Chapter 4.20
MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES
Sections:
Article I. General Provisions
4.20.010 Definitions.
4.20.020 Exemptions.
4.20.030 Verification of applications.
4.20.040 Permit fee required.
4.20.050 Permit nontransferable.
4.20.060 Appeal procedure.
4.20.070 Delivery of notice.
Article II. Massage Establishments
4.20.080 Permit—Required.
4.20.090 Application procedure—Generally.
4.20.100 Application procedure—Corporate applicant.
4.20.110 Application procedure—Partnership applicant.
4.20.120 Permit—Issuance or denial.
4.20.130 Permit—Grounds for denial.
4.20.140 Permit—Display requirements.
4.20.150 Permit—Revocation.
4.20.160 Facilities—Compliance required.
4.20.170 Operating requirements.
4.20.180 Licensed masseurs or masseuses required.
4.20.190 Employees—Age requirement.
4.20.200 Daily register required.
4.20.210 Official inspections.
4.20.220 Advertising restrictions.
4.20.230 Massage prohibited in lockable areas.
4.20.240 Massage by customer prohibited.
4.20.250 Outcall massage services prohibited.
Article III. Masseurs and Masseuses
4.20.260 Permit—Required.
4.20.270 Application procedure.
4.20.280 Permit—Issuance or denial.
4.20.290 Permit—Grounds for denial.
4.20.300 Wearing identification nameplate required.
4.20.310 Permit—Revocation.
Article I. General Provisions
4.20.010 Definitions.
Unless the provision or context otherwise requires, the definitions contained herein shall govern the construction of this chapter:
“Applicant” means any person who applies for a permit as required by this chapter.
“Bona fide nonprofit club” means any fraternal, charitable, religious, benevolent or any other nonprofit organization having a regular membership association primarily for mutual social, mental, political and civic welfare, to which admission is limited to the members and guests and revenue accruing therefrom is to be used exclusively for the benevolent purposes of the organization and which organization or agency is exempt from taxation under the Internal Revenue Laws of the United States as a bona fide fraternal, charitable, religious, benevolent or nonprofit organization.
“Employee” means any person, other than the masseurs or masseuses, who renders any service to the permittee, who receives compensation directly from the permittee, and who has no physical contact with the customers and clients.
“Health Officer” means the Health Officer of the county of Alameda or his authorized representative.
“Massage” means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparation commonly used in this practice.
“Massage establishment” means any establishment having a fixed place of business where any person engages in or carries on or permits to be engaged in or carried on any of the activities described in the definition of “massage” set out in this section. Any establishment engaged in or carrying on, or permitting any combination of massage and bathhouse shall be deemed a massage establishment.
“Masseur” or “masseuse” means any person who, for any consideration whatsoever, engages in the practice of massage as herein defined.
“Outcall massage service” means engaging in or carrying on the practice of massage, not at a fixed location licensed as a massage establishment, but at a location designated by the permittee, masseur or masseuse, customer or client.
“Permittee” means any person operating or maintaining a massage establishment.
“Person” means any individual, copartnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.
“Recognized school” means any school or institution of learning which has for its purpose the teaching of the theory, method, profession, or work of massage, which school requires a resident course of study not less than one hundred (100) hours, at least seventy-five (75) hours of which shall be classroom instruction, to be given before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning, and which school has been approved pursuant to Section 29007.5 of the Education Code of the state of California. (Ord. 2-87 § 1)
4.20.020 Exemptions.
The provisions of this chapter shall not apply to: hospitals, nursing homes, sanitaria, or 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 or in any such establishments, nor shall this chapter apply to barbers or cosmetologists lawfully carrying out their particular profession or business and holding a valid, unrevoked license or certificate of registration issued by the state of California. (Ord. 2-87 § 30)
4.20.030 Verification of applications.
All applicants shall sign a declaration under penalty of perjury that the information contained in or submitted with the application is true. (Ord. 2-87 § 10)
4.20.040 Permit fee required.
No permit shall be issued hereunder until the appropriate fee has been paid. The fee for a massage establishment permit and a masseur or masseuse permit shall be as established by the City Council by resolution. (Ord. 2-87 § 31)
4.20.050 Permit nontransferable.
No permit issued pursuant to the provisions of this chapter is transferable to any other person or location. (Ord. 2-87 § 6)
