Chapter 27
MASSAGE ESTABLISHMENTS
Sections:
5-27.04 Filing applications and fees.
5-27.11 Identification nameplates.
5-27.14 Employment of persons under the age of eighteen prohibited.
5-27.15 Names and places of business: Changes of location.
5-27.16 Employment of masseurs and masseuses.
5-27.17 Operating requirements.
5-27.18 Suspension of permits.
5-27.19 Revocation of permits.
5-27.20 Nonprofit organizations.
5-27.21 Other Code provisions.
5-27.23 Violations: Penalties.
5-27.01 Definitions.
For the purposes of this chapter, certain words and phrases used herein are defined as follows:
(a) “Massage” or “massaging” shall mean any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external soft 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 preparations commonly used in this practice.
(b) “Massage establishment” shall mean any premises or establishment having a fixed place of business where any person, firm, association, or corporation engages in or carries on, or permits to be engaged in or carried on, any massage or massaging. Any establishment engaged in or carrying on or permitting any combination of massage and bath-house shall be deemed a massage establishment.
(c) “Out call massage service” shall mean any business, not licensed as a massage establishment under the provisions of this chapter, wherein the primary 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.
(d) “Masseur” or “masseuse” shall mean any person, including trainees, who, for any consideration whatsoever, engages in the practice of massage as defined in subsection (a) of this section.
(e) “Public bathhouse” shall mean any place, including private clubs or organizations, except as provided in subsection (b) of this section, wherein any person, firm, association, corporation, or partnership engages in, conducts, or carries on, or permits to be engaged in, conducted, or carried on, Russian, Finnish, Swedish, hot air, vapor, electric cabinet, steam, mineral, sweat, salt, Japanese, sauna, fomentation, or electric baths, or baths of any kind whatever are given or furnished; provided, however, such term shall not include ordinary tub baths where an attendant is not required.
(f) “Person” shall mean any individual, copartner ship, firm, association, joint stock company, corporation, or combination of individuals of whatever form or character.
(g) “Employee” shall mean any and all persons, other than the masseurs or masseuses, who render any service to the permittee and receive compensation directly from the permittee and have no physical contact with customers and clients.
(h) Recognized school” shall mean 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 seventy (70) hours to be given in no more than three (3) calendar months 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 such school has been approved pursuant to the provisions of Section 29007.5 of the Education Code of the State.
(i) “Permittee” shall mean the operator of a massage establishment and out call massage service.
(j) “Motel” shall mean any building containing six (6) or more guest rooms or apartments, or combinations thereof, each of which has a separate individual entrance leading directly to the outside of the building, and which is designed, used, or intended wholly or in part for the accommodation of transients.
(k) “Hotel” shall include rooming houses, lodging houses, or other buildings or structures advertising or held out to the public as a place where sleeping accommodations may be obtained, and which is designed, intended wholly or in part for the accommodation of transients.
(l) “Nonprofit corporation” shall mean any religious, governmental, or nonprofit organization which operates without private profit for a charitable, educational, fraternal, or religious purpose and which has been declared exempt from franchise taxes by the Franchise Tax Board of the State.
(§ 1, Ord. 308 C-M, eff. August 9, 1973)
5-27.02 Permits required.
It shall be unlawful for any person to engage in, perform or provide, give, conduct, or carry on, or to permit to he engaged in, conducted, or carried on in or upon any premises in the City any massage or massaging or operation of a massage establishment or an out call massage service, as defined in Section 5-27.01 of this chapter, unless such person holds a valid permit therefor pursuant to the provisions of this chapter.
(§ 1, Ord. 308 C-M, eff. August 9, 1973)
5-27.03 Exemptions.
The provisions of this chapter shall be exempt to:
(a) Hospitals, nursing homes, sanitaria, and persons holding an unrevoked certificate to practice the healing arts under the laws of the State and persons working tinder the direction of any such persons or in any such establishments;
(b) Barbers and cosmetologists lawfully carrying out their particular profession or business and holding a valid, unrevoked license or certificate of registration issued by the State; and
(c) Nonprofit corporations.
