Chapter 5.24
MASSAGE PARLORS
Sections:
5.24.010 Definitions.
5.24.020 Permit—Required.
5.24.030 Permit—Application—Contents.
5.24.040 Permit—Application—Corporate exceptions.
5.24.050 Permit—Fee and filing.
5.24.060 Premises—Facilities and equipment required.
5.24.070 Masseur permit—Required.
5.24.080 Masseur permit—Application.
5.24.090 Permits—Verification conditions.
5.24.100 Application—Referral for review.
5.24.110 Application—Applicant health investigation.
5.24.120 Application—Health officer approval.
5.24.130 Hearing on application—Notice.
5.24.140 Permit—Issuance conditions.
5.24.150 Masseur permit—Issuance conditions.
5.24.160 Employees—Permit requirements.
5.24.170 Masseurs—Permit requirements.
5.24.180 Employees—Identification nameplates.
5.24.190 Permit—Display required.
5.24.200 Permit—Transfer restrictions.
5.24.210 Permit—Suspension or revocation conditions.
5.24.220 Masseur permit—Suspension or revocation.
5.24.230 Hearing on suspension or revocation.
5.24.240 Business name and location restrictions.
5.24.250 Sale or transfer of business.
5.24.260 Register of patrons.
5.24.270 Inspection of premises.
5.24.280 Employing persons under eighteen unlawful.
5.24.290 Unlawful activities designated.
5.24.300 Enforcement of regulations.
5.24.310 Existing businesses—Permit requirements.
5.24.320 Existing businesses—Time limit for compliance.
5.24.330 Violation—Penalty.
5.24.010 Definitions.
A. For the purpose of this chapter, the following words and phrases shall have the following meanings:
“City health officer” means the health officer of the city of Cloverdale, or his authorized representative.
“Employee” means and includes all persons paid directly by the permittee on a monthly, weekly or hourly basis, except that persons, other than masseurs, rendering service as an independent contractor shall not be deemed an employee within the meaning of this chapter.
“Massage” means pressure on or friction against, stroking and kneading of the body by manual or mechanical means.
“Massage establishment” means any establishment wherein massage is given, engaged in or carried on, or permitted to be given, engaged in or carried on, either as a primary or secondary function.
“Masseur” means any person who engages in the practice of massage, as defined in this section. “Masseur” shall also include masseuse, as the use of the masculine gender shall include in all cases the feminine gender as well.
“Outcall massage service” means any business, not licensed as a massage establishment under the provisions of this chapter, wherein the principal function is such that massage is given, engaged in or carried on, or permitted to be given, engaged in or carried on.
“Person” means any individual, copartnership, firm, association, joint stock company, corporation, or combination of individuals of whatever form or character.
B. The foregoing definitions shall not include hospitals, nursing homes, sanitariums, persons holding an unrevoked certificate to practice the healing arts under the laws of the state of California, or persons working under the direction of any such persons in any such establishment. (Ord. 346 N.S. § 1, 1975)
5.24.020 Permit—Required.
It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city, the operation of a massage establishment or an outcall massage service, as defined in this chapter, without first having obtained a permit from the police department issued pursuant to the provisions of this chapter. (Ord. 346 N.S. § 2, 1975)
5.24.030 Permit—Application—Contents.
A. The application for a permit to operate a massage establishment or an outcall massage service shall set forth the exact nature of massage to be administered, the proposed place of business and facilities therefor, and the name and address of each applicant.
B. In addition to the foregoing, any applicant for a permit shall furnish the following information:
1. The two previous business and residential addresses immediately prior to the present or proposed business address of the applicant;
2. Written proof that the applicant is over the age of eighteen years (copy of birth certificate);
3. Applicant’s height, weight, color of eyes and hair, sex and date of birth;
4. Two portrait photographs at least two inches by two inches;
5. Business, occupation or employment of the applicant for the three years immediately preceding the date of the application;
6. The massage or similar business license history of the applicant; whether such person, in previously operating in this or another city or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation of the applicant subsequent to such action or suspension or revocation;
7. All criminal convictions and the reasons therefor,
8. The applicant must furnish a diploma or certificate of graduation from a state-approved school wherein the method, profession and work of massage is taught. The term “state-approved school” means and includes any school or institution of learning which has for its purpose the teaching of the theory, method, profession or work of massage, which has been certified by the State Department of Education, Bureau of School Approvals. The chief of police shall have a right to confirm the fact that the applicant has actually attended classes in a state-approved school;
9. Such other identification and information necessary to discover the truth of the matters hereinbefore specified and required to be set forth in the application.
