5.60.200 - Aromatherapy establishment operational standards.

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

Hours and Conditions of Operation.

(A)

No aromatherapy establishment shall operate nor shall any aromatherapy be administered in any aromatherapy establishment between the hours of ten p.m. and eight a.m. An aromatherapy 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 aromatherapy establishment and in the front window clearly visible from the outside of the aromatherapy establishment.

(B)

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

(2)

Posting Requirements.

(A)

The aromatherapy establishment permit, city business license, and a copy of the permit of each and every aromatherapy technician providing aromatherapy services in the aromatherapy 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 aromatherapy establishment, shall permit, and no aromatherapy 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 an aromatherapy establishment; provided, that all such signs shall comply with the sign requirements of the city.

(D)

The building entrance to an aromatherapy 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 washbasin shall be provided for the patrons in every aromatherapy establishment; however, if male and female patrons are to be served simultaneously at the establishment, separate toilet facilities shall be provided for male and female patrons. Hot and cold running water under pressure shall be provided to all washbasins 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 washbasin shall be provided with soap or detergent and sanitary towels placed in permanently installed dispensers.

(D)

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

(E)

All walls, ceilings, floors and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition.

(F)

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.

(G)

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.

(H)

During the operation of the aromatherapy business, a light level of no less than five foot candles shall be maintained at every point within each room or enclosure where aromatherapy 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.

(I)

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

(J)

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.

(K)

Each entrance to the aromatherapy 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 aromatherapy.

(B)

No furniture designed for sleeping shall be located in rooms used for aromatherapy treatment.

(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)

All 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)

Record-Keeping Requirements.

(A)

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

(6)

Employees or Aromatherapy Technicians.

(A)

All employees, including aromatherapy technicians, at all times while on the premises of the aromatherapy 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 aromatherapy establishment.

(B)

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

(i)

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

(7)

Prohibited Conduct.

(A)

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

(B)

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 (5)(A) of this section has been recorded shall be allowed beyond the front lobby of the aromatherapy establishment, which shall be located directly inside the front door entrance of the aromatherapy establishment.

(C)

No person shall enter, be or remain in any part of the aromatherapy 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.

(D)

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

(E)

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

(F)

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

(G)

No owner, operator, responsible managing employee, manager or permittee in charge of or in control of an aromatherapy 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 aromatherapy services other than those services described in Section 5.60.110 are available; nor shall any aromatherapy establishment indicate in the text of any advertisement that aromatherapy services other than those services described in Section 5.60.110 are available.

(Ord. 578 §1(part), 2004).