§ 9-337. Operating requirements—Operations

All owners and managers shall comply with the following operating requirements and any other conditions specified by the chief of police:

(a) Equipment. Each owner and/or manager shall provide and maintain on the premises adequate equipment for disinfecting and sterilizing instruments used in massage.

(b) Linen. Common use of towels or linen shall not be permitted. Towels and linen shall be laundered or changed promptly after each use. Separate enclosed cabinets shall be provided for the storage of clean and soiled linen and shall be plainly marked "clean linen" and "soiled linen" and shall have doors or covers. Heavy white paper may be substituted for sheets provided that such paper is used once for each person and then discarded into a sanitary receptacle.

(c) Living quarters prohibited. No person or persons shall be allowed to reside, dwell, occupy or live inside the massage establishment at any time. Living quarters, if any, shall be completely separate from the massage establishment. No cooking or food of any kind shall be prepared for sale or sold in the establishment unless an appropriate food vending permit is granted by the city and the County of Orange and a full service kitchen is installed. Absent a food vending permit, a kitchen, if any, shall be for the sole use of employees, and shall be installed in an "employees only" area.

(d) Alcoholic beverages/drugs. No person shall enter, be in or on, or remain in or on, any part of a massage establishment while in possession of, consuming, using or under the influence of, any alcoholic beverage or controlled substance. The owner and/or manager shall be responsible to ensure that no such person shall enter or remain upon the premises of the massage establishment. Service of alcoholic beverages shall not be permitted.

(e) Adult oriented merchandise prohibited. The use or possession of adult oriented merchandise in or on any part of a massage establishment is expressly prohibited.

(f) Recordings. No building or part thereof where massage or massage services are being conducted shall be equipped with any electronic, mechanical or artificial device used, or capable of being used, for recording or videotaping or monitoring the activities, conversation, or other sounds in the treatment room or room used by customers. No electronic, mechanical or artificial devise used, or capable of being used, for recording or videotaping or monitoring the lobby and hallway areas shall be used unless the areas being recorded, videotaped or monitored are clearly posted, advising patrons of such recording, videotaping or monitoring.

(g) Coverings. Each massage establishment shall provide to all patrons clean, sanitary and opaque coverings of a minimum size of 30″ × 60″, capable of covering the patrons' specified anatomical areas, including but not limited to the genital area, buttocks and female breasts. No common use of such coverings shall be permitted and re-use is specifically prohibited unless adequately cleaned prior to its re-use.

(h) Records. Every owner and/or manager shall keep a record of the dates and hours of each treatment or service, the name and address of the patron, the name of massage therapist or practitioner administering such service and a description of the treatment or service rendered. A short medical history form shall be completed by the owner and/or manager to determine if the patron has any communicable diseases, areas of pain, high blood pressure or any physical condition which may be adversely affected by massage. These records shall be prepared prior to administering any massage or treatment and shall be retained for a period of twenty-four (24) months after such treatment or service. These records shall be open to inspection upon demand only by officials charged with enforcement of this article or emergency personnel for emergency purposes and for no other purpose. The police department may periodically inspect the records to ensure compliance with this section. The information furnished or secured as a result of any such records shall be used only to ensure and enforce compliance with this article, or any other applicable state or federal laws and shall remain confidential. Any unauthorized disclosure or use of such information by any officer or employee of the city shall constitute a misdemeanor.

(i) Hours of operation. Massage operations shall be carried on or conducted, and the premises shall be open, only between the hours of 7:00 a.m. and 10:00 p.m. The owner and/or manager must advise the city, in writing, at the time of submission of the application for a massage establishment permit of the hours of operation within the times set forth above. The owner and/or manager shall notify the city, in writing, at least thirty (30) calendar days prior to the date of the effective change, of any changes in the hours of operation. A massage begun any time before 10:00 p.m. must terminate no later than 10:00 p.m. The hours of operation must be displayed in a conspicuous public place in the lobby within the massage establishment and in the front window clearly visible from the outside. For massage establishments that are adjacent on any side of the property to residences or R zones, the hours of operation shall be limited to 7:00 a.m. to 9:00 p.m.

(j) Advertising.

(1) Any advertising matter published or distributed shall include in visible print the massage establishment permit number.

(2) No advertising matter shall depict individual persons unless those persons are employees of the establishment, and the employee's CAMTC's certificate number shall also be displayed in visible print on the advertisement.

(3) No massage establishment shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that:

a. Depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available other than legitimate massage services; or

b. Depicts individuals in suggestive poses that would reasonably suggest to prospective patrons that any service is available other than legitimate massage services; or

c. Employs language in the text of any advertising that would reasonably suggest to prospective patrons that any service is available other than legitimate massage services.

(k) Handicapped areas. All massage establishments must comply with all state and federal laws and regulations for handicapped customers.

(l) Compliance. Proof of compliance with all applicable provisions of this ordinance shall be provided upon request by the chief of police.

(m) Doors. All exterior doors (except back or rear exterior doors used only for employee entrance to and exit from the massage establishment) shall remain unlocked during business hours. All interior doors, including but not limited to all doors leading to customer areas, the front reception, hallway or front exterior doors, shall not have any locking mechanisms. A door leading from the lobby area to customer areas, if any, shall not have any locking mechanism or be capable of being locked or blocked to prevent entry, in any manner.

(n) Massage and dressing room doors. All massage and dressing rooms shall be screened off by curtains, draw drapes, or in the alternative, swinging doors, so long as such doors are mounted at least eighteen (18) inches from the floor and not less than ten (10) inches from the top of the door frame. A full door may be used if it does not have a locking mechanism and contains a reverse peephole, allowing visual inspections from outside the room. No other type of door shall be used except those provided for in this section for massage and dressing room doors. No massage may be given within any massage room within a massage establishment, which is fitted with a door capable of being locked. Provided that, in the event of a sole proprietorship operating out of a room that leads directly onto a common hallway that is shared with other, unrelated businesses, the door may remain locked for privacy and security reasons. Such a door must be easily unlocked from the inside in the event of an emergency.

(o) Access. No person(s) other than the owner, manager, employees and customers will be allowed beyond the front lobby, which lobby shall be located directly inside the front door entrance, during the hours of operation. Any other person(s) found beyond the first interior door leading to the inside of the business including, but not limited to, hallways, massage rooms, reception/business offices or lounge area will be in violation of this section. Entry doors to any room shall not be obstructed by any means.

(p) Discrimination. No massage establishment may discriminate or exclude patrons on the basis of race, sex, religion, age or handicap.

(q) Notices. The chief of police shall require that the following notice be posted in the event that any employee of the massage establishment or any person who has been aided and abetted by an employee of the massage establishment has been found, after full hearing by administrative proceeding or by a state court, to have violated any of the offenses that would be grounds for denial under the terms of this article:

NOTICE TO ALL PATRONS

THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY THE COSTA MESA POLICE DEPARTMENT WITHOUT PRIOR NOTICE.

(1) Every owner and/or manager required to post such notice shall be required to pay for the cost of any and all notices required by this section.

(2) The notice shall be conspicuously posted in a location within the massage establishment that is easily visible to any person entering the premises, and shall be conspicuously posted in each massage room. The notices shall be posted for twelve (12) months following the violation of any of the offenses set forth above.

((Ord. No. 11-7, § 1, 7-19-11 )