(A) Hours and conditions of operation.
(1) No massage establishment shall operate nor shall any massage be administered in any massage establishment between the hours of 10:00 p.m. and 8:00 a.m. A massage begun any time before 10:00 p.m. must nevertheless terminate at 10:00 p.m. The hours of operation must be displayed in a conspicuous public place in the lobby within the massage establishment and in any front window clearly visible from outside of the massage establishment. These hours of operation may be modified pursuant to a conditional use permit.
(2) During hours of operation, no person other than a valid permit holder under this chapter, a massage practitioner, a massage therapist, or a patron shall be allowed beyond the reception area of the massage establishment.
(3) Patrons and visitors shall only be permitted in the massage establishment during the hours of operation.
(a) Visitors shall only be permitted in the reception area of the massage establishment.
(b) Patrons shall only be permitted in massage treatment areas if at least one massage technician is on the premises.
(4) The massage establishment shall be supervised during all hours of operation by an authorized operator for the massage establishment.
(a) An operator may not manage more than one massage establishment at any given time.
(b) The name and photograph (minimum size of four inches by six inches) of the on-duty operator shall be posted in a conspicuous public place in the lobby of the massage establishment at all times that the business in open. This provision shall not apply to sole providers. Regardless of the number of operators that may be approved for the location, only one operator may be identified as the on-duty operator at a time.
(5) No massage establishment shall be used for residential purposes. There shall be no massage tables, cots, or beds in the establishment other than as shown on the approved floor plan. Locker facilities shall be provided for all employees and independent contractors and all personal items of the employees and independent contractors shall be kept in the lockers while at the massage establishment.
(B) Posting requirements. In addition to any other requirements for posting set forth in this chapter, the following shall also apply:
(1) A recognizable and legible sign complying with the requirements of this code shall be posted at the main entrance identifying the establishment as a massage establishment.
(2) Each service offered, the price thereof, and the minimum length of time such service shall be performed shall be posted in English and such other languages as may be convenient to communicate such service, in a conspicuous public location in each massage establishment. No services shall be performed and no sums shall be charged for such services other than those posted. Nothing herein prohibits a voluntary tip from being paid by the patron.
(3) Any posted signs which are in a language other than English shall also be posted in English.
(C) Instruments, equipment, and personnel.
(1) Disinfecting agents and sterilizing equipment shall be provided for any instruments used in performing acts of massage and said instruments shall be disinfected and sterilized after each use.
(2) Unless otherwise approved by a conditional use permit, massages shall be administered only on standard or portable massage tables or chairs which are covered with a durable, washable plastic or other acceptable waterproof material. Beds, mattresses, water beds, futons, sofa beds, any type of portable or convertible beds, and foam pads more than four inches thick or with a width of more than four feet shall not be permitted in the establishment.
(3) No massage technician shall massage the genitals or anal area of any patron nor shall any operator of a massage establishment allow or permit such a massage to the above-specified areas.
(4) No massage technician shall massage the breasts of a female patron without the written consent of the person receiving the massage and a referral from a licensed California health care provider, nor shall any operator of a massage establishment allow or permit such a massage to the above-specified area.
(5) A massage shall not be given and no patron shall be in the presence of any massage establishment staff unless the patron's genitalia and, if a female patron, the female patron's breasts, are fully covered by a fully opaque, nontransparent covering.
(6) Persons providing services in the massage establishment shall not be dressed in attire that is: transparent, see-through, substantially exposes the massage technician's undergarments, or exposes the massage technician’s breasts, buttocks, or genitals; in a manner which has been deemed by CAMTC to constitute unprofessional attire based on the custom and practice of the profession in California; or in swim attire unless such person is providing a water-based massage modality which has been approved by CAMTC.
(7) All massage establishments shall be so equipped, maintained and operated as to effectively control the entrance, harborage, and breeding of vermin, including flies. When flies or other vermin are present effective control measures shall be instituted for their control or elimination.
(8) Clean and sanitary towels, sheets, and linens shall be provided for each patron of the establishment. No common use of towels or linens shall be permitted. Heavy white paper may be substituted for sheets; provided, that such paper is used once for each person and then discarded into a sanitary receptacle.
(9) All massage tables shall be at least two feet away from all walls at all times.
(D) Personnel lists.
(1) Within seven calendar days of receiving a certificate of operation, the operator shall provide the Police Department with a complete list of all massage technicians who are working or will work, be employed, or provide massage services in the massage establishment along with a copy of their CAMTC certificate and identification card, as well as with the name and residence address of the manager principally in charge of the operation of the massage establishment and of any other manager.
(2) The operator shall have a continuing obligation to notify the Chief of Police in writing of any changes in massage technicians and managers within seven calendar days of such change.
(3) The operator shall maintain copies of each massage technician’s CAMTC certificate and identification card on file on the premises of the massage establishment which shall be available to any individual upon request, including but not limited to employees of the city. Additionally, the operator shall be required to file copies of each CAMTC certificate and identification card with the Police Department within seven days of a massage technician beginning to work at the massage establishment. Information required by this section shall be maintained at the massage establishment for a minimum of two years following the date that the person ceases providing services/employment to the massage establishment.
(4) The operator shall maintain on the premises of the massage establishment a register of all non-state certified persons employed, working or providing other services at the massage establishment. The register shall be maintained for a minimum of two years following the time that the person ceases providing services/employment to the massage establishment. The operator shall make the register immediately available for inspection upon demand of a representative of the Police Department, any health officer, or any other official charged with enforcement of this chapter. The register shall include but is not limited to the following information:
(a) Name, nicknames, and/or aliases;
(b) Home address and relevant phone number, including but not limited to home, cellular, and pager numbers;
(c) Age, date of birth, gender, height, weight, color of hair and eyes;
(d) The date such person began employment or providing services, and the date such person ended employment or stopped providing services, if any;
(e) The duties of each person; and
(f) In a separate portion of the register, Social Security numbers, which shall only be available for review by the Police Department or other law enforcement personnel, but not health officers or other officials charged with the enforcement of this chapter.
(E) Prohibited conduct.
(1) No alcoholic beverages shall be sold, served, or furnished on the premises of any massage establishment without a valid alcoholic beverage license from the state and conditional use permit from the city.
(2) No storage or sale of condoms or spermicides shall be permitted within the massage establishment.
(3) No operator shall hire, employ, or allow a person to perform massage services unless such person possesses a valid CAMTC certificate. Each operator of a massage establishment shall verify that all persons hold the appropriate CAMTC certificate required by this chapter. Nothing herein prevents an operator from hiring, employing, or allowing a person to perform services allowed by such person’s cosmetology or barber license, if the business has a state establishment license in addition to a certificate of operation.
(4) No person shall use or possess, nor shall there be, any storage of, any sexually-oriented implements or paraphernalia which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.
(5) No electrical, mechanical, or artificial device shall be used by any massage establishment staff for audio and/or video recording or for monitoring the performance of a massage, of the conversation or other sounds in the massage rooms, without the knowledge and written consent of the patron.
(6) No operator of a massage establishment shall place, publish, or distribute or allow or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective patrons or clients that any service is available other than those services described in this chapter and posted on the premises as required in this chapter, nor shall any massage establishment employ language in the text of any advertising that would reasonably suggest to a prospective patron that any service is available other than those services described in this chapter and posted on the premises as required by this chapter.
(Ord. 591-C.S., passed 9-20-11; Am. Ord. 609-C.S., passed 2-18-14; Am. Ord. 612-C.S., passed 2-17-15; Am. Ord. 633-C.S., passed 4-18-17; Am. Ord. 634-C.S., passed 5-2-17)