Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS
Chapter 5.37 MASSAGE-ORIENTED ESTABLISHMENTS
5.37.130 Massage facilities operation.
Every massage establishment shall comply with the following
requirements:
A. Each person employed or acting as a massage technician
shall have a valid permit issued by the city and it shall be unlawful for the
owner, operator, responsible managing employee, manager, or permittee in charge
of or in control of the establishment to employ or permit a person to act as a
massage technician as defined in this code who is not in possession of a valid
unrevoked massage technician's permit.
B. Bath and massage operations shall
be carried on and the premises shall be open only between the hours of seven
a.m. and nine p.m. All customers, patrons, and visitors shall be excluded from
the premises when the massage facility is closed.
C. A list of services
available and the costs of such services shall be posted in an open, public
place on the premises and shall be described in readily understandable language
and all letters and numbers shall be capitals not less than one-half inch in
height. No owner, operator, responsible managing employee manager, or permittee
shall permit and no massage technician shall offer to perform services other
than those posted, nor charge a price in excess of those posted for the
provision of any service.
D. All massage establishments shall be provided
with clean and sanitary towels, sheets, and linens in sufficient quantity.
Towels, sheets, and linens shall not be used by more than one person. Reuse of
such linen is prohibited unless the same has first been laundered. Heavy white
paper may be substituted for sheets provided that such paper is used once for
each person and then discarded in a sanitary receptacle.
E. Wet and dry heat
rooms, steam or vapor rooms or cabinets, shower rooms and compartments, toilet
rooms and pools shall be thoroughly cleaned and disinfected as needed and at
least once each day the premises are open, with a disinfectant approved by the
health department. Bathtubs shall be thoroughly cleaned with disinfectant
approved by the health department after each use. All walls, ceilings, floors,
pools, showers, bathtubs, steam rooms, and all other physical facilities for the
establishment must be in good repair and maintained in a clean and sanitary
condition.
F. All employees and massage technicians shall perform all
services on the premises in full outer garments. For the purposes of this
chapter, the term "full outer garments" shall refer to the person being clothed
in such a state that all parts of the person's body are covered, from and
including the top of the person's shoulders to a point no higher than one inch
above the top of the knee.
G. No person shall enter, be or remain in any
part of a massage establishment while in possession of, consuming, or using any
alcoholic beverage or drugs except pursuant to a prescription for such drugs.
The owner, operator, responsible managing employee, manager, or permittee shall
not permit any such person to enter or remain upon such premises.
H. No
massage establishment shall operate a school of massage, nor use the same
facilities as that of a school of massage. It shall be unlawful for any person
to perform any massage upon a member of the general public while on the premises
of a school of massage. Instructors and students of such schools may practice
massage only upon a bona fide employee of the school or student. A dummy may be
used.
I. No owner, operator, responsible managing employee, manager or
permittee in charge of or in control of a massage establishment shall, during
the course of any service or task associated with any element of a massage
operation, permit any person to massage or touch the genitals of another
person.
J. No massage technician shall touch the genitals of a patron during
the course of any service or task associated with any element of the massage
operation.
K. Due to the requirement and need for accountability in the
provision of massage, it shall be unlawful for any massage establishment to
permit a massage technician to provide massage within the establishment unless
that massage technician is an employee directly accountable to the holder of the
massage establishment license.
L. There shall be an owner, operator,
managing employee, or manager (hereinafter managerial personnel) on the premises
at all times the establishment is opened for business. The managerial personnel
shall wear a plainly visible tag identifying them as managerial personnel. The
permittee shall submit the names of all managerial personnel to the city prior
to commencing operation or on the effective date of the ordinance codified in
this chapter, whichever occurs later. The permittee shall update the list as the
identity of managerial personnel changes. (Ord. 832-97 §§ 3, 4; Ord.
802-96 § 2 (part))
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