4.20.060 Appeal procedure.
An applicant or permittee may appeal any action or determination of the Chief of Police under the provisions of this chapter to the City Manager pursuant to the provisions of Section 1.04.050 by filing written notice thereof with the City Clerk not later than ninety-six (96) hours after the delivery of any written notice given by the Chief of Police. The effect of revocation of a permit shall be suspended by the filing of a notice of appeal until the determination of the appeal by the City Manager. (Ord. 2-87 § 14)
4.20.070 Delivery of notice.
Any notice mailed pursuant to the provisions of this chapter shall be deemed delivered twenty-four (24) hours after its deposit in a post office or mailbox. (Ord. 2-87 § 15)
Article II. Massage Establishments
4.20.080 Permit—Required.
A. No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in or upon any premises in the city, the operation of a massage establishment without first having obtained a permit therefor from the Chief of Police in accordance with the provisions of this chapter.
B. A bona fide nonprofit club shall not be required to obtain a permit but must conform to all applicable building, health, fire and zoning laws.
C. A separate permit must be obtained for each branch location in which the operation of a massage establishment is to be carried on. (Ord. 2-87 § 2)
4.20.090 Application procedure—Generally.
An application for a massage establishment permit shall be submitted to the Chief of Police on forms provided by him. Such forms shall require submission of the following information:
A. The exact nature of the massage to be administered, the proposed place of business and facilities therefor, and the name and address of the applicant;
B. The two (2) previous addresses immediately prior to the present address of the applicant;
C. Written proof that the applicant is at least eighteen (18) years of age;
D. Applicant’s height, weight, color of eyes and hair;
E. Two (2) portrait photographs of the applicant at least two inches by two inches (2′′ × 2′′);
F. Business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of application;
G. The massage or similar business license history of the applicant; whether such person, in previously operating in this or another city, county or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation;
H. All criminal convictions except minor traffic violations;
I. Fingerprints of the applicant;
J. The social security number and driver’s license number of the applicant;
K. Such other identification and information as deemed necessary by the Chief of Police. (Ord. 2-87 § 7)
4.20.100 Application procedure—Corporate applicant.
If the applicant is a corporation, the name of the corporation exactly as shown in its articles of incorporation and the address of the principal office of the corporation shall be set forth in the application. In addition thereto, the information required by Section 4.20.090 shall be submitted for each of the officers, directors, stockholders and managing employees of the corporation. (Ord. 2-87 § 8)
4.20.110 Application procedure—Partnership applicant.
If the applicant is a partnership or any other form of unincorporated association, the name of the partnership or association exactly as shown in its partnership agreement or other document creating the association and the address of the principal office of the partnership or association shall be set forth in the application. In addition thereto, the information required by Section 4.20.090 shall be submitted for each of the partners, including limited partners, members and managing employees of the partnership or association. If any partner, member or manager is a corporation, the provisions of Section 4.20.100 shall be applicable to such corporation. (Ord. 2-87 § 9)
4.20.120 Permit—Issuance or denial.
The Chief of Police shall, within thirty (30) days after receipt of an application complying with all the provisions of this chapter, issue a permit or deliver to the applicant, personally or by mail, written notice of denial of the permit, setting forth the reason or reasons therefor, in accordance with the provisions of Section 4.20.130. (Ord. 2-87 § 11)
4.20.130 Permit—Grounds for denial.
The Chief of Police shall deny the permit if he finds:
A. That any information contained in or submitted with the application is not true; or
B. That the operation as proposed by the applicant would not comply with any provision of this chapter or any other ordinance or regulation of the city or any statute or regulation of the state of California; or
C. That any person referred to in Sections 4.20.090, 4.20.100 or 4.20.110 or any other person who would be directly engaged in the management and operation of the massage establishment has been convicted of any of the following offenses or convicted of an offense without the state of California that would have constituted any of the following offenses if committed within the state of California:
1. An offense involving conduct which requires registration pursuant to Section 290 of the Penal Code,
2. An offense involving the use of force and violence upon the person of another that amounts to a felony,
3. An offense involving sexual misconduct with children,
4. An offense as defined in Sections 315, 316, 318, 647(b) or 647b of the Penal Code of the state of California; or
D. That, for any other reason, the operation as proposed would be detrimental to the public peace, health, safety, morals or welfare or to neighboring property. (Ord. 2-87 § 12)