C. Nothing contained herein shall be construed to deny to the chief of police the right to take the fingerprints and additional photographs of the applicant, nor shall anything contained herein be construed to deny the right of the chief of police to confirm the height and weight of the applicant.
D. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation; the names and residence addresses of each of the officers, directors, and each stockholder owning more than ten percent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant apply. A corporation or partnership shall be deemed to have complied with the provisions of subsection (B)(8) of this section if the managing director or partner or managing employee of the business has the required diploma or certificate of graduation. (Ord. 346 N.S. § 4, 1975)
5.24.040 Permit—Application—Corporate exceptions.
The provisions of subsections (B)(1) through (B)(4) and (B)(7) of Section 5.24.030 on application for permit, relating to requirements for corporate applicants, shall not apply to any of the following:
A. A corporation, the stock of which is listed on a stock exchange in the state of California or in the city of New York, state of New York;
B. A bank, trust company, financial institution or title company to which application is made or to whom a license is issued in a fiduciary capacity;
C. A corporation which is required by law to file periodic reports with the Securities and Exchange Commission. (Ord. 346 N.S. § 5, 1975)
5.24.050 Permit—Fee and filing.
Every applicant for a permit to maintain, operate or conduct a massage establishment or outcall massage service shall file an application with the chief of police upon a form provided by the chief of police, and shall pay a filing fee as provided in the resolution establishing fees and charges for various municipal services, filed in the office of the city clerk. (Ord. 346 N.S. § 3, 1975)
5.24.060 Premises—Facilities and equipment required.
No permit to conduct a massage establishment shall be issued unless an inspection conducted pursuant to Section 5.24. 100 reveals that the establishment complies with each of the following minimum requirements:
A. Construction of rooms used for toilets, tubs, steam baths and showers shall be performed in accordance with the provisions of this chapter and conform to all applicable building regulations.
B. Toilet facilities shall be provided in convenient locations, and water closets for each sex shall be provided. All toilet rooms shall be equipped with self-closing doors opening in the direction of ingress to the toilet rooms. Toilets shall be designated as to the sex accommodated therein.
C. Lavatories or washbasins provided with both hot and cold running water shall be installed in either the toilet room or the vestibule. Lavatories or washbasins shall be provided with soap in a dispenser and with sanitary towels. The number of lavatories to be provided shall be in conformance with any applicable building requirements.
D. All portions of massage establishments shall be provided with adequate light and ventilation by means of windows or skylights with an area of not less than one-eighth of the total floor area, or shall be provided with artificial light and a mechanical operating ventilating system approved by the public works department of the city. When windows or skylights are used for ventilation, at least one-half of the required total window area shall be operable. E. To allow for adequate ventilation, cubicles, rooms and areas provided for patrons’ use not served directly by a required window, skylight or mechanical system of ventilation shall be constructed so that the height of partitions does not exceed seventy-five percent of the floor-to-ceiling height of the area in which they are located. (Ord. 346 N.S. § 8, 1975)
5.24.070 Masseur permit—Required.
Any person who engages in the practice of massage, as defined in this chapter, shall file an application with the chief of police upon a form provided by the chief of police, and shall pay an investigative fee as provided in the resolution establishing fees and charges for various municipal services, filed in the office of the city clerk. (Ord. 346 N.S. § 6, 1975)
