5.09.200 - Massage establishment operational standards.

It is unlawful for any person to commence, conduct, own, manage, operate, be in charge of, participate in or sponsor a massage establishment, which is not fully in compliance with the following operational standards: (1)

Hours and Conditions of Operation.

(A)

No massage establishment shall operate nor shall any massage be administered in any massage establishment between the hours of ten p.m. and eight a.m. A massage begun any time before ten p.m. must nevertheless terminate prior to ten p.m. The hours of operation must be displayed in a conspicuous public place in the lobby within the massage establishment and in the front window clearly visible from the outside of the massage establishment.

(B)

No massage establishment may be open for business, unless there is at least one massage technician, holding a current, unrevoked permit, on the premises at all times.

(2)

Posting Requirements.

(A)

The massage establishment permit, city business license, and a copy of the permit of each and every massage technician providing massage services in the massage establishment shall be displayed in an open and conspicuous public place in the reception area of the premises. Permits shall be displayed such that the photographs affixed thereto shall not be obstructed from view.

(B)

A list of services available and the cost of such services shall be posted in an open and conspicuous public place in the reception area of the premises. No owner, operator, responsible managing employee, manager, or permittee in charge of, or in control of the massage establishment, shall permit, and no massage technician shall offer to perform any services other than those posted.

(C)

A sign shall be posted outside the main entrance identifying the establishment as a massage establishment; provided, that all such signs shall comply with the sign requirements of the city.

(D)

The building entrance to a massage establishment shall clearly and legibly post a notice indicating that persons under eighteen years of age are precluded from entering the premises. Such notice shall be constructed and conspicuously posted to the satisfaction of the community development director or his or her designee.

(3)

Building and Facilities.

(A)

A minimum of one tub or shower and one toilet and wash basin shall be provided for the patrons in every massage establishment; however, if male and female patrons are to be served simultaneously at the establishment, separate dressing, bathing and toilet facilities shall be provided for male and female patrons. Hot and cold running water under pressure shall be provided to all wash basins, bathtubs, showers, and similar equipment.

(B)

A clean and nonabsorbent waste container with tight fitting covers shall be provided in each toilet room for the storing of waste matter and shall be maintained in a clean and sanitary condition.

(C)

Each wash basin shall be provided with soap or detergent and sanitary towels placed in permanently installed dispensers.

(D)

In those establishments where steam room or sauna baths are provided and male and female patrons are served simultaneously, separate steam rooms or sauna rooms shall be provided to each sex. Each steam room and sauna shall be clearly designated as being for a particular sex.

(E)

In steam rooms and rooms containing tubs or showers, the shower areas shall be finished with a smooth, hard, nonabsorbent surface to a height of not less than seventy inches above the drain inlet in accordance with the city building code.

(F)

Walls of toilet and bathing facilities shall be smooth, waterproof and kept in good repair.

(G)

All walls, ceilings, floors, pools, showers, bathtubs, wet and dry heat rooms, steam rooms, tables and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition.

(H)

Wet and dry heat rooms, steam or vapor rooms or cabinets, showers and toilet rooms shall be thoroughly cleaned at least once each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use with disinfectant approved by the county health department.

(I)

All building, plumbing and electrical installations shall be installed under permits issued by the city building official and such installations shall be installed in accordance with the city building codes.

(J)

During the operation of the massage business, a light level of no less than five foot candles shall be maintained at every point within each room or enclosure where massage services are given or administered. At least one artificial light of not less than forty watts shall be provided in each room or enclosure of the establishment capable of being occupied by a person.

(K)

No massage shall be given within any cubicle, room, booth, or other area of a massage establishment that is fitted with a door. A curtain covering the entire entrance to any cubicle, room, booth or other area shall be installed.

(L)

Adequate ventilation as required by the Uniform Building Code shall be provided for cubicles, rooms and areas provided for patron's use, which are not serviced directly by required window or mechanical systems of ventilation.

(M)

Each entrance to the massage establishment, regularly used by the public for ingress or egress to such establishment, shall be visible street or highway frontages only and shall remain unlocked during business hours. Exits for fire safety purposes may be allowed where deemed necessary by the appropriate safety agency.

(4)

Instruments and Equipment.

(A)

Disinfecting agents and sterilizing equipment sufficient to assure the cleanliness and safe condition thereof shall be provided for any instruments used in performing any massage.

(B)

All massages shall be performed on massage tables. No furniture designed for sleeping shall be located in rooms used for massages. Pads used on massage tables shall be covered with a durable washable plastic or other waterproof material acceptable to the county health department.

(C)

Cleanable and nonabsorbent waste containers with tight fitting covers shall be provided for the storing of all waste matter and shall be maintained in a clean and sanitary condition.

(D)

Closed cabinets or containers shall be provided for the storage of laundered towels and linens. Nonabsorbent containers or laundry bags shall be provided for damp or soiled linen, and linen shall be kept therein until removed for laundering.

