Chapter 9. Massage Parlors and Masseurs

Sec. 4-9.01 Definitions.

In this Chapter, unless the context otherwise requires:

(a) “Massage” includes pressure on, or friction against, stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the body by manual or mechanical means.

(b) “Massage parlor” is a place of business where massage is given.

(c) “Masseur” is a person who engages in the practice of massage or who administers to another for consideration a bath, manipulation of the body, electric vibration, magnetic stimulation, or similar procedure.

(d) “Recognized school” is 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 of not less than two hundred (200) hours to be given in no less than three (3) months and which has been certified by the State Department of Education, Bureau of School Approvals. (Ord. 197 § 1 (part), 1985)

Sec. 4-9.02 When Massage Parlor Permit Not Required.

A massage parlor permit is not required for hospitals, nursing homes, sanitaria, physiotherapy establishments, barbers, cosmetologists, athletic trainers, 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 such persons in such establishments. (Ord. 197 § 1 (part), 1985)

Sec. 4-9.03 Massage Parlor and Masseur Permits.

(a) An applicant for a massage parlor or masseur permit shall apply to the Chief of Police on a form provided by the City. The application shall include the following information under oath:

(1) Name and address of the applicant (address of principal place of business in the case of massage parlor applicant and residence address in the case of masseur applicant).

(2) Applicant’s residence and business addresses for the preceding five (5) years.

(3) Written proof that the applicant is over the age of eighteen (18) years.

(4) Fingerprints taken by the police department and two (2) recent portrait photographs of applicant.

(5) Business, occupation, or employment of the applicant for five (5) years immediately preceding the application.

(6) A statement as to whether the applicant has within the previous five (5) years had a masseur permit or a massage or similar business license or permit revoked or suspended, the reasons for the revocation or suspension, and the business activity or occupation of applicant after revocation or suspension.

(7) A statement as to whether the applicant has within the previous five (5) years been convicted of (including pleading nolo contendre) a crime or a violation of a local agency ordinance or regulation, and the nature of the offense and the penalty imposed for it.

(8) Applicant’s certificate of graduation from a recognized school.

(9) A certificate from a medical doctor that the applicant has, within thirty (30) days immediately before filing his application, been examined and is free from serious contagious and communicable diseases.

(10) Such other identification and information as the Chief of Police considers necessary.

(b) In addition, an application for a massage parlor permit shall provide the information required by subparagraphs (a)(1), (4) and (7) with respect to each person connected with or associated with the applicant as a partner, director, officer, stockholder, or manager and shall include the following information under oath:

(1) Proposed place of business and facilities therefor.

(2) The massage or similar business license history of the applicant.

(c) If the applicant is a corporation or partnership, the applicant is considered to have complied with subparagraphs (a)(2), (3), (4), (5), (7), (8), (9), and (10) of this section if the required information or document is supplied with regard to the managing director or partner or managing employees. (Ord. 197 § 1 (part), 1985)

Sec. 4-9.04 Approval by Health Officer.

(a) The Chief of Police shall submit a copy of the application to the Health Officer for his approval. The Health Officer shall investigate the health history of the applicant. The Health Officer may order a physical examination of any person engaged in the massage practice.

(b) The Health Officer may refuse to approve the application on any of the following grounds:

(1) The applicant has a serious communicable disease or any venereal disease;

(2) The premises fail to meet the sanitation standards required by this chapter; or

(3) The applicant currently is in violation of a state or local health regulation.

(c) If the Health Officer refuses to approve the application, he shall notify the Chief of Police in writing of his decision setting forth his reasons for disapproval. The applicant shall also receive a copy of the Health Officer’s decision. (Ord. 197 § 1 (part), 1985)

Sec. 4-9.05 Referral of Application to Other Departments.