5.24.080 Masseur permit—Application.
The application for a masseur permit shall contain the following:
A. Name and residence address;
B. Social security number and driver’s license number, if any;
C. Applicant’s height, weight, color of eyes and hair, and sex, and date of birth;
D. Two portrait photographs at least two inches by two inches;
E. Written evidence that the applicant is over the age of eighteen years (copy of birth certificate);
F Business, occupation or employment of the applicant for the three years immediately preceding the date of the application;
G. Whether such person has ever been convicted of any crime except misdemeanor traffic violations. If any person mentioned in this subsection has been so convicted, a statement must be made giving the place and court in which the conviction was had, the specific charge under which the conviction was obtained, and the sentence imposed as a result of such conviction;
H. The chief of police shall have the right to take fingerprints and a photograph of the applicant with the right of the chief of police to confirm the information submitted;
I. The applicant must have a diploma or certificate of graduation from a state-approved school wherein the method, profession and work of massage is taught. The term “state-approved school” means and includes any school or institution of learning which has for its purpose the teaching of the theory, method, profession or work of massage, which has been certified by the State Department of Education, Bureau of School Approvals. The chief of police shall have a right to confirm the fact that the applicant has actually attended classes in a state-approved school. (Ord. 346 N.S. § 7, 1975)
5.24.090 Permits—Verification conditions.
Every application for a permit under this chapter shall be verified by the applicant under penalty of perjury (Ord. 346 N.S. § 9, 1975)
5.24.100 Application—Referral for review.
The chief of police, upon receiving an application for a massage establishment permit or an outcall massage service permit shall refer the applications to the public works department and the city planning department, which departments shall inspect the premises proposed to be devoted as a massage establishment, and shall make separate written recommendations to the chief of police concerning compliance with the respective requirements within ten days after receipt of the aforementioned referral. (Ord. 346 N.S. § 10, 1975)
5.24.110 Application—Applicant health investigation.
The chief of police shall also submit a copy of the application to the city health officer, who shall thereupon conduct an investigation into the personal health and health history of the applicant, and shall require proof that the applicant is free from all communicable diseases. The applicant shall also furnish an acceptable report of chest X-ray showing freedom from tuberculosis. The health officer may also, in his discretion, order a physical examination of any person engaged in the massage practice. (Ord. 346 N.S. § 11 (part), 1975)
5.24.120 Application—Health officer approval.
Before any license or permit shall issue under this chapter, the health officer shall first sign his approval to the application therefor, and return the form to the chief of police. Should the health officer fail to approve the license or permit application, he shall, with the return application form, set forth fully in writing his reason therefor, based on the following grounds:
A. That the applicant has a communicable or venereal disease; or
B. That the applicant’s personal health history would make him a poor risk in the massage practice; or
C. That the premises fail to meet the sanitation standards required by this chapter, or D. That the applicant is currently in violation of any or some applicable health regulation. (Ord. 346 N.S. § 11 (part), 1975)
5.24.130 Hearing on application—Notice.
A. When an application is filed for a permit under this chapter and the reports required by Section 5.24.100 have been received, the chief of police shall fix a time and place for a hearing thereon.
B. Not less than ten days before the date of such hearing, the chief of police shall cause to be posted a notice of such hearing in a conspicuous place on the property in which or on which the proposed massage establishment or massage service is to be operated and shall, by registered mail, send a similar notice to the applicant. Such posting of notice shall be carried out by the police department. (Ord. 346 N.S. § 12, 1975)
5.24.140 Permit—Issuance conditions.
The chief of police shall issue a permit within fourteen days following the hearing if all of the provisions of this chapter have been met, and shall issue a permit to all persons who have applied to perform massage services unless he finds:
A. That the operation, as proposed by the applicant, if permitted, would not comply with all applicable ordinances and laws, including but not limited to the city’s building, health, zoning and fire ordinances or regulations adopted by the chief of police or the city health officer,
B. That the applicant or any other person who will be directly engaged in the management and operation of a massage establishment or outcall massage service has been convicted of
1. An offense involving conduct which requires registration pursuant to Section 290 of the Penal Code of the state,
2. An offense involving the use of force and violence upon the person of another that constitutes a felony,
3. An offense involving sexual misconduct with children,
4. An offense as defined under Sections 311 through 311.7, 647(a), 647(b), 647a, 647b, 314, 315, 316 or 318 of the Penal Code of the state;
C. If it reasonably appears that the location of the business, after review of the reports required by Section 5.24.100, is not a suitable place in which to conduct or maintain such business or calling, or the applicant requesting such permit does not warrant the issuance thereof. (Ord. 346 N.S. § 13, 1975)
