tables, mats, and beds. A massage table shall be used for all massage, with the exception of "Thai," "Shiatsu," and similar forms of therapy, which may be provided on a padded mat on the floor, provided the patron is fully attired in loose clothing, pajamas, scrubs, or similar style of garment. Massage tables shall have a minimum height of eighteen (18) inches. Beds, floor mattresses, and waterbeds are not permitted on the premises of the massage establishment, and no massage establishment shall be used for residential or sleeping purposes.
6. Lockers. All locker facilities that are provided for the use of patrons shall be fully secured for the protection of the patrons' valuables, and each patron shall be given control of the key or other means of access.
7. Building and fire codes. The massage establishment shall comply with all applicable state and local building standards (as adopted in Title 15 of this Code) and the fire code (as adopted in Title 15, Chapter 15.40 of this code).
C. Health and safety requirements. Except as otherwise specifically provided in this chapter, the following health and safety requirements shall be applicable to all massage establishments located within the city:
1. Towels and linens. The massage establishment shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens, and all massage tables shall be covered with a clean sheet or other clean covering for each patron. After a towel, covering, or linen has been used once, it shall be deposited in a closed receptacle and not used again until properly laundered and sanitized. Towels, coverings, and linens shall be laundered either by regular commercial laundering, or by a noncommercial laundering process that includes immersion in water at least one hundred and forty (140) degrees Fahrenheit for not less than fifteen (15) minutes during the washing or rinsing operation. Clean towels, coverings, and linens shall be stored in closed, clean cabinets when not in use.
2. Cleaning and disinfecting. All rooms or cubicles, wet and dry heat rooms, toilet rooms, shower compartments, hot tubs, and pools shall be thoroughly cleaned and disinfected as needed, and at least once each business day when the premises are open and such facilities are in use. All bathtubs shall be thoroughly cleaned and disinfected after each use.
3. Liquids, creams, and powders. All liquids, creams, or other preparations used on or made available to patrons 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 patron, it shall be removed from the container in such a way as not to contaminate the remaining portion.
4. Invasive procedures. No invasive procedures shall be performed on any Patron. Invasive procedures include, but are not limited to:
a. Application of electricity that contracts the muscle;
b. Penetration of the skin by metal needles;
c. Abrasion of the skin below the nonliving, epidermal layers;
d. Removal of skin by means of any razor-edged instrument or other device or tool; and
e. Use of any needle-like instrument for the purpose of extracting skin blemishes; and
f. Other similar procedures.
5. Garments provided to patrons. All bathrobes, bathing suits, and/or other garments that are provided for the use of patrons shall be either fully disposable and not used by more than one patron, or shall be laundered after each use pursuant to subsection 1 of this section.
6. Combs and brushes. All combs, brushes, and/or other personal items of grooming or hygiene that are provided for the use of patrons shall be either fully disposable and not used by more than one patron, or shall be fully disinfected after each use.
7. Footwear. No patrons shall be allowed to use any shower facilities of the massage establishment unless such patrons are wearing slip-resistant sandals or flip-flops while in the shower compartment. All footwear such as sandals or flip-flops that are provided for the use of patrons either shall be fully disposable and not used by more than one patron, or shall be fully disinfected after each use.
8. Draping and contact with genitals. The patron's genitals, pubic area, anus, and areola must be fully draped at all times while any individual employed or retained by the massage establishment to practice massage, or any other employee or operator, is in the room or cubicle with the patron. No massage shall be provided to a patron that results in intentional contact, or occasional and repetitive contact, with the genitals, pubic area, anus, or areola of a patron.
9. Alcohol. No alcoholic beverages shall be sold, served, or furnished to any patron; nor shall any alcoholic beverages be kept or possessed on the premises of a massage establishment.
D. Attire and hygiene. The following attire and physical hygiene requirements shall be applicable to all employees, and any other persons who work permanently or temporarily on the premises of a massage establishment within the city, including, but not limited to, all persons who are employed or retained to practice massage:
1. Garments. All persons shall 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 (2) inches below the collarbone. The midriff may not be exposed.
