Title 7 BUSINESS LICENSES
Chapter 7.54 MASSAGE
Part 1 MASSAGE PARLORS
7.54.010 Definitions.
7.54.020 License--Required.
7.54.030 Employee reporting requirement.
7.54.040 Exceptions to chapter applicability.
7.54.050 License--Hearing on application.
7.54.060 Employment of unlicensed massage technicians prohibited.
7.54.070 Facilities prerequisite to license issuance.
7.54.080 Site requirements.
7.54.090 Signs.
7.54.100 Building code requirements.
7.54.110 Cleanliness.
7.54.120 Separate rooms for customers required when.
7.54.130 Bathing, dressing and toilet facilities.
7.54.140 Washbasins for employees.
7.54.150 Operation requirements generally.
7.54.160 Hours of operation.
7.54.170 Recording of activities prohibited.
7.54.180 Maintenance of premises and equipment.
7.54.190 Persons using alcohol or drugs prohibited.
Part 2 MASSAGE TECHNICIANS
7.54.200 Massage technician defined.
7.54.210 License--Required.
7.54.220 Exceptions to Part 2 applicability.
7.54.230 License--Information required in application.
7.54.240 License--Applicant qualifications--Verification.
7.54.250 License--Limitations.
7.54.260 Clothing--Required.
7.54.270 Issued identification--Required.
7.54.280 Manager--Required.
7.54.290 License--Revocation.
Part 1 MASSAGE PARLORS
7.54.010 Definitions.
As used in this chapter:
“Massage parlor” means any
premises where “massage” or “massage services” are
given.
“Massage” and “massage services” mean and
shall include any method of pressure on or friction against, or stroking,
kneading, rubbing, tapping, pounding, manipulation, or stimulating the external
parts of the body, with or without the aid of any mechanical or electrical
apparatus or appliances, with or without supplementary aids such as rubbing
alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or
other similar preparations.
“Massage” and “massage
services” shall further include any bath, facial massage, fomentations,
massage, electric or magnetic treatment, acupressure, shiatsu, alcohol rubs, and
Russian, Swedish or Turkish baths. (Ord. 91-0079 § 1 (part),
1991.)
7.54.020 License--Required.
Every person conducting or managing a massage parlor, or any other place
where facial massages, fomentations, massage, electric or magnetic treatment,
acupressure, shiatsu, alcohol rubs, Russian, Swedish or Turkish baths are
administered or given, or any school of massage which performs any such activity
for any member of the public for any form of consideration or gratuity, shall
first procure a license and for each of such places pay an annual license fee in
the amount set forth in Section 7.14.010 of this title, under the appropriate
heading. This requirement does not apply to any location licensed as a health
club, provided only one massage table is used at such location and provided such
use is incidental to the operation of the health club. (Ord. 91-0079 § 1
(part), 1991: Ord. 12230 § 2, 1980: Ord. 11209 § 1 (part), 1975: Ord.
10775 § 1, 1973: Ord. 9749 § 9 (part), 1969: Ord. 8608 § 1
(part), 1964: Ord. 5860 Ch. 2 Art. 11 § 591, 1951.)
7.54.030 Employee reporting requirement.
The holder of a license required by Section 7.54.020 shall notify the
treasurer and tax collector in writing, of the name and address of each person
employed as an acupressurist, masseuse, or massage technician as defined in
Section 7.54.200 within five business days of that person being employed. (Ord.
91-0079 § 1 (part), 1991.)
7.54.040 Exceptions to chapter applicability.
This Part 1 does not apply to any treatment administered in good faith in
the course of the practice of any healing art personally by any person licensed
to practice any such art or profession under the provisions of the Business and
Professions Code of the state of California or any other statute of this state.
(Ord. 91-0079 § 1 (part), 1991: Ord. 10233 § 4, 1971: Ord. 5860 Ch. 2
Art. 11 § 593, 1951.)
7.54.050 License--Hearing on application.
Except as provided in Section 7.06.260, the business license commission
shall hold a public hearing on every application for a license required by this
Part 1, and shall give notice of such hearing as required by Sections 7.10.100,
7.10.110, 7.10.120 and 7.10.130 of this title. (Ord. 91-0079 § 1 (part),
1991: Ord. 10233 § 2, 1971: Ord. 9714 § 12, 1969: Ord. 5860 Ch. 2 Art.
11 § 591.8, 1951.)