(E)

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.

(5)

Linens and Coverings.

(A)

Clean and sanitary towels, sheets and linens shall be provided for each patron receiving massage services. No common use of towels or linens shall be permitted and reuse is prohibited unless they have been first relaundered. Heavy white paper may be substituted for sheets provided that such paper is used only once for each person, then discarded into a sanitary receptacle.

(B)

Each establishment shall provide to all patrons clean, sanitary and opaque linens or coverings capable of covering the patron's specified anatomical areas. No common use of such coverings shall be permitted, and reuse is prohibited unless the coverings have been adequately cleaned.

(C)

Based upon the maximum number of patrons for which the massage establishment can render on-site, simultaneous massages, there shall be, at all times of operation, five towels for each patron, available for the personal use of the patron.

(D)

Based on the number of employees required to serve the maximum number of patrons for which the massage establishment can render on-site, simultaneous massages, there shall be, at all times of operation, five towels for each employee. Such towels shall be clean, freshly laundered and disinfected.

(6)

Record-Keeping Requirements.

(A)

Every person operating a massage establishment shall keep a record of the date and hour of each treatment or service, the name and address of the patron, the name of the massage technician administering such treatment or service, and a description of the treatment or service rendered. The records shall be open to inspection by city, county or state officials charged with the specific enforcement of this chapter or with the general responsibility of preventing the spread of communicable or contagious disease and maintaining the public health. The information contained in such records shall be used only to ensure and enforce compliance with this chapter or any other applicable state or federal laws and shall remain confidential. Failure to record such information or knowingly falsifying such records may be grounds for suspension or revocation of a massage establishment or massage technician permit. Sheriff's department or city's code enforcement unit shall be permitted to periodically inspect the treatment and service records to ensure compliance with this chapter. The records shall be maintained for a period of four years.

(B)

The massage business operator shall prepare or cause to be prepared a written record of the cleaning and disinfecting of areas used for giving massage services. Entries shall be made into the record within five minutes of the completion of the cleaning or disinfecting event being recorded.

(7)

Employees/Massage Technicians.

(A)

All employees, including massage technicians, at all times while on the premises of the massage establishment, shall be clean and shall wear clean, nontransparent outer garments covering the body from knee to neck. The use of such garments shall be restricted to the massage establishment.

(B)

Separate dressing rooms for each sex, equipped with individual lockers for each employee, shall be available on the premises.

(a)

No massage establishment operator or massage technician shall, while on the premises of a massage establishment and in the presence of a patron or customer appear in such attire so as to expose specified anatomical areas.

(b)

No massage technician, while performing any task or service associated with the massage business, shall be present in any room with another person, unless the person's specified anatomical areas are fully covered.

(8)

Prohibited Conduct.

(A)

No owner, operator, responsible managing employee, manager or permittee in charge of or in control of a massage establishment shall permit, during the course of any service or task associated with the operation of a massage establishment, any person to massage, or intentionally touch or make physical contact with specified anatomical areas of another person, nor shall any employee, agent, or massage technician, intentionally touch, or make physical contact with specified anatomical areas of another person.

(B)

No person other than the person receiving a massage and the administering massage technician may be within a room in a massage establishment wherein a massage is being given.

(C)

During hours of operation, no person other than a valid permit holder under this chapter or a customer for whom the information required pursuant to subsection (6)(A) of this section has been recorded shall be allowed beyond the front lobby of the massage establishment, which shall be located directly inside the front door entrance of the massage establishment.

(D)

No person shall enter, be, or remain in any part of the massage establishment while in the possession of, consuming, or using alcoholic beverages or drugs, except pursuant to a prescription for such drugs. The owner, operator, responsible managing employee, manager or permittee shall not permit any person in violation of this subsection to enter or remain upon the premises.

(E)

No person shall enter, be, or remain in any part of the massage establishment while in the possession of a condom, nor shall the storage of condoms be permitted within the massage establishment.

(F)

The sale or serving of food or beverage or the conducting of non-massage business on the premises of the massage establishment is prohibited.

(G)

No massage establishment may operate as a school of massage or use the same facilities as that of a school of massage.

(H)

Out-call massage services or massage services not rendered at a permitted massage establishment are prohibited except for seated chair massage as provided in this chapter.

(I)

No owner, operator, responsible managing employee, manager or permittee in charge of or in control of a massage establishment shall place, publish, distribute, disseminate or broadcast, or cause to be placed, published, distributed, disseminated or broadcasted in any advertising matter that would reasonably suggest to prospective patrons that massage services other than those services described in Section 5.09.110 are available; nor shall any massage establishment indicate in the text of any advertisement that massage services other than those services described in Section 5.09.110 are available.

(Ord. 577 §1(part), 2004).