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§ 41.1908   Investigation by the Division of Environmental Health Services.
   (a)   An applicant shall submit the completed application to the Division of Environmental Health Services Division (DEHS) of the Department of Public Health and pay any applicable DEHS fee. DEHS or the designee of DEHS shall promptly conduct an investigation to determine compliance with the requirements of this Section. An application for the renewal of a massage clinic license shall not require an on-site inspection pursuant to this Section.
   (b)   Requirements.
      (1)   A readable exterior sign shall be posted at the main entrance identifying the establishment as a massage clinic, provided, however, that all such signs shall otherwise comply with the sign requirements of the County Code.
      (2)   No sign or advertisement on the premises of the massage clinic may contain explicit language or graphic pictures describing sexual acts or genitalia.
      (3)   Minimum lighting shall be provided in accordance with the Uniform Building Code as adopted by the County. In addition, at least one unobstructed artificial light, white in color, of not less than 60 watts shall be provided and used at all times in each enclosed room or booth while massage services are being rendered.
      (4)   Minimum ventilation shall be provided in accordance with the Uniform Building Code as adopted by the County.
      (5)   Instruments used for massage shall be disinfected prior to each use by a reasonable method approved by DEHS. Where such instruments for massage are employed, adequate quantities of supplies for disinfection shall be available during all hours of operation.
      (6)   Hot and cold running water shall be provided.
      (7)   Closed cabinets shall be utilized for the storage of clean towels and linen. After use, towels and linen shall be removed from the room or booth and stored in a clean container until laundered.
      (8)   Dressing and toilet facilities shall be provided for patrons.
      (9)   All walls, ceilings, floors, steam and vapor rooms, and all other physical facilities for the massage clinic shall be kept in good repair, maintained in a clean and sanitary condition.
      (10)   Clean and sanitary towels and linens shall be provided for patrons receiving massage services. No common use of towels or linens shall be permitted.
      (11)   Licensees under this Chapter shall insure that all persons working on the massage clinic premises, including all massage technicians, shall be dressed in clothing made of an opaque material, and at a minimum, shall not expose the technician’s undergarments or bare midriff, or any specified anatomical areas, and shall comply with the following requirements, as applicable:
         (A)   All garments covering the upper torso (e.g., shirts or dresses) shall have sleeves not less than two inches in length, measuring from the top of the shoulder, and necklines no lower than two inches below the clavicle.
         (B)   Hems of dresses, skirts, smocks, or other similar garments shall not be more than two inches above the top of the knee.
         (C)   Cuffs or hems of shorts, culottes, pants or other similar garments shall not be more than six inches above the top of the knee.
      (12)   Any massage clinic license issued by the County shall be displayed in a conspicuous place within view of customers.
      (13)   Each massage technician providing services at the clinic must display his or her County issued massage technician license or State issued certificate wherever he or she provides massages for compensation.
      (14)   The premises to be used for massage services shall at all times comply with applicable laws.
   (c)   DEHS shall promptly report to the responsible department whether the application meets all of the requirements of this Section. Upon determining that the massage clinic complies with the requirements of this section, DEHS shall issue to the massage clinic a health permit. Said health permit shall be posted in a conspicuous place on the premises of the massage clinic. DEHS shall conduct annual compliance checks.
(Ord. 3484, passed - -1992; Am. Ord. 3518, passed - -1992; Am. Ord. 3758, passed - -1999; Am. Ord. 4263, passed - -2014; Am. Ord. 4381, passed - -2020)