5.24.150 Masseur permit—Issuance conditions.
The chief of police shall issue a masseur permit within fourteen days following a hearing unless he finds that the applicant who will be directly engaged as a masseur has been convicted of
A. An offense involving conduct which requires registration pursuant to Section 290 of the Penal Code of the state;
B. An offense involving the use of force and violence upon the person of another that constitutes a felony;
C. An offense involving sexual misconduct with children;
D. An offense as defined under Sections 311 through 311.7, 647(a), 647(b), 647a, 647b, 314, 315, 316 or 318 of the Penal Code of the state. (Ord. 346 N.S. § 14, 1975)
5.24.160 Employees—Permit requirements.
It shall be the responsibility of the holder of the permit for the massage establishment or the employer of any such persons purporting to act as masseurs, to ensure that each person employed as a masseur shall first have obtained a valid permit pursuant to this chapter. (Ord. 346 N.S. § 28, 1975)
5.24.170 Masseurs—Permit requirements.
A. No operator of a massage establishment or an outcall massage service as defined in this chapter shall employ any masseur on the premises unless and until such person has been granted a masseur permit by the chief of police as provided herein.
B. The operator of such establishment must maintain a register of all persons so employed and their permit number, which register shall be available for inspection at all times during regular business hours. (Ord. 346 N.S. § 15, 1975)
5.24.180 Employees—Identification nameplates.
The chief of police shall provide each employee licensed pursuant to this chapter with an identification nameplate which shall contain a photograph of the employee, the full name, and permit number assigned to the employee, which must be worn during working hours on the chest portion of the body. (Ord. 346 N.S. § 16, 1975)
5.24.190 Permit—Display required.
Every person to whom or for whom a permit shall have been granted pursuant to the provisions of this chapter shall display the permit in a conspicuous place so that the same may be readily seen by persons entering the premises, or persons engaged in an outcall massage service must have their permit available for inspection at all times. (Ord. 346 N.S. § 24,1975)
5.24.200 Permit—Transfer restrictions.
No permit shall be transferable except with the written consent of the chief of police, and such consent shall not be unreasonably withheld. An application for such a transfer shall be in writing and shall be accompanied by a filing fee as provided in the resolution establishing fees and charges for various municipal services, located in the office of the city clerk. The written application for such transfer shall contain the same information as requested herein for an initial application for such a permit. (Ord. 346 N.S. § 26, 1975)
5.24.210 Permit—Suspension or revocation conditions.
A. Any permit issued for a massage establishment or outcall massage service may be revoked or suspended by the chief of police, after a hearing conducted pursuant to Section 5.24.230 in any case where any of the provisions of this chapter are violated, or where any employee of the permittee, including masseurs, is engaging in immoral conduct or activities at the permittee’s place of business, or in any case where the permittee refuses to permit any duly authorized officer of the city to inspect the premises or the operations therein.
B. Such permit may also be revoked or suspended by the chief of police, after hearing, upon the recommendation of the health officer that such business is being managed, conducted or maintained without regard for the public health or health of patrons or customers, or without due regard to proper sanitation or hygiene. (Ord. 346 N.S. § 17, 1975)
5.24.220 Masseur permit—Suspension or revocation.
Any masseur permit issued by the chief of police may be revoked or suspended after a hearing conducted pursuant to Section 5.24.230 on any of the following grounds:
A. Violation of any of the provisions of this chapter applicable to masseurs;
B. Conviction of any crime requiring registration under Section 290 of the Penal Code of the state;
C. Violation of Sections 311 through 311.7,647(a), 647(b), 647a, 647b, 650 1/2, 314, 315, 316 or 318 of the Penal Code of the state. (Ord. 346 N.S. § 18, 1975)
5.24.230 Hearing on suspension or revocation.
A. Prior to the revocation or suspension of any permit issued pursuant to the provisions of this chapter, a hearing shall be held by the chief of police. Written notice of the grounds for the hearing, as well as its time and place, shall be mailed to the permittee seven days prior to the hearing. Within twenty-four hours after the conclusion of the hearing, the chief of police shall mail written notice to the permittee of his decision.
