Chapter 20.48
MASSAGE ESTABLISHMENTS
Sections:
20.48.065 Additional regulations.
20.48.010 Purpose.
A. It shall be unlawful for any person, association, partnership or corporation to engage in, conduct or carry on (or permit to be engaged in, conducted or carried on) in or upon any premises within the City of Coronado the operation of a massage establishment, without first having obtained an operations permit: massage establishment, together with any other licenses and permits required by this code.
B. The provisions of this chapter shall not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions:
1. Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly licensed to practice their respective professions in the State of California;
2. Nurses registered under the laws of the State of California;
3. Barbers and beauticians who are duly licensed under the laws of the State of California while engaging in practices within the scope of their licenses;
4. Hospitals, nursing homes, sanitariums, or other health care facilities duly licensed by the State of California;
5. Accredited high schools, junior colleges, and colleges whose employees are acting within the scope of their employment;
6. Trainers of amateur, semiprofessional or professional athletes or athletic teams. (Ord. 1554)
20.48.020 Issuing authority.
The Director of Police Services is authorized to issue operations permit: massage establishment.
20.48.030 Definitions.
Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.
A. “Employee” means any and all persons, other than a massage technician, who may render any service to the permittee, and who receives compensation directly from the permittee or his agent, and who have no physical contact with the customers or clients.
B. “Massage” means any method of treating the external parts of the body by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances; or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations.
C. “Massage establishment” means any establishment having a fixed place of business where any person, firm, association, partnership or corporation engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on, any business of giving massages.
D. “Massage technician” means any person who administers to another person, for any form of consideration, a massage.
E. “Out call massage service” means a massage establishment where a function of such business is to engage in or carry on massage, not at a fixed location but at a location designated by the customer or client.
F. “Recognized school of massage” means any school or institution of learning which teaches the theory, ethics, practice, profession, or work of massage, which school or institution has been approved pursuant to the California Education Code, and which requires a resident course of study of not less than 100 hours to be given in not less than six calendar months before the student shall be furnished with a diploma or a certificate of graduation. Schools offering a correspondence course not requiring attendance shall not be deemed a recognized school. The City of Coronado shall have a right to confirm that the applicant has actually attended class in a recognized school. (Ord. 1582)
20.48.040 Investigation fee.
The investigation fee shall be set from time to time upon the recommendation of the City Manager approved by resolution of the City Council.
20.48.050 Permit fee.
The permit fee shall be set from time to time upon the recommendation of the City Manager approved by resolution of the City Council.
20.48.060 Regulations.
A. No owner, manager, operator, responsible managing employee, or permittee in charge of or in control of a massage establishment shall employ or permit a person to act as a massage technician who is not in possession of a valid, unrevoked massage technician permit.
B. The possession of a valid massage establishment permit does not authorize the possessor to perform work as a massage technician. A massage technician permit is required.
C. Massage shall be provided only between the hours of 7:00 a.m. and 10:00 p.m.
D. A list of services available and the cost of such services shall be posted in an open, public place within the massage establishment. No owner, manager, operator, responsible managing employee, or permittee shall permit and no massage technician shall offer or perform any service other than those posted.
E. No massage establishment shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that suggests that any service is available other than those services posted in accordance with subsection D of this section.
F. Every massage establishment shall prepare a concurrent written record of the date and hour of each massage, the name and address of each patron, the name of the massage technician administering the treatment, and the type of treatment administered. Such records shall be open to inspection only by officials charged with enforcement of this chapter and for no other purpose. The information furnished or secured as a result of any inspection shall be kept confidential. Any unauthorized disclosure or use of such records by any employee of the City of Coronado or the County of San Diego or the owner or employee of the massage establishment shall constitute a misdemeanor. Such records shall be maintained for a period of two years from the date of the entry.
G. Massage establishments shall provide to each patron, with request of the patron, clean, sanitary towels and linen or other covering for the surface upon which the massage is given. The towels, linen or other covering shall not be reused without first having been laundered and disinfected. Disposable towels and coverings shall not be reused.
H. If the massage establishment provides massages to both males and females, then separate massage rooms, dressing facilities, toilet facilities, bathing facilities, and locker facilities shall be provided to each sex and each room and facility will be clearly designed as being for a particular sex.
I. Based upon the maximum number of patrons for which the massage establishment can render on-site, simultaneous massages, there shall be:
1. A minimum of one shower or tub for each two persons;
2. A minimum of one separate locker capable of being locked for each patron;
3. Two toilets and two wash basins for every six male patrons;
4. Two toilets and two wash basins for every six female patrons.
J. Patrons of different sexes shall not be placed in same room, booth or cubicle.
K. All employees, including massage technicians, shall wear clean, nontransparent outer garments covering the body from knee to neck. A separate employee dressing room for each sex must be available on the premises with individual lockers for each employee.
L. A minimum of one separate wash basin shall be provided in each massage establishment for the use of employees, 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 performing of massage services. Sanitary towels shall also be provided at each basin.
M. Each massage table shall be covered with a pad of durable, washable plastic or other waterproof material acceptable to the Health Department.
N. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bath rooms, cabinet rooms, and pools shall be maintained in a thoroughly clean and disinfected condition. At least once each day the premises shall be cleaned with a disinfectant approved by the Health Department. Showers and bathtubs shall be thoroughly cleaned with a disinfectant approved by the Health Department 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.
O. Instruments utilized in performing massage shall not be used on more than one patron unless they have been sterilized, using approved sterilizing methods.
P. Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided by the permittee.
Q. No massage shall 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.
R. All exterior doors shall remain unlocked during business hours from the interior side.
S. Massage shall not be given unless the patron’s genitals are fully covered and female patrons are, in addition, wearing clothing fully covering their breasts.
T. No massage establishment shall open for business without at least one massage technician holding a current, unrevoked permit being on the premises at all times.
U. No person other than the person receiving a massage and a massage technician, who possesses a current and unrevoked permit, shall be within a room wherein a massage is being given.
V. No massage establishment shall operate as a school of massage, or use the same facilities as that of a school of massage.
W. No persons shall enter, be or remain in any part of a massage establishment or at a location where a massage is being given while in the possession of, consuming or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. The owner, operator, responsible managing employee, manager, or permittee shall not permit any such person to enter or remain upon such premises.
X. The City of Coronado Director of Police Services, Director of Community Development, and the San Diego County Health Officer or their authorized representatives shall be allowed to enter the massage establishment from time to time for the purpose of making reasonable inspections to observe and enforce compliance with applicable regulations, laws and the provisions of this chapter.
Y. The holder of a permit to operate or conduct a massage establishment shall notify the Director of Police Services, in writing, of the name and address of each person employed as a massage technician at such establishment within five business days of that person being employed.
Z. Hot and cold running water shall be provided at the massage establishment at all times.
20.48.065 Additional regulations.
A. Closed cabinets shall be provided for the storage of clean linens, towels and coverings. Receptacles for used towels, linens and other coverings shall be provided at the location where the massage is given.
B. If, during the term of a permit, the applicant has any change in information concerning his original application, he must so notify the Director of Police Services, in writing, within 30 days of such change.
C. The holder of a permit shall not permit a person in the permittee’s employ to violate the provisions of Chapter 20.49 CMC.
D. Any sign shall comply with the ordinances of the City of Coronado.
E. Lighting shall be provided in accordance with Article 220 of the National Electric Code, and in addition, at least one artificial light of not less than 40 watts shall be provided in each room or enclosure where massage services are performed.
F. Ventilation shall be provided in accordance with Section 1105 of the Uniform Building Code.