Chapter 5.08


5.08.010    Purpose of provisions—Statutory authority.

5.08.020    Definitions.

5.08.030    Location restrictions.

5.08.040    Existing facilities.

5.08.050    Operation requirements.

5.08.060    Exemptions.

5.08.070    Unlawful activities designated.

5.08.080    Violation—Penalty.

5.08.010 Purpose of provisions—Statutory authority.

(A)    It is the purpose of this chapter to provide for the orderly regulation of bath or massage establishments in the County of Santa Cruz in order to protect the public health and welfare by establishing certain minimum standards for the conduct of this type of business and by restricting the permitted locations thereof.

(B)    The ordinance codified in this chapter is adopted pursuant to Government Code Sections 51030 through 51034. [Ord. 5290 § 14, 2019; Ord. 2428, 1977; prior code § 9.88.001].

5.08.020 Definitions.

As used in this chapter:

(A)    “Bath” means the activity of providing facilities for the following: Steam bath, electric light bath, electric tub bath, sponge bath, sun bath, mineral bath, Russian, Swedish or Turkish bath, or any other type of public bathing, which has in connection therewith a steamroom, dry hot room or shower bath.

(B)    “Bath or massage establishment” means any establishment having a fixed place of business where any individual, firm, association, partnership, corporation or combination of individuals engages in, conducts, carries on or permits the providing of baths or massages.

(C)    “Massage” means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, and with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.

(D)    “Masseur/masseuse” means a person who, for compensation, administers or assists in the administration of baths or massages. [Ord. 2428, 1977; prior code § 9.88.010].

5.08.030 Location restrictions.

No person shall operate a bath or massage establishment at any location if the property, or any portion thereof, on which the bath or massage establishment would be located is:

(A)    Within 1,000 feet of any property or portion thereof on which another bath or massage establishment is located and doing business; or

(B)    Within 500 feet of any property or portion thereof which is used for an elementary school, junior high school, or public playground. [Ord. 2428, 1977; prior code § 9.88.020].

5.08.040 Existing facilities.

Any person, association, partnership or corporation lawfully engaging in or carrying on the operation of a bath or massage establishment on the effective date of the ordinance codified in this chapter shall comply with all of the provisions of this chapter, except those of SCCC 5.08.030, within 180 days of the effective date thereof. [Ord. 2428, 1977; prior code § 9.88.050].

5.08.050 Operation requirements.

A list of services available and cost of such services shall be posted in an open and conspicuous public place on the premises of each bath or massage establishment. No owner, operator, responsible managing employee or manager in charge of or in control of the bath or massage establishment shall permit, and no masseur/masseuse shall offer to perform, any services other than those posted. [Ord. 5061 § 1, 2009; Ord. 2428, 1977; prior code § 9.88.040].

5.08.060 Exemptions.

This chapter shall not apply to athletic team trainers, cosmetologists, barbers, or persons licensed to practice any healing art pursuant to Division 2 (commencing with Section 500) of the California Business and Professions Code or the Chiropractic Act when engaging in such practice within the scope of their license. However, this chapter shall apply to an independent contractor of any person described in the previous sentence if the independent contractor is engaged in, or is purported to be engaged in, the business of massage. [Ord. 5290 § 14, 2019; Ord. 2428, 1977; prior code § 9.88.060].

5.08.070 Unlawful activities designated.

(A)    A masseur/masseuse shall not administer or offer to administer any bath or massage to any person under 18 years of age unless such person is accompanied by a parent or guardian.

(B)    No person under 18 years of age shall work or be permitted to work on the premises of any bath or massage establishment.

(C)    No food or beverage shall be sold or served, nor shall any business activity other than baths or massages be conducted on the premises of a bath or massage establishment. [Ord. 2428, 1977; prior code § 9.88.030].

5.08.080 Violation—Penalty.

Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of an infraction, and upon conviction thereof shall be punishable by a fine of not more than $100.00; provided, however, that any offense which would otherwise be an infraction is a misdemeanor if the defendant has been convicted of three or more violations of this chapter within the 12-month period immediately preceding the commission of the offense and such prior convictions are admitted by the defendant or alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged. Each person shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided by this chapter. [Ord. 2428, 1977; prior code § 9.88.070].