4.20.140 Permit—Display requirements.
Every massage establishment permit issued pursuant to the provisions of this chapter shall at all times be displayed in a conspicuous place within the massage establishment. (Ord. 2-87 § 3)
4.20.150 Permit—Revocation.
A. The Chief of Police shall revoke a permit issued pursuant to the provisions of this chapter if:
1. He subsequently determines that facts exist which, under the provisions of Section 4.20.130, would have required denial of the permit at the time of application; or
2. Subsequent occurrences create a situation which, under the provisions of Section 4.20.130, would have required denial of the permit had the situation existed at the time of application; or
3. A masseur or masseuse permit previously issued to any employee of, or other person engaged in, the operation is revoked pursuant to the provisions of Section 4.20.310 of this chapter, for any act known to, and consented to by, any of the persons described in Sections 4.20.090, 4.20.100 or 4.20.110. Consent to such act shall be conclusively presumed if the person having committed such act is permitted to continue to be employed or engaged in the operation subsequent to the time that knowledge of the occurrence of such act is acquired by any of the persons described in Sections 4.20.090, 4.20.100 or 4.20.110.
B. Notice of revocation of the permit shall be given in writing to the permittee by the Chief of Police. The permittee shall cease all operations under the permit within ninety-six (96) hours of delivery of the notice, unless a notice of appeal is filed pursuant to the provisions of Section 4.20.060. (Ord. 2-87 § 13)
4.20.160 Facilities—Compliance required.
A. No permit to conduct a massage establishment shall be issued unless an inspection reveals that the establishment complies with the requirements of the construction codes set forth in city ordinances, and each of the following minimum requirements:
1. Construction of rooms used for toilets, tubs, steam baths, and showers shall be made waterproof with approved waterproofed materials.
2. For toilet rooms, toilet room vestibules and rooms containing bathtubs, there shall be a waterproof floor covering, which will be carried up all walls to a height of at least five inches (5′′). Floors shall be coved up on base with at least three-fourths inch (3/4′′). The walls of all toilet rooms and rooms containing bathtubs shall be finished to a height of four feet (4′) with a smooth, hard, nonabsorbent surface of portland cement, concrete, ceramic tile or other smooth, hard nonabsorbent surface.
3. Steam rooms and shower compartments shall have waterproof floors, walls and ceilings.
4. Floors of wet and dry heat rooms shall be adequately pitched to one (1) or more floor drains properly connected to the sewer. (Exception: dry heat rooms with wooden floors need not be provided with pitched floors and floor drains.)
5. A source of hot water must be available within the immediate vicinity of dry and wet heat rooms to facilitate cleaning.
6. Separate toilet facilities for each sex shall be provided in convenient locations. All toilet facilities shall be equipped with self-closing doors opening in the direction of ingress to such facilities. Toilets shall be designated as to the sex accommodated therein.
7. Lavatories or wash basins provided with both hot and cold running water shall be installed in either the toilet room or the vestibule. Lavatories or wash basins shall be provided with soap in a dispenser and with sanitary towels.
8. All portions of massage establishments and baths shall be provided with adequate light and ventilation by means of windows or skylights with an area of not less than one-eighth (1/8) of the total floor area, or shall be provided with approved artificial light and a mechanical operating ventilating system. When windows or skylights are used for ventilations, at least one-half (1/2) of the total required window area shall be operable.
B. 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 (75%) of the floor-to-ceiling height of the area in which they are located.
C. All electrical appliances used in the operation of the establishment shall comply with the provisions of city ordinances. (Ord. 2-93 § 1: Ord. 2-87 § 20)
4.20.170 Operating requirements.
A. Every portion of a massage establishment, including appliances, apparatus, and personnel shall be kept clean and operated in a sanitary condition.
B. All masseurs, masseuses and employees shall be clean and wear clean outer garments whose use is restricted to the massage establishment. Such garments shall cover completely the buttocks, genitals and pubic hair, and, in the case of females, all portions of the breasts below the uppermost part of the aureolae of the nipples. Provision of a separate dressing room for each sex must be available on the premises with individual lockers for each employee. Doors to such dressing rooms shall open inward and shall be self-closing.
C.1. All massage establishments shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in an approved, sanitary manner. No towels or sheets shall be laundered or dried in any massage establishment unless such establishment is provided with approved laundry facilities for such laundry and drying.