7.54.060 Employment of unlicensed massage technicians prohibited.
A licensee or person required by this Part 1 to obtain a license shall not
hire or employ a massage technician unless such massage technician possesses a
valid, subsisting license required by Part 2 of this chapter. (Ord. 91-0079
§ 1 (part), 1991: Ord. 10336 § 4, 1971: Ord. 5860 Ch. 2 Art. 11 §
592.2, 1951.)
7.54.070 Facilities prerequisite to license issuance.
A license shall not be issued pursuant to this Part 1 unless an inspection
reveals that the establishment complies with each of the following minimum
requirements of this Part 1. (Ord. 91-0079 § 1 (part), 1991: Ord. 10233
§ 1 (part), 1971: Ord. 5860 Ch. 2 Art. 11 § 591.1, 1951.)
7.54.080 Site requirements.
No massage or massage services shall be given in a business or premises
licensed pursuant to this chapter, or in an establishment providing acupressure,
shiatsu, skin care, body wrap or the like within any cubicle, room, booth, or
other area which is fitted with a door capable of being locked. The
premises’ exterior doors and the doors separating the waiting or reception
area from the remainder of the premises shall remain unlocked during business
hours (including electric locking devices). (Ord. 91-0079 § 1 (part),
1991.)
7.54.090 Signs.
A recognizable and readable sign shall be posted at the main entrance,
identifying the establishment. Such sign shall comply with all requirements of
all county ordinances. (Ord. 91-0079 § 1 (part), 1991: Ord. 10233 § 1
(part), 1971: Ord. 5860 Ch. 2 Art. 11 § 591.2, 1951.)
7.54.100 Building code requirements.
A. Minimum lighting shall be provided in accordance with the building
code, and, in addition, at least one artificial light of not less than 40 watts
shall be provided in each enclosed room or booth where massage services are
being performed on a patron.
B. Minimum ventilation shall be provided in
accordance with the building code. (Ord. 91-0079 § 1 (part), 1991: Ord.
10233 § 1 (part), 1971: Ord. 5860 Ch. 2 Art. 11 § 591.3,
1951.)
7.54.110 Cleanliness.
A. Adequate equipment for disinfecting and sterilizing instruments used in
performing the acts of massage shall be provided.
B. Hot and cold running
water shall be provided at all times.
C. Separate closed cabinets shall be
provided for the storage of clean and soiled linen, and shall be plainly marked:
“Clean Linen,” “Soiled Linen.”
D. All walls,
ceilings, floors, pools, showers, bathtubs, steamrooms, and all other physical
facilities, shall be in good repair. (Ord. 91-0079 § 1 (part), 1991: Ord.
10233 § 1 (part), 1971: Ord. 5860 Ch. 2 Art. 11 § 591.4,
1951.)
7.54.120 Separate rooms for customers required when.
In any establishment in which massage services are rendered only to
members of the same sex at any one time, such persons of the same sex may be
placed in a single separate room; or the operators of the massage establishment
may elect to place such persons of the same sex in separate enclosed rooms or
booths having adequate ventilation to an area outside said room or booth while
massage services are being performed. (Ord. 91-0079 § 1 (part), 1991: Ord.
10233 § 3 (part), 1971: Ord. 5860 Ch. 2 Art. 11 § 591.5,
1951.)
7.54.130 Bathing, dressing and toilet facilities.
Adequate bathing, dressing, locker and toilet facilities shall be provided
for patrons. A minimum of one tub or shower, one dressing room containing a
separate locker for each patron to be served, which locker shall be capable of
being locked, as well as a minimum of one toilet and one washbasin, shall be
provided in every massage establishment; provided, however, that if male and
female patrons are to be served simultaneously at the establishment, separate
bathing, a separate massage room or rooms, separate dressing and separate toilet
facilities shall be provided for male and female patrons. (Ord. 91-0079 § 1
(part), 1991: Ord. 10233 § 3 (part), 1971: Ord. 5860 Ch. 2 Art. 11 §
591.6, 1951.)
7.54.140 Washbasins for employees.
A minimum of one separate washbasin shall be provided in each massage
establishment for the use of employees of any such establishment, which basin
shall provide soap or detergent and hot and cold running water at all times, and
shall be located within or as close as practicable to the area devoted to the
performing of massage services. In addition, there shall be provided at each
washbasin sanitary towels placed in permanently installed dispensers. (Ord.