2. Exposure. No operator, employee, or visitor shall, while on the premises of a massage establishment or while performing any outcall massage service, and while in the presence of any patron, customer, employee or visitor, expose his or her genitals, buttocks, or chest.
3. Clean skin. All persons shall thoroughly wash their hands with soap and water or any equally effective cleansing agent immediately before providing massage. No massage shall be provided upon a surface of the skin or scalp of a patron where such skin is inflamed, broken (e.g., abraded or cut), or where a skin infection or eruption is present.
E. Display of permits and certifications. Each person employed or retained to perform massage in or on the premises or through an outcall massage service shall display on his or her person a copy of the valid photograph-bearing identification card issued to that employee by the CMTC. A copy of each such identification card shall also be displayed in an open and conspicuous place visible from the entrance and/or reception and waiting area of the massage establishment. The home address of any employee need not be displayed.
(Ord. 2011-02 § 1(part), 2011)
No person permitted to operate a massage establishment under this chapter shall operate under any name or conduct business under any designation not specified in the Establishment Registration Certificate or operator permit and city business license. Upon a change of location where there is no change of ownership, an application for an amended Establishment Registration Certificate or operator permit shall be made to the Permit Administrator, and such application shall be granted, provided all applicable provisions of this code are complied with as to the new location.
(Ord. 2011-02 § 1(part), 2011)
Upon a sale or transfer of any massage establishment, or upon the sale or transfer of some or all of the interest of any massage establishment owner to a person who is not already an owner, a new Establishment Registration Certificate or operator permit shall be required.
(Ord. 2011-02 § 1(part), 2011)
Any operator permit or Establishment Registration Certificate issued pursuant to this chapter may be suspended or revoked by the Permit Administrator after a hearing, where it is found by clear and convincing evidence that any of the following have occurred:
A. Finding of violation. The person(s) to whom the operator permit or Establishment Registration Certificate has been issued, or any person employed or retained by the massage establishment, has been found to have violated any provision of this chapter; or
B. Owner not certified. Any owner of a massage establishment which is operating pursuant to a Establishment Registration Certificate is no longer qualified as a Certified Massage Practitioner for any reason; or
C. Prohibited conduct. The permittee, certificate holder, or any person employed or retained by the massage establishment has been convicted in a court of competent jurisdiction of having violated, or has engaged in conduct constituting a violation of, any of the following: California Penal Code Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22, or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the state of California that is the equivalent of any of the aforesaid offenses; or
D. Registration under Penal Code § 290. The permittee, certificate holder, or any person employed or retained by the massage establishment is required to register under Section 290 of the California Penal Code; or
E. Nuisance injunction. The permittee or certificate holder has been subject to a permanent injunction against the conducting or maintaining of a nuisance pursuant to this code, or Section 11225 through 11235 of the California Penal Code, or any similar provision of law in any jurisdiction outside the state of California; or
F. Fraud or misrepresentation. The permittee, certificate holder, or any employee has engaged in fraud or misrepresentation or has knowingly made a misstatement of material fact while working in or for the massage establishment; or
G. Operation during suspension. The permittee or certificate holder has continued to operate the massage establishment after the operator permit or Establishment Registration Certificate has been suspended; or
H. Massage without certification. Massage has been performed on the premises with or without the permittee or certificate holder's actual knowledge, by any person who is not a duly authorized Certified Massage Practitioner; or
I. Prohibited acts. There have been one or more acts prohibited under California Penal Code Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22 taking place on the premises, whether or not any criminal prosecution has been pursued or conviction obtained for such acts, and whether or not they occurred with or without the actual knowledge of the permittee or certificate holder; or
J. Sexual touching. The permittee, certificate holder, or any person employed or retained by the massage establishment or any other person on the premises of the massage establishment has engaged in conduct or committed acts that a reasonable person in a patron's position would understand as an offer to perform on or engage in with the patron acts that are sexual in nature or that involve touching of the patron's genitals, pubic area, anus, and areola.
K. Negligent supervision. The permittee or certificate holder failed to provide adequate supervision of the massage establishment, resulting in a pattern of at least three (3) violations of this code or state or federal law.
