In the day to day conduct of the business, the following requirements shall be met:
(A) All employees and massage technicians shall wear clean outer garments which are restricted to the massage establishment. The garments shall provide a complete covering, by fully-opaque material, of the genitals, genital area, buttocks and female breasts of such employees, massage technicians and attendants.
(B) No massage establishment licensed under the provisions of this chapter, shall place, publish, distribute, disseminate, or broadcast, or cause to be placed, published, distributed, disseminated or broadcasted, and advertising matter that would reasonably suggest to prospective patrons that any service is available other than those services described in § 115.01, nor shall any massage establishment indicate in the text of any advertising that any service is available other than those services described in § 115.01.
(C) A massage business licensee shall have the premises supervised at all times when open for the business by the operator or manager. The violation upon the premises of any massage establishment of any provision of this chapter by any agent, employee or independent contractor of the holder of a massage business license shall constitute a violation by the license holder.
(D) Each massage establishment shall have at least one person who has a valid massage technician's license on the premises at all times while the establishment is open for business.
(E) The operator of a massage establishment shall maintain a register of all persons employed as massage technicians and their licenses. Such register shall be made available for inspection by representatives of the city at any time during the establishment's business hours.
(F) A recognizable and readable sign shall be posted at the main entrance identifying the establishment as a massage establishment, provided that all such signs shall comply with the sign requirements of the city, and such sign shall not reasonably suggest that services other than those identified in § 115.01 are available. Such sign shall list services available and the costs of services.
(G) In any establishment in which massage activities are rendered only to members of the same sex at any one time, such persons of the same sex may be placed in a common room, or the operators of the massage establishment may elect to place such persons of the same sex in separated enclosed rooms or booths having adequate ventilation to an area outside said room or booth, while services are being performed.
(H) Clean and sanitary towels and linens shall be provided for each patron of the establishment or each patron receiving massage services. No common use of towels or linens shall be permitted.
(I) Wet and dry heat rooms, steam or vapor rooms or cabinets, shower compartments, jacuzzis and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use.
(J) Proof of compliance with the applicable provisions of this code shall be provided.
(K) The administration of massage and operation of a massage establishment shall be carried on only between the hours of 8:00 a.m. and 11:00 p.m.
(L) No persons shall enter, be or remain in, any part of a massage establishment while in the possession of, consuming, or using any alcoholic beverage or drug, except pursuant to a prescription for such drug. The owner, operator, responsible managing employee, manager or licensee shall not permit any such person to enter or remain upon such premises.
(M) The services described in § 115.01 shall be performed or provided only upon the premises for which the license has been issued.
(N) All exterior doors shall be unlocked from the interior side during business hours.
(O) The owner, operator, responsible managing employee, manager or licensee of a massage establishment shall display in an open and conspicuous manner on the business premises the license issued therefor and a true and correct copy of the license of each and every massage technician employed therein, and shall provide to every patron who so requests the information contained in such licenses.
(P) A licensee shall notify the Department of Police Services in writing, within 48 hours of any change in personnel with regard to massage technicians.
(Q) No person owning, operating, or managing a massage establishment shall knowingly cause, allow or license any agent, employee, or any other person under his control or supervision to perform acts prohibited by state or local laws or ordinances.
KNOWINGLY includes both actual and constructive
knowledge.
(R) The sexual or genital areas of patrons shall be covered with towels, clothes or undergarments when in the presence of an employee, attendant or massage technician.
(S) It shall be unlawful for any person employed by a massage establishment to place his or her hand upon or to touch with any part of his or her body or to fondle in any manner or to massage a sexual or genital area of any patron.
('64 Code, § 6-107) (Ord. 403, passed 5-27-71; Ord. 664, passed 4-11-85) Penalty, see § 10.97