(§ 1, Ord. 308 C-M, eff. August 9, 1973)
5-27.04 Filing applications and fees.
Every applicant for a permit to maintain, operate, or conduct a massage establishment or out call massage service shall file an application with the Director of Finance upon a form provided by the City and pay an appropriate fee. The application fee shall be set by resolution of the Council. The fees established shall be to investigate and process the application arid regulate permittees and shall not be refundable.
(§ 1, Ord. 308 C-M, eff. August 9, 1973)
5-27.05 Application contents.
Each application for a permit to engage in services as a masseur or masseuse or to operate a massage establishment or an out call massage service shall contain the following appropriate information:
(a) The name and address of each applicant;
(b) The proposed place of business and the facilities therefor;
(c) The exact nature and type of the massage to be administered;
(d) The two (2) previous addresses immediately prior to the present residential and business addresses of the applicant;
(e) Written proof that the applicant is over the age of eighteen (18) years;
(f) The applicant’s height, weight, and color of eyes and hair;
(g) Two (2) portrait photographs at least two (2") inches by two (2") inches of the applicant;
(h) The business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of the application;
(i) The massage or similar business license history of the applicant, including whether such person, in previously operating in this or another city or state under a 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;
(j) An itemization of all criminal convictions, except minor traffic violations;
(k) The applicant shall furnish a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession, and work of massage is taught; provided, however, if the applicant will have no direct or physical contact with a customer or client and is a proprietor only, he need not possess such diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession, and work is taught;
(l) Such other identification and information necessary to discover the truth of the matters required to be set forth in subsections (a) through (k) of this section in the application;
(m) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation and the names and residence addresses of each of the officers, directors, and each stockholder holding more than ten (10%) percent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and the 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 shall apply; and
(n) Applications shall be verified under penalty of perjury as provided by the Code of Civil Procedure of the State for the verification of pleadings.
(§ 1, Ord. 308 C-M, eff. August 9, 1973)
5-27.06 Investigations.
The Police Department shall conduct an appropriate investigation to determine whether such permit shall be issued in accordance with the provisions of this chapter as hereinafter set forth. The Chief of Police may request the assistance of any City department for the purpose of such investigation, and he shall consider any relevant factual material relating to such application. The City may cause the fingerprints to be taken of any applicant.
(§ 1, Ord. 308 C-M, eff. August 9, 1973)
5-27.07 Inspections.
The Police Department may inspect any and all establishments for which applications are filed or permits issued pursuant to the provisions of this chapter. As an express condition to every filing for an application or permit issued, police officers and any official City inspector shall be allowed by every applicant or permittee to enter the establishment for the purposes of inspection and regulation of the provisions of this chapter.
(§ 1, Ord. 308 C-M, eff. August 9, 1973)
5-27.08 Issuance of permits.
After an investigation, the Chief of Police shall issue a permit within thirty (30) days following the application filing date if he finds:
(a) A complete and written application form therefor has been filed;
(b) The required fee therefor has been paid to the Director of Finance;
(c) As a result of his investigation all applicable provisions of this chapter with regard to such permit application have been met;
(d) That the operation by the applicant will be carried on in a building, structure, and location which comply with and meet all of the health, zoning, fire, building, and safety requirements and standards of the laws of the State and of the City applicable to such business operation;
(e) That the applicant, and his employees, agents, or any person connected or associated with the applicant as a partner, director, officer, stockholder, or manager, has not been convicted in a court of competent jurisdiction by final judgment within the last ten (10) years of:
(1) An offense involving the presentation, exhibition or performance of an obscene production, motion picture, or play;
(2) An offense involving lewd conduct; or
(3) A felony offense involving the use of force and violence upon the person of another;
(f) That the applicant, and his employees, agents, or any person connected or associated with the applicant as a partner, director, officer, stockholder, or manager, has not knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a permit or in any report or record required to be filed with any City agency;
(g) That the applicant has not had a similar type permit previously revoked for good cause within the past year, unless the applicant has shown a material change in circumstances since the date of revocation; and
(h) That proper diplomas or certificates are verified as provided in subsection (k) of Section 5-27.05 of this chapter.
