§ 9-334. Operating requirements—General conditions

All owners shall comply with the following general conditions and any other conditions specified by the chief of police.

(a) An owner and/or manager shall be responsible for the conduct of all employees and contractors while they are on the massage establishment premises. Any act or omission of any employee or independent contractor constituting a violation of the provisions of this article shall be deemed the act or omission of the owner or manager for purposes of determining whether the massage establishment permit shall be revoked, suspended, denied or renewed. An owner and/or manager shall also be responsible for the conduct of any rent-space massage therapists or practitioners.

(b) Except to the extent required, in writing, by a state-licensed medical practitioner, no massage practitioner or therapist, employee or contractor shall massage the genitals, buttocks, gluteal fold, or anal area of any patron or the breasts of any female patron, nor shall any owner or manager of a massage establishment allow or permit such a massage to the above specified areas. A massage shall not be given and no patron shall be in the presence of a massage practitioner or therapist, contractor, owner, manager or other employee of a massage establishment unless the patron's genitals, buttocks, gluteal fold, or anal area, and, if a female patron, the female patron's breasts, are fully covered by a non-transparent covering.

(c) No massage establishment shall provide table showers to patrons.

(d) No person granted a permit pursuant to this article shall use any name or conduct business under any designation not specified on his/her permit.

(e) All massage establishments required to be permitted under this article shall have a manager on the premises at all times the massage establishment is open. The owner of each massage establishment shall file a statement with the chief of police, designating the person or persons with power to act as a manager. The owner and/or on duty manager shall post, on a daily basis, the name and photograph (a minimum size of 4″ × 6″) of each on-duty manager and each on-duty massage practitioner or therapist in a conspicuous public place in the lobby of the massage establishment. The owner shall be responsible for ensuring compliance with this article.

(f) The hours of operation must be posted in the front window and clearly visible from the outside.

(g) No massage establishment shall open for business unless all the individuals providing massage services are CAMTC certified.

(h) The owner and/or manager shall ensure that the city registration certificate for each on-duty massage therapist or practitioner is conspicuously displayed, visible from the entrance and/or reception and waiting area of the massage establishment, and that each massage practitioner or therapist is wearing the photo identification badge required by this article at all times when working in the massage establishment. Such identification shall be provided to a city official upon demand.

(i) No owner and/or manager shall employ any person as a massage practitioner or therapist who does not have a valid and current CAMTC certificate in good standing. Every owner or manager shall report to the chief of police any change of employees, whether by new or renewed employment, discharge or termination, on the form and in the manner required by the chief of police. The owner/manager shall provide the name of the employee and the date of hire or termination. The report shall be made prior to the date of hire and within two (2) business days of termination. The owner/manager shall deliver notice of the termination of any massage practitioner or therapist no longer employed by the owner/manager to the chief of police, within two (2) business days of termination.

(j) All employees, including massage practitioners and therapists, shall, at all times while on the business premises, wear clean, nontransparent outer garments solidly covering the shoulders to four (4) inches or less above the knees to the base of the neck, excluding the arms. Skirts, mini-skirts and dresses shall not be worn at any time while on the business premises, only trousers, pants or shorts may be worn while on duty. Further, under no circumstances shall these garments permit the genitals, pubic area, abdomen, back, buttocks, breast or chest to be exposed. All massage practitioners and therapists shall wear their city issued identification badge visibly on their person affixed to the right front of their clothing at all times during business hours.

(k) The owner and/or manager shall maintain a register of all employees. The employee register shall be maintained on the premises for a minimum period of twenty-four (24) months following an employee's termination. The owner and/or manager shall make the employee register immediately available for inspection upon demand of a representative of the police department at all reasonable times. The employee register shall include, but not be limited to the following information:

(1) The name, nicknames and/or aliases used by an employee or rent-space massage therapist or practitioner.

(2) A good quality color photocopy of a valid and current CAMTC certificate for each employee and rent-space therapist or practitioner.

(3) The employee's or rent-space therapist or practitioner's home address and relevant phone numbers (including but not limited to, home, cellular and pager numbers).

(4) The employee or rent-space therapist or practitioner's age, date of birth, gender, height, weight, color of hair and eyes.

(5) The date of employment and termination, if any, or, in the case of a rent-space therapist or practitioner, the start and end dates of the lease agreement, as well as a copy of the agreement.

(6) The duties of each employee.

(l) No massage establishment shall operate as a school of massage, or use the same facilities as that of a school of massage.

(m) During the hours of operation, visitors shall not be permitted in massage therapy rooms except as follows: (1) the parents or guardian of a patron who is a minor child may be present in the massage therapy room with that minor child; (2) the minor child of a patron may be present in the massage therapy room with the patron when necessary for the supervision of the child; or (3) the conservator, aid, or other caretaker of a patron who is elderly or disabled may be present in the massage therapy room with that elderly or disabled person.

(n) No person shall engage in, conduct or carry on the business of massage therapy or of a massage establishment unless there is on file with the chief of police, in full force and effect at all times, a policy of insurance issued by an insurance company authorized to do business in the State of California evidencing that the permittee is insured under a liability insurance policy providing minimum coverage of one million dollars ($1,000,000.00) for injury or death to one person arising out of the operation of any massage establishment and the administration of a massage.

(o) No person shall engage in, conduct or carry on the business of massage therapy or of a massage establishment unless there is on file with the chief of police, in full force and effect at all times, an insurance certificate, or some other sufficient evidence of compliance, demonstrating that the permittee is in compliance with the Workers' Compensation insurance coverage requirements of the State of California.

((Ord. No. 11-7, § 1, 7-19-11 )