(Ord. 2011-02 § 1(part), 2011)
A. Written notice required. The Permit Administrator, before revoking or suspending any operator permit or Establishment Registration Certificate, shall give the permittee or certificate holder at least ten (10) business days' written notice of the alleged grounds for revocation or suspension and shall conduct a hearing in the matter of whether the permit or certificate shall be revoked or suspended. The hearing shall be conducted at least ten (10) business days from the date of written notice which shall be provided in the manner set forth in Section 8.24.050 of this code.
B. Hearing. The Permit Administrator shall consider all evidence at the hearing. The hearing may, after being commenced within the time specified pursuant to subsection A. of this section, be continued for good cause by the Permit Administrator from time to time. The Permit Administrator shall, at the conclusion of the hearing, make findings of fact based upon the evidence submitted and shall decide whether or not the permit or certificate shall be revoked or suspended.
C. Notice of Decision. The Permit Administrator's written notice of decision shall be served on the permittee or certificate holder, within thirty (30) business days of the conclusion of the hearing, in the manner provided in Section 8.24.050 of this code, and, in the case of a revocation or suspension, such Notice of Decision shall indicate the appeal procedures as set forth hereinafter.
D. Appeal. Any applicant, permittee, or certificate holder shall have the right to appeal from a decision by the Permit Administrator to deny a permit or certificate application or renewal application, or to approve such an application with conditions, or to suspend or revoke an operator permit or Establishment Registration Certificate, by filing with the City Clerk a written notice of appeal specifying the grounds for such appeal, within ten (10) business days after the decision has been served on the applicant or permittee or certificate holder. The appeal must also include the appeal fee established by resolution of the City Council and included within the Master Fee Schedule. Such appeal shall be heard by an administrative hearing officer appointed by the City Manager or his/her designee, upon not less than ten (10) business days written notice to the appellant. The designated administrative hearing officer shall consider all relevant evidence at the hearing, may continue the hearing for good cause, and shall require such legal briefing as may be required to address any issues raised by the appeal. Within a reasonable time, but not more than twenty (20) business days following the conclusion of the hearing, the administrative hearing officer shall issue a written decision affirming, denying, or modifying the decision from which the appeal was taken, supported by factual findings and determinations referenced by supporting evidence. The written decision shall be served on the appellant as provided in Code of Civil Procedure Section 1094.6(b), with a copy submitted to the City Clerk and the City Attorney. The written decision of the administrative hearing officer shall be final and shall be subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6.
(Ord. 2011-02 § 1(part), 2011)
The requirements of this chapter shall be in addition to any business license and business license tax requirements imposed pursuant to Chapter 5.04 of this code for operation of a massage establishment.
(Ord. 2011-02 § 1(part), 2011)
This chapter shall not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions:
A. Physicians, surgeons, chiropractors, osteopaths, podiatrists, physical therapists, nurses, or any other person licensed to practice any healing art under the provisions of Division 2 (commencing with Section 500) of the Business and Professions Code when engaging in such practice within the scope of his or her license.
B. Trainers of any amateur, semi-professional, or professional athlete or athletic team, so long as such persons do not practice massage as their primary occupation at any location where they provide such services in the city.
C. Barbers, estheticians and cosmetologists who are duly licensed under the laws of the State of California, while engaging in practices within the scope of their licenses.
D. Individuals in the city temporarily for educational events or disaster relief.
E. Individuals administering massages or health treatments involving massage to persons participating in road races, track meets, triathlons, educational events, conferences or similar single-occurrence athletic, recreational, or educational events.
F. Somatic practitioners who use no physical touch of any kind at any time in their practice.
G. Enrolled students of a school of massage when they are performing massage within the city as part of a formal supervised internship or training program operated by the school, without compensation other than school credit, on the premises of a massage establishment duly authorized to operate pursuant to the terms of this chapter; and provided that the operator has first notified the Permit Administrator in writing of the name, residence address, and school of the students and the dates of the trainings.
(Ord. 2011-02 § 1(part), 2011)
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