The Chief of Police shall refer an application for a massage parlor permit to the City Building Department, the Rodeo Fire Department, and the City Planning Department. Each shall inspect the premises proposed to be used as a massage parlor and shall make its written recommendation to the Chief of Police concerning compliance with the requirements of this chapter. (Ord. 197 § 1 (part), 1985)

Sec. 4-9.06 Issuance of Massage Parlor or Masseur Permit.

(a) The Chief of Police shall issue a permit if he finds that all of the following conditions exist:

(1) The application is complete and filed as required.

(2) The requirements of this chapter are met.

(3) The applicant and, in the case of a massage parlor applicant, his employees and each person associated with the applicant as partner, director, officer, stockholder, or manager has not within the previous five (5) years been convicted of (including pleading nolo contendre):

A. A violation of Section 266; 315; 316; 318 or subdivision of Section 647 of the Penal Code;

B. A felony offense involving the sale of a controlled substance specified in Section 11054, 11055, 11056, 11057 or 11058 of the Health and Safety Code;

C. An offense which required registration pursuant to Section 290 of the Penal Code;

D. A criminal conviction in another state of any offense which, if committed or attempted in this state, would have been punishable as one (1) or more of the above-mentioned offenses.

(4) The applicant (the managing director or partner or managing employee in the case of a corporation or partnership) does not have a serious communicable disease or any venereal disease and is not in violation of any federal, state, or local health law or regulation.

(5) The applicant has not knowingly made a false or misleading statement on the application for permit.

(6) The applicant has not had a similar permit previously revoked for good cause within the last year (unless the applicant shows a material change in circumstances since the date of revocation).

(7) The application has been approved by the Health Officer as required by Section 4-9.04.

(8) The applicant (the managing director or partner, or managing employee in the case of a corporation or partnership) holds a certificate of graduation from a recognized school.

(b) The Chief of Police shall issue a massage parlor permit only if he finds that the operation of the application will comply with and will be carried on in a building which complies with all applicable laws, ordinances, and regulations, including building, health, zoning, parking, safety and fire regulations.

(c) Within thirty (30) days after an application is filed, the Chief of Police shall either issue the permit or notify the applicant in writing of his decision not to issue the permit. However, the Chief of Police may extend for an additional period of thirty (30) days the time within which he is required to act if for any reason he is unable to act within the initial thirty (30) day period.

(d) The decision of the Chief of Police is final fifteen (15) days from the date the notice of denial is given. (Ord. 197 § 1 (part), 1985)

Sec. 4-9.07 Permit Not Transferable.

A permit is not transferable. (Ord. 197 § 1 (part), 1985)

Sec. 4-9.08 Revocation or Suspension of Permit.

The Chief of Police may revoke or suspend a permit on one or more of the following grounds:

(a) Fraud, misrepresentation, or false statement contained in the application.

(b) Violation of any ordinance or regulation of the City or any of the offenses specified in Section 4-9.06(a)(3) of this chapter.

(c) Existence of a ground for which an original application for permit could be denied.

(d) Refusal to permit an authorized officer of the City to inspect the premises or the operations therein.

(e) The business is being managed, conducted, or maintained without regard for the public health or the health of patrons or customers, or without due regard to proper sanitation or hygiene. (Ord. 197 § 1 (part), 1985)

Sec. 4-9.09 Hearing on Denial, Revocation or Suspension.

If a permit is denied, revoked, or suspended, an applicant may within fifteen (15) days after the notice of denial, revocation, or suspension is given request a hearing before the Chief of Police. The Chief of Police shall fix a time and place for the hearing of the request for review and give notice of it to the applicant at least ten (10) days before the hearing. At the hearing, the Chief of Police shall hear and receive evidence to determine whether the denial, revocation, or suspension of the permit should be sustained or reversed. The Chief of Police shall make and give the applicant notice of his decision within ten (10) days after he closes the hearing.

Pending a hearing on a revocation or suspension, the permit holder may continue to operate his massage parlor or to act as a masseur under his permit. (Ord. 197 § 1 (part), 1985)

Sec. 4-9.10 Appeal.