(§ 1, Ord. 308 C-M. eff. August 9, 1973)
5-27.09 Trainee permits.
After an investigation, the Chief of Police may issue a massage trainee permit to any person who may otherwise qualify for a permit pursuant to the provisions of Section 5-27.08 of this chapter and is currently registered in a recognized school. Such trainee may perform any of the services enumerated in Section 5-27.01 of this chapter, except such trainee may not engage in out call massage services.
(a) Such trainee permit shall be valid for a period of ninety (90) days and shall not ordinarily be renewable except in cases of sickness or accident or for some other valid reason education is delayed.
(b) The applicant for a trainee permit shall submit a letter signed by the owner, manager, or director of the recognized school showing that the applicant is currently enrolled in a course of study leading to a degree or certificate of graduation.
(c) The applicant for a trainee permit shall submit a letter signed by the owner or director of a massage establishment stating his willingness to employ the applicant during such period of time the applicant is attending the recognized school.
(d) The trainee permit shall be valid for a period of ninety (90) days or until the trainee has completed at least seventy (70) hours of instruction in a recognized school, whichever event first arises.
(§ 1, Ord. 308 C-M, eff. August 9, 1973)
5-27.10 Employment registers.
The operator of a massage establishment or an out call massage service shall maintain a register of all persons employed as a masseur or masseuse and their permit numbers. Such register shall be available for inspection at all times during regular business hours.
(§ 1, Ord. 308 C-M, eff. August 9, 1973)
5-27.11 Identification nameplates.
The Chief of Police shall provide each masseur and masseuse granted a permit with an identification nameplate which shall contain a photograph of the masseur or masseuse or trainee, the first name, and time permit number assignment to such masseur or masseuse, which nameplate shall be worn on the front of the outermost garment at all times during the hours of operation of army establishment granted a permit pursuant to time provisions of this chapter.
(§ 1, Ord. 308 C-M, eff. August 9, 1973)
5-27.12 Daily registers.
Every person who engages in or conducts a massage establishment or out call massage service shall keep a daily register, approved in form by the Chief of Police, of all patrons, with the name and hour of arrival and the room or cubicle assigned, if any. The daily register, at all times during business hours, shall be subject to inspection by the Police Department and shall be kept on file for one year.
(§ 1, Ord. 308 C-M, eff. August 9, 1973)
5-27.13 Display of permits.
Every person to whom or for whom a permit shall have been granted shall display such permit in a conspicuous place within the massage establishment so that the permit may be readily seen by persons entering the premises. Persons engaged in an out call massage service shall have their permit available for inspection at all times while providing out call massage services.
(§ 1, Ord. 308 C-M, eff. August 9, 1973)
5-27.14 Employment of persons under the age of eighteen prohibited.
It shall be unlawful for any owner, proprietor, manager, or other person in charge of any massage establishment or out call massage service to employ any person who is under eighteen (18) years of age.
(§ 1, Ord. 308 C-M, eff. August 9, 1973)
5-27.15 Names and places of business: Changes of location.
No person granted a permit pursuant to the provisions of this chapter shall operate under any name or conduct his business under any designation for any location not specified in the permit.
(§ 1, Ord. 308 C-M, eff. August 9, 1973)
5-27.16 Employment of masseurs and masseuses.
It shall be the responsibility of the permittee for the massage establishment or the employer of any person purporting to act as a masseur or masseuse to insure that each person employed as a masseur or masseuse shall first have obtained a valid permit pursuant to the provisions of this chapter.
(§ 1, Ord. 308 C-M, eff. August 9, 1973)
5-27.17 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 employees shall be clean and wear clean outer garments, whose use is restricted to the massage establishment. A separate dressing room for each sex shall be available on the premises within individual lockers for each employee. Doors to such dressing rooms shall open inward and shall be self-closing.
(c) All massage establishments shall be provided with clean laundered sheets and towels in sufficient quantity and which shall be laundered between consecutive uses thereof and stored in an adequate, sanitary manner. No towels or sheets shall be laundered or dried in any massage establishment unless such establishment is provided with adequate laundry facilities for such laundry and drying. Adequate 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.