2. Approved receptacles shall be provided for the storage of soiled linens and paper towels.
D. Wet and dry heat rooms, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use. (Ord. 2-87 § 21)
4.20.180 Licensed masseurs or masseuses required.
No permittee shall employ as a masseur or masseuse any person who does not possess a valid unrevoked and unexpired permit issued pursuant to the provisions of this chapter. (Ord. 2-87 § 26)
4.20.190 Employees—Age requirement.
No permittee shall employ either as a masseur or masseuse or other employee any person under the age of eighteen (18) years. (Ord. 2-87 § 27)
4.20.200 Daily register required.
Every permittee shall keep a daily register, approved as to form by the Chief of Police, of all patrons, with names, addresses and hours of arrival and the rooms or cubicles assigned, if any. The daily register shall at all times during business hours be subject to inspection by the Chief of Police or Health Officer or their representatives, and shall be kept on file for one (1) year. (Ord. 2-87 § 22)
4.20.210 Official inspections.
Every permittee operating a massage establishment shall allow inspection thereof during business hours by the Chief of Police or the Health Officer or their representatives. (Ord. 2-87 § 23)
4.20.220 Advertising restrictions.
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 patrons that any service is available other than those services described in Section 4.20.010 (“Massage”) nor shall any massage establishment indicate in the text of such advertising that any service is available other than those services described in Section 4.20.010 (“Massage”). (Ord. 2-87 § 24)
4.20.230 Massage prohibited in lockable areas.
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. (Ord. 2-87 § 25)
4.20.240 Massage by customer prohibited.
No customer or client of a massage establishment shall massage a masseur, masseuse or any other person within a massage establishment. (Ord. 2-87 § 29)
4.20.250 Outcall massage services prohibited.
No person shall engage in outcall massage services. (Ord. 2-87 § 28)
Article III. Masseurs and Masseuses
4.20.260 Permit—Required.
No person shall, in or upon any premises in the city, act in the capacity of masseur or masseuse without first having obtained a permit therefor from the Chief of Police in accordance with the provisions of this chapter. (Ord. 2-87 § 4)
4.20.270 Application procedure.
An application for a masseur or masseuse permit shall be submitted to the Chief of Police on forms provided by him. Such forms shall require submission of the following information:
A. The name and residence address of the applicant;
B. The name and address of the recognized school attended, the dates attended and a copy of the diploma or certificate of graduation awarded the applicant showing the applicant has completed not less than one hundred (100) hours of instruction, at least seventy-five (75) hours of which shall be classroom instruction;
C. All the information required by subsections B through K of Section 4.20.090. (Ord. 2-87 § 16)
4.20.280 Permit—Issuance or denial.
The Chief of Police shall, within twenty (20) days after receipt of an application complying with all the provisions of this chapter, issue a permit or deliver to the applicant personally or by mail, written notice of denial of the permit, setting forth the reason or reasons therefor, in accordance with the provisions of Section 4.20.290. (Ord. 2-87 § 17)
4.20.290 Permit—Grounds for denial.
The Chief of Police shall deny the permit if he finds:
A. That any information contained in or submitted with the application is not true; or
B. That the applicant has been convicted of any of the offenses listed in Section 4.20.130C or convicted of an offense without the state of California that would have constituted any of such offenses if committed within the state of California. (Ord. 2-87 § 18)
4.20.300 Wearing identification nameplate required.
Every person acting in the capacity of masseur or masseuse shall, at all times when so engaged, wear on the front of his or her outermost garment an identification nameplate containing his or her photograph, name and permit number. (Ord. 2-87 § 5)
4.20.310 Permit—Revocation.
A. The Chief of Police shall revoke a permit issued pursuant to the provisions of this article if:
1. He subsequently determines that facts exist which, under the provisions of Section 4.20.290, would have required denial of the permit at the time of application; or
2. Subsequent occurrences create a situation which, under the provisions of Section 4.20.290, would have required denial of the permit had the situation existed at the time of application.
B. Notice of revocation of the permit shall be given in writing to the masseur or masseuse by the Chief of Police. The masseur or masseuse shall cease all operations under the permit within ninety-six (96) hours of delivery of the notice, unless a notice of appeal is filed pursuant to the provisions of Section 4.20.060. (Ord. 2-87 § 19)