B. The decision of the chief of police may be appealed by the permittee to the city council. (Ord. 346 N.S. § 19, 1975)
5.24.240 Business name and location restrictions.
A. No person granted a permit issued pursuant to this chapter shall operate under any name or conduct his business under any designation not specified in his permit.
B. Permittees shall notify the police department of any changes in name or address of home or business. In case of any change of location or extension of the place of business, inspection thereof shall be made as required in this chapter before use of the same for the purpose of the business, and an amended permit within thirty days shall be issued, if indicated, in order to show clearly the address or place of such new location or extensions. No fee shall be charged either for such inspection or for such amended permit. (Ord. 346 N.S. § 21, 1975)
5.24.250 Sale or transfer of business.
Upon sale or transfer of a massage establishment or an outcall massage service, the permit and license therefor shall be null and void. (Ord. 346 N.S. § 21, 1975)
5.24.260 Register of patrons.
Every person who engages in or conducts a massage establishment or outcall massage service as defined in this chapter shall keep a daily register, approved in form by the police department, of all patrons, the hour of the patron’s arrival, the room or cubicle assigned to the patron, if any, and the masseur who massaged the patron. The daily register shall at all times during business hours be subject to inspection by the health officer and by the police department, and shall be kept on file for one year. (Ord. 346 N.S. § 23, 1975)
5.24.270 Inspection of premises.
The police department and the health officer shall from time to time make an inspection of each massage establishment in the city for the purpose of determining compliance with the provisions of this chapter. (Ord. 346 N.S. § 25, 1975)
5.24.280 Employing persons under eighteen unlawful.
It is unlawful for the owner, proprietor, manager or any other person in charge of any massage establishment or outcall massage service to employ any person who is not at least eighteen years of age. (Ord. 346 N.S. § 20, 1975)
5.24.290 Unlawful activities designated.
It is unlawful for any person to massage any other person, or give or administer any bath or baths, or to give or administer any of the other things mentioned in this chapter in a manner which would violate the provisions of subsection C of Section 5.24.220. Any violation of this provision shall be deemed grounds for the revocation of the permit granted under this chapter. (Ord. 346 N.S. § 27, 1975)
5.24.300 Enforcement of regulations.
The chief of police may make and enforce reasonable rules and regulations in connection with enforcement functions not in conflict with, but to carry out the intent of this chapter. (Ord. 346 N.S. § 31, 1975)
5.24.310 Existing businesses—Permit requirements.
A. The provisions of this chapter shall be applicable to persons now engaged in the business herein regulated. Existing businesses of the kind referred to in this chapter shall conform with all provisions of this chapter, except that persons applying for a license hereunder may substitute two years’ experience in the operation of a massage establishment or an outcall massage service for the requirement of a diploma or certificate of graduation from a state-approved school wherein the method and work of massage is taught.
B. Masseur applicants may substitute one year’s experience for the same requirement. (Ord. 346 N.S. § 29, 1975)
5.24.320 Existing businesses—Time limit for compliance.
Persons now engaged in the business referred to in this chapter and in the preceding section, either as an operator of a massage establishment or an outcall massage service shall file for the permit required by Section 5.24.020 of this chapter within thirty days of the effective date of the ordinance codified herein; failure to do so shall make continued operation of the place of business a violation of Section 5.24.320 hereof. (Ord. 346 N.S. § 30, 1975)
5.24.330 Violation—Penalty.
A. Every person, except those persons who are specifically exempted by this chapter, whether acting as an individual, owner, employee of the owner, operator or employee of the operator, or whether acting as a mere helper for the owner, employee or operator, or whether acting as a participant or worker in any way, who gives massages or conducts a massage establishment or room who does or practices any of the other things or acts mentioned in this chapter without first obtaining a permit and paying for a license to do so from the city, or shall violate any provisions of this chapter, shall be guilty of a misdemeanor.
B. Any owner, operator, manager or permittee in charge or in control of a massage establishment who knowingly employs a person performing as a masseur as defined in this chapter who is not in possession of a valid permit, or who allows such an employee to perform, operate or practice within such a place of business, is guilty of a misdemeanor. (Ord. 346 N.S. § 32, 1975).