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SANTA CLARA COUNTY CODE OF ORDINANCES: Division B22 MASSAGE ESTABLISHMENTS AND MASSAGE THERAPISTS*

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Division B22
MASSAGE ESTABLISHMENTS AND MASSAGE