A person aggrieved by the decision of the Chief of Police may appeal the decision by filing with the City Council a written request for review within ten (10) days from the date the Chief of Police gives notice of his decision.

The City Manager shall fix a time and place for the hearing of the appeal and shall have written notice of the hearing given to the appellant by certified mail, postage prepaid, at least ten (10) days before the hearing. The City Council shall give the appellant an opportunity to be heard. The decision of the City Council is final. The City Council shall give the appellant notice of its decision within thirty (30) days following the close of the hearing.

During an appeal from a revocation or suspension, the permit holder may continue to operate his massage parlor or to act as a masseur under his permit. (Ord. 197 § 1 (part), 1985)

Sec. 4-9.11 Duration and Renewal.

A permit is valid during the calendar year issued. A person holding a permit and who desires a renewal for the following calendar year shall, not later than thirty (30) days before the expiration of the calendar year for which a permit is issued, file an application for renewal of the permit. The application shall be upon a form provided by the City. The Chief of Police may deny the application for renewal upon the same grounds for which he may deny an original application. The Chief of Police shall make his decision before the beginning of the calendar year for which the renewal permit is sought. (Ord. 197 § 1 (part), 1985)

Sec. 4-9.12 Operations Requirements.

In addition to other requirements, the holder of a permit to operate a massage parlor shall comply with the following:

(a) Construction of rooms used for toilets, tubs, steam baths, and showers shall be in accordance with all applicable building regulations.

(b) Separate restrooms in convenient locations shall be provided for men and women. All toilet rooms shall be equipped with self-closing door opening in the direction of ingress to the toilet rooms and shall be designated as to sex accommodated.

(c) Lavatories or wash basins 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.

(d) Every part of the massage parlor shall be adequately lighted and ventilated by means of windows or skylights with an area of not less than one-eighth (1/8) of the total floor area, or shall have artificial light and a mechanical operating ventilating system approved by the City Building Department. When windows or skylights are used for ventilation, at least one-half (1/2) of the required total window area shall be operable.

To allow for adequate ventilation, cubicles, rooms and areas provided for patrons’ use not served directly by a required window, skylight, or ventilating system 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.

(e) The walls shall be clean and painted with washable, mold-resistant paint in all rooms where water or steam baths are given.

(f) The walls, ceilings, floors, pools, showers, bathtubs, steamrooms, and all other physical facilities must be in good repair and maintained in a clean and sanitary condition.

(g) Wet and dry heat rooms, steam or vapor rooms or cabinets, shower compartments and toilet rooms shall be cleaned each day the business is in operation.

(h) Bathtubs shall be cleaned after each use.

(i) Every portion of the establishment used in the massage operation, including equipment, personnel and their clothing, shall be maintained in a clean and sanitary condition.

(j) Towels, linens, and items for personal use of operators and patrons shall be clean and freshly laundered and shall not be used for more than one (1) person. Linens shall be laundered after each use. Heavy, white paper may be substituted for sheets if it is used once and discarded.

(k) Dressing and locker facilities shall be provided for patrons. A locker capable of being locked shall be provided for each patron.

(l) No massage parlor licensee, massage technician, or massage employee shall, while on the premises of a massage establishment and in the presence of any patron or customer, expose his or her genitals, buttocks or, in the case of a female, her breasts. No massage technician shall, in the course of administering any massage, bath, or health treatment, intentionally make physical contact with the genitals or anus of any other person.

(m) No massage parlor shall be kept open for business and no massage establishment licensee shall administer any massages or other treatment between the hours of 10:00 p.m. of one day and 7:00 a.m. of the following day.

(n) No massage parlor shall be established at any location which is:

(1) Within three hundred (300) feet of the boundary of a residential zoning district.

(2) Within a radius of one thousand (1000) feet of any other massage parlor.

