§ 5.52.080. Massage establishment operating requirements.

No person shall engage in, conduct, carry on, any massage establishment activity or conduct unless each and all of the following requirements are met:

A.

Each person employed, or acting as a massage technician, shall have a valid permit and/or badge issued by the chief of police which shall be worn on the massage technician's person at all times during working hours. It is unlawful for any owner, operator, manager and/or responsible officer to employ or permit a person to act as a massage technician who is not in possession of a valid, unrevoked massage technician permit issued pursuant to this chapter.

B.

The possession of a valid massage establishment permit does not authorize the permit holder or any other person to perform work for which a massage technician permit is required.

C.

Massage shall be provided or given only between the hours of seven a.m. and ten p.m. No massage establishment shall be open and no customer shall be in the establishment between ten p.m. and seven a.m.

D.

A list of services available and the cost of such services shall be posted in an open public place within the premises and they shall be described in readily understandable language. No owner, operator, manager and/or responsible officer shall permit, and no massage technician shall offer or perform, any service other than those posted.

E.

The massage establishment permit and a copy of the permit of each and every massage technician employed in the establishment shall be displayed in an open and conspicuous place on the premises.

F.

Every massage establishment shall keep a written record of:

1.

The date and hour of each service provided;

2.

The name of each patron and the service received; and

3.

The name of the massage technician administering the service.

The records shall be open to inspection only to city officials, including, but not limited to the police department and the city attorney's office, which is charged with enforcement of this chapter. These records may not be used by the permittee for any other purpose than as records of service provided, and they shall not be provided to other parties by the massage establishment or service. The records shall be retained on the premises of the massage establishment business office for a period of not less than two years.

G.

Massage establishments shall at all times be equipped with an adequate supply of clean sanitary towels, coverings and linens. Clean towels, coverings and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one patron unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one patron. Soiled linens and paper towels shall be deposited in separate receptacles.

H.

Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bathrooms, whirlpool baths and pools shall be thoroughly cleaned and disinfected with a commercial disinfectant, as needed, but at least once each day the premises are open. Bathtubs shall be thoroughly cleaned with a disinfectant after each use. All walls, ceilings, floors and other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition.

I.

Instruments utilized in performing massage shall not be used on more than one patron unless they have been sterilized using approved sterilization methods.

J.

All employees, including massage technicians, shall wear clean, nontransparent outer garments. The garments shall not expose their genitals, pubic areas, buttocks or chest.

K.

No person shall enter, be or remain in any part of a massage establishment while in possession of an open container of alcohol, or while consuming or using any alcoholic beverage or illegal drugs. The owner, operator, manager and/or responsible officer shall not permit any such person to enter or remain upon such premises.

L.

No massage establishment granted a permit under the provisions of this chapter shall place, publish or distribute 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 customers that any service is available other than those services described in Section 5.52.020 of this chapter, nor shall any massage establishment employ language in the text of such advertising that would reasonably suggest to a prospective patron that any service is available other than those services as described in Section 5.52.020 of this chapter.

M.

No massage may be carried on within any cubicle, room, booth or any area within a massage establishment which is fitted with a door capable of being locked. All doors to dressing rooms and treatment rooms shall open inward. Draw drapes, curtain enclosures or accordion-pleated closures are acceptable on all inner dressing and treatment rooms in lieu of doors.

N.

All exit doors shall comply with the requirements of the most recent editions of the Uniform Building Code and the Uniform Fire Code.

O.

A massage shall not be given unless the patron's genitals are fully covered at all times.

P.

No massage establishment shall be open for business without at least one massage technician on the premises at all times who is in possession of a current, unrevoked permit.

Q.

A massage table or chair shall be used for massage. No mattresses shall be placed on the floor.

R.

Unlicensed massage technicians and those persons other than scheduled customers shall not loiter, congregate or remain on the premises during the massage establishment's business hours.

(Ord. 1243 § 2 (part), 1997)