Massage Establishments, Sole Practitioner Massage Establishments, and Outcall Massage Services must comply with the following operating requirements to the extent applicable:
(a) Cleanliness and Hygiene. Massage facilities, including all appliances and apparatuses, shall be kept clean and operated in a sanitary condition.
(1) Adequate and suitable space shall be provided for storage of clean linens, including, but not limited to, sheets, towels, and apparel.
(2) Clean sheets and towels shall be provided, laundered after each use, and stored in a sanitary manner.
(3) No towels or sheets shall be laundered or dried on the premises in the absence of suitable laundry facilities.
(4) Smooth, cleanable, and appropriately labeled receptacles for the storage of soiled linens and towels shall be provided.
(5) Soiled refuse shall be appropriately bagged and disposed of.
(6) Wet and dry heat rooms, shower compartments, and toilet rooms shall be thoroughly cleaned each business day.
(7) Bathtubs shall be thoroughly cleaned and sanitized after each use.
(8) The facility shall be free of vermin, including but not limited to cockroaches, mice, rats, and other pests that carry disease.
(b) Changing Area. A room, enclosure, or designated area shall be provided where clients can change and store their clothes.
(c) Employee Area. A room, enclosure, or designated area that is separate from the toilet, massage room(s), steam room, or other common areas shared by the clients shall be made available to employees at all times. The employee area(s) shall be furnished with individual lockers and adequate storage space for employees’ personal belongings. Members of the public may not have access to the employee area.
(d) Employment of Minors Prohibited. It shall be unlawful to employ any individual who is not at least 18 years of age.
(e) Register of Practitioners. Every Massage Establishment or Outcall Massage Service that hires or contracts with individuals to provide Massage services shall ensure at all times that each such individual holds a valid and current Massage Practitioner permit or CAMTC certificate. The Massage Establishment or Outcall Massage Service shall maintain a register of practitioners that includes each practitioner's permit or CAMTC certificate number, which shall be available for inspection by the Department at all times.
(f) Practitioner Conduct. Massage Establishments shall be responsible for the conduct of all individuals providing Massage for Compensation on their business premises and shall ensure that such individuals do not wear improper attire or engage in lewd conduct as set forth in Section 29.17.
(g) Locks. Doors that permit entry into any treatment room shall not be equipped with locks or any device designed to prevent, impede, or delay entry into a room. Massage Establishment exterior doors may be equipped with locks, but shall remain unlocked while the Massage Establishment is open for business. Exterior doors may remain locked while the Massage Establishment is open for business only if (1) there is no more than one employee or independent contractor on the premises of the Massage Establishment, exclusive of the owner Owner,1
or (2) if the Director has approved a request from the Massage Establishment to install an exterior door keyless lock system with access code. Massage Establishments that remain locked while open for business, using a pre-approved exterior door keyless lock system, shall, before operation of such system, provide the Department with a valid access code or other method of unlocking the system and, further, shall immediately inform the Department of any changes to the access code or other method of unlocking the system. The Massage Establishment shall at all times ensure the keyless lock system is in good repair and able to be unlocked by the Department. It shall be a violation of this subsection (g) if at any time during the Massage Establishment’s operating hours the Department cannot gain entry using the provided access code or other method of unlocking.
(h) No Alcohol or Illegal Drugs Permitted on Premises. No alcoholic beverages or drugs may be sold, served, used, or possessed on business premises during business hours. ''Alcoholic beverage" includes a mixture of one or more alcoholic beverages ingested separately or as a mixture as defined in Section 23004 of the California Business and Professions Code. "Drug" shall include all narcotics, drugs, or controlled substances as defined in Chapter 2 (commencing with Section 11053) of Division 10 of the California Health and Safety Code.
(i) Human Trafficking Information Notices. Massage Establishments must comply with the requirements of California Civil Code Section 52.6. The required notices of human trafficking information and telephone hotline numbers shall be posted in English, Spanish, Chinese, and other appropriate languages as determined by the Department.
(j) Residential Use. Massage facility premises shall not be used as a sleeping room or for any other residential purpose. A Massage Establishment shall be presumed to be used for residential purposes if any of the following items are maintained on the premises:
(1) Beds or mattresses, other than professional Massage tables;
(2) Bedding, such as pillows, blankets, and sheets, other than those used for professional Massage tables;
(3) Sleepwear, including but not limited to, pajamas, nightgowns, and lingerie;
(4) Groceries that require cooking, such as raw meats, poultry, fish, and grains; or
(5) Clothing that exceeds one change of clothing for each employee or independent contractor who is present on the premises.
(k) Establishment Permit to be Displayed. Every permit to operate a Massage Establishment or Sole Practitioner Massage Establishment shall be displayed in a conspicuous place within the Establishment such that the permit may be readily seen by individuals entering the premises.
(l) Outcall Massage Service Permit Subject to Inspection. Every permit to operate an Outcall Massage Service must be made available for inspection by the Department at all times while providing Massage services.
(m) Hours of Operation. No Massage Business shall operate or provide Massage services, and no customer or person not employed or contracted by the Massage Business may be on the premises of a Massage Establishment, during the hours between 10:00 p.m. and 7:00 a.m.
(n) Advertising. No Massage Business shall publish or distribute, or cause to be published or distributed, including on the internet, any advertising for services that would violate this Article 29.
(o) Operation of Massage School Prohibited. No Massage Business shall operate a Massage school or otherwise provide instruction in Massage on the premises of a Massage Establishment.
CODIFICATION NOTE