(3) Within a radius of one thousand (1000) feet of any public park, public school, public library, religious institution or any other public building.

(o) All buildings, structures, signs, displays, marquees, exterior surfaces or facades, housing, containing, identifying or advertising massage parlors shall be subject to the provisions of Design Review, Section 10-4.02 et seq. of the Hercules Municipal Code. (Ord. 197 § 1 (part), 1985)

Sec. 4-9.13 Posting.

The owner or operator of a massage parlor shall post a copy of this chapter and the permit in a conspicuous place on the premises where the business is operated. (Ord. 197 § 1 (part), 1985)

Sec. 4-9.14 Exhibition of Identification.

Each person practicing massage shall wear an identification card while engaged in the practice of massage. The card shall contain his full name, permit number, and a recent portrait photograph and shall be affixed to the clothing so that it is plainly visible. (Ord. 197 § 1 (part), 1985)

Sec. 4-9.15 Inspections.

The permittee shall admit each member of the Police Department and the Health Officer free of charge for the purpose of insuring conformity with the permit and rules, regulations and conditions applicable to it. A police officer may require a masseur to identify himself by his name, age and address. (Ord. 197 § 1 (part), 1985)

Sec. 4-9.16 Register of Masseurs.

The operator of a massage parlor shall maintain a register of all masseurs employed. The register shall contain the following information concerning each masseur employed: name, permit number, age, address, a recent photograph, a personal description and such other reasonable information as to the identity or character of the person or persons as the Chief of Police considers necessary. He shall make the register available for inspection at all times during the regular business hours. (Ord. 197 § 1 (part), 1985)

Sec. 4-9.17 Name and Place of Business.

A permittee may not operate under a name or conduct business under a designation not specified in the permit. A permittee shall notify the Police Department of each change in name or address of home or business. The owner or operator of a massage parlor shall notify the Police Department of each change in ownership of the business and each change and transfer of masseurs employed.

If a permittee changes the location or alters the place of business, the City shall inspect the premises as provided in this chapter before use of the premises as a massage parlor. (Ord. 197 § 1 (part), 1985)

Sec. 4-9.18 Daily Register.

Every person who engages in or conducts a massage parlor shall keep a daily register, approved in form by the Police Department, of all patrons, the hour of patrons’ arrival, the room or cubicle assigned to patron, if any, and the masseur who massaged the patron. The register shall be kept on file at the establishment for one (1) year. (Ord. 197 § 1 (part), 1985)

Sec. 4-9.19 Rules and Regulations.

(a) The Chief of Police may adopt rules and regulations for massage parlors and masseurs. The City Council must approve the rules and regulations before they take effect. When approved and filed with the City Clerk, the rules and regulations and amendments are enforceable under this chapter and violation is a violation of this chapter. The City Clerk shall deliver a copy of the rules and regulations and amendments to each holder of a permit at the time his permit is issued.

(b) The Health Officer may adopt rules and regulations relating to health, safety, and sanitation. The City Council must approve the rules and regulations before they take effect. When approved and filed with the City Clerk, the rules and regulations and amendments are enforceable under this chapter and violation is a violation of this chapter. The City Clerk shall deliver a copy of the rules and regulations and amendments to each holder of a permit at the time his permit is issued. (Ord. 197 § 1 (part), 1985)

Sec. 4-9.20 Unlawful Conduct.

It is unlawful to:

(a) Own or operate a massage establishment without a permit.

(b) Practice massage or act as a masseur without a permit.

(c) Employ a person as a masseur unless he holds a masseur permit.

(d) For the owner, proprietor, manager, or other person in charge of a massage parlor to employ a person under the age of eighteen (18). (Ord. 197 § 1 (part), 1985)

Sec. 4-9.21 Penalty for Violation.

A person who violates this chapter is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, or both. Each day during which a violation of this chapter is committed, continues, or is permitted is a separate offense. (Ord. 197 § 1 (part), 1985)