(e) If the massage establishment is in any building used for residential or sleeping purposes, any room in which the services enumerated in subsection (a) of Section 5-27.01 of this chapter are provided shall be used for massage and shall not be used for residential or sleeping purposes.
(f) No massage establishment or out call massage service granted a permit pursuant to 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 army service is available other than those services described in Section 5-27.01 of this chapter, nor shall any massage establishment or out call massage service indicate in the text of such advertising that any service is available other than those services described in Section 5-27.01 of this chapter.
(g) Any person granted a permit pursuant to the provisions of this chapter who provides any of the services described in Section 5-27.01 of this chapter at any motel or hotel shall first notify the owner, manager, or person in charge of the hotel or motel, by a suitable notation, including the registration number of the out call massage permittee or out call masseur or masseuse on the patrons’ registration, that such permittee intends to provide a massage service to the person registered at the hotel or motel.
(h) No service enumerated in subsection (a) of Section 5-27.01 of this chapter may be carried on within any cubicle, room, booth, or area within a massage establishment, by whatever designation whatsoever, which is fitted with a door capable of being locked.
(§ 1, Ord. 308 C-M, eff. August 9, 1973)
5-27.18 Suspension of permits.
The Chief of Police shall suspend any permit issued pursuant to the provisions of this chapter if he finds:
(a) That the operation as conducted by the permittee does comply with all the health, zoning, fire, building, and safety requirements and standards of the laws of the State and of the City applicable to such business operation;
(b) That time permittee, or his employees, agents, or any person connected or associated with the permittee as a partner, director, officer, stockholder, or manager, has been convicted in a court of competent jurisdiction by final judgment within the last ten (10) years of:
(1) An offense involving the presentation, exhibition, or performance of an obscene production, motion picture, or play;
(2) An offense involving lewd conduct; or
(3) A felony offense involving the use of force and violence upon the person of another;
(c) That the permittee has violated any provision of this chapter or is in violation of any general or special condition of the permit;
(d) That the permittee, or his employees, agents, or any person connected or associated with the permittee as a partner, director, officer, stockholder, or manager, has knowingly made a false, misleading, or fraudulent statement of a material fact in the application for a permit or in a report or record required to be filed with any City agency; or
(e) That the permittee has had a similar type permit previously revoked for good cause and has not shown a material change in circumstances since the date of such revocation.
The Chief of Police, in the case of such suspension, shall serve the permittee within a written order of suspension which shall state the reasons for such suspension. Such order shall be effective immediately, if personally served, or forty-eight (48) hours after the order has been deposited in the course of transmission within the United States Postal Service. Immediately upon such an order becoming effective, the permittee shall cease all operations under such permit.
(§ 1, Ord. 308 C-M, eff. August 9, 1973)
5-27.19 Revocation of permits.
The suspension shall become a revocation ten (10) days after the order of suspension becomes effective, unless the permittee files an appeal of the order of suspension.
Where an appeal is filed, the order shall be stayed pending a determination thereon by the Council. Such suspension shall become a revocation if the suspension of the Chief of Police is upheld.
(§ 1, Ord. 308 C-M, eff. August 9, 1973)
5-27.20 Nonprofit organizations.
No permit shall be required of any bona fide nonprofit organization.
(§ 1, Ord. 308 C-M, eff. August 9, 1973)
5-27.21 Other Code provisions.
The provisions of this chapter shall be in addition to all other regulations, laws, requirements, and fees set forth in this Code.
(§ 1, Ord. 308 C-M, eff. August 9, 1973)
5-27.22 Appeals.
Any person aggrieved by the decision of the Chief of Police with reference to the approval or denial of an application for a permit or the renewal or suspension of a permit may appeal such decision pursuant to the provisions of Chapter 4 of Title 1 of thus Code.
(§ 1, Ord. 308 C-M, eff. August 9, 1973)
5-27.23 Violations: Penalties.
Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in Chapter 2 of Title 1 of this Code.
(§ 1, Ord. 308 C-M, eff. August 9, 1973)