91-0079 § 1 (part), 1991: Ord. 10233 § 3 (part), 1971: Ord. 5860 Ch. 2
Art. 11 § 591.7, 1951.)
7.54.150 Operation requirements generally.
Every establishment for which this Part 1 requires a license shall be
maintained and operated in conformity with the following sections. (Ord. 91-0079
§ 1 (part), 1991: Ord. 10233 § 3 (part), 1971: Ord. 5860 Ch. 2 Art. 11
§ 591.9, 1951.)
7.54.160 Hours of operation.
The licensee shall not conduct or operate a massage parlor between the
hours of 10:30 p.m. and 7:00 a.m. of any day, and shall exclude all customers,
patrons and visitors therefrom between those hours. (Ord. 91-0079 § 1
(part), 1991: Ord. 12145 § 1, 1980: Ord. 5860 Ch. 2 Art. 11 § 592.3,
1951.)
7.54.170 Recording of activities prohibited.
No building or part thereof where massage or massage services are being
conducted shall be equipped with any electronic, mechanical or artificial device
used, or capable of being used, for recording or videotaping, for monitoring the
activities, conversation, or other sounds in the treatment room or room used by
customers. (Ord. 91-0079 § 1 (part), 1991.)
7.54.180 Maintenance of premises and equipment.
A. All walls, ceilings, floors, pools, showers, bathtubs, steamrooms and
all other physical facilities for the establishment shall be in good repair and
maintained in a clean and sanitary condition.
B. Wet and dry heat rooms,
steam or vapor rooms, or steam or vapor cabinets, shower compartments and toilet
rooms shall be thoroughly cleaned each day the business is in operation.
Bathtubs shall be thoroughly cleaned after each use.
C. 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.
D. Standard or portable massage tables shall be used with a
durable, washable plastic or other waterproof material as a covering. Foam pads
more than four inches thick or more than four feet wide may not be used. Beds,
mattresses and water beds may not be used in the administration of a massage.
(Ord. 91-0079 § 1 (part), 1991: Ord. 10233 § 3 (part), 1971: Ord. 5860
Ch. 2 Art. 11 § 592.1, 1951.)
7.54.190 Persons using alcohol or drugs prohibited.
A person shall not enter, be or remain in any part of a massage parlor or
premises licensed as such while in the possession of, consuming or using any
alcoholic beverage or drugs. The licensee, manager, and every supervising
employee, shall not permit any such person to enter or remain upon such
premises. (Ord. 91-0079 § 1 (part), 1991: Ord. 10545 § 3, 1972: Ord.
5860 Ch. 2 Art. 11 § 592, 1951.)
Part 2 MASSAGE TECHNICIANS
7.54.200 Massage technician defined.
A. As used in Part 1 and Part 2 of this chapter, “massage
technician” means any persons, male or female who administer to any
person, for any form of consideration or gratuity, a “massage” or
“massage services” as defined in Section 7.54.010 of this chapter. A
“massage technician includes a student at a school of massage who
administers a massage or massage services to any person who pays for or gives a
gratuity for such, whether the payment or gratuity is to such student or to the
school.
B. As used in this Part 2 “recognized school” means any
school or institution of learning, which school or institution of learning has
been approved pursuant to Section 29025 of the Education Code of the state of
California, and which has for its purpose the teaching of the theory, method,
profession, practice or work of a massage technician. (Ord. 91-0079 § 1
(part), 1991: Ord. 85-0131 § 1, 1985: Ord. 11126 § 1 (part), 1975:
Ord. 10775 § 1 (part), 1975: Ord. 10233 § 5 (part), 1971: Ord. 5860
Ch. 2 Art 11.5, § 595, 1951.)
7.54.210 License--Required.
Every massage technician shall first procure a license and pay a license
fee in the amount set forth in Section 7.14.010 of this title, under the
appropriate heading. (Ord. 91-0079 § 1 (part), 1991: Ord. 11209 § 1
(part), 1975: Ord. 10233 § 5 (part), 1971: Ord. 5860 Ch. 2 Art. 11.5 §
595, 1951.)
7.54.220 Exceptions to Part 2 applicability.
This Part 2 does not apply to any treatment administered in good faith in
the course of the practice of any healing art personally by any person licensed
to practice any such art or profession under the provisions of the Business and
Professions Code of the state of California or any other statute of this state.
(Ord. 91-0079 § 1 (part), 1991: Ord. 10233 § 3 (part), 1971: Ord. 5860
Ch. 2 Art. 11.5 § 599, 1951.)
7.54.230 License--Information required in application.
In addition to the requirements of Section 7.06.020, an application for a
license required by this Part 2 also shall show:
A. The two previous
addresses, if any, immediately prior to the present address of the
applicant;
B. Written statements of at least five persons that the applicant
is of good moral character;
C. Written proof that the applicant is over the
age of 18 years;
D. Applicant’s height, weight, color of eyes and
hair;
E. Two portrait photographs at least two inches by two
inches;
F. Business, occupation or employment of the applicant for the three
years immediately preceding the date of the application;
G. The license
history of the applicant; whether the applicant has had a license for any
business or similar activity issued by this or any other county, by any city, or
by the state revoked or suspended, the reason therefor, and the business
activity or occupation subsequent to such action of suspension or
revocation;
H. All convictions, except for minor traffic violations, and the
reasons therefor;
I. A certificate from a medical doctor stating that the
applicant has, within 30 days immediately prior thereto, been examined and found
to be free of any contagious or communicable disease;
J. Such other
identification and information necessary to discover the truth of the matters
hereinabove specified as required to be set forth in the
application;
K. Nothing contained herein shall be construed to deny the
sheriff the right to take fingerprints and additional photographs of the
applicant, nor shall anything contained herein be construed to deny the right of
the sheriff to confirm the height and weight of the applicant. (Ord. 91-0079
§ 1 (part), 1991: Ord. 11126 § 1 (part), 1975: Ord. 10233 § 5
(part), 1971: Ord. 5860 Ch. 2 Art. 11.5 § 596, 1951.)
7.54.240 License--Applicant qualifications--Verification.
A. The applicant shall:
1. Furnish with his application a diploma or
certificate of graduation from a recognized school wherein the method,
profession and work of a massage technician is taught; or
2. Furnish with
his application a diploma or certificate from a school outside of the state of
California which substantially complies with the educational requirements of
Section 29025 of the Education Code of this state; or
3. Have had not less
than five years’ experience as a practicing massage technician and furnish
proof thereof.
B. Any department which has as one of its duties the
investigation of this licensed activity or enforcement of this title shall have
the right to verify for authenticity the information supplied pursuant to this
section. (Ord. 91-0079 § 1 (part), 1991: Ord. 11126 § 1 (part), 1975:
Ord. 10233 § 5 (part), 1971: Ord. 5860 Ch. 2 Art. 11.5 § 597,
1951.)
7.54.250 License--Limitations.
No massage technician licensed pursuant to this chapter may perform any
massage or massage services in any location other than that location specified
on the license. (Ord. 91-0079 § 1 (part), 1991.)
7.54.260 Clothing--Required.
No massage or massage services may be administered unless the patron wears
clothing which covers the patron’s genitals, and if the patron is female,
the breasts. The massage technician shall at all times while on the premises of
the establishment, be clean, and wear nontransparent outer garments covering the
body from knee to neck. (Ord. 91-0079 § 1 (part), 1991.)
7.54.270 Issued identification--Required.
All massage technicians must wear a picture I.D. issued by the treasurer
and tax collector while working in a massage parlor. (Ord. 91-0079 § 1
(part), 1991.)
7.54.280 Manager--Required.
All establishments licensed under this section shall at all times the
establishment is open have a responsible person licensed under Section 7.54.210
acting as manager on the premises. The manager must be familiar with the
requirements of this chapter and be capable of communicating the provisions of
this chapter to employees and patrons of the establishment. (Ord. 91-0079 §
1 (part), 1991.)
7.54.290 License--Revocation.
The business license commission shall revoke any license issued
pursuant to Part 1 and Part 2 of this chapter upon receiving satisfactory
evidence that either:
A. The licensee has been convicted of or entered a
plea of guilty or nolo contendere to any violation of Penal Code Section 647(b),
266(h), 266(i), 315, or 316; or
B. The licensee has violated any provision
of Chapter 7.54 of the county code on two separate occasions within a 12-month
period.
Whenever a license has been revoked, the former licensee, whether a
person, partnership, or corporation, shall not be granted a new license for a
period of one year from the date of revocation. (Ord. 91-0079 § 1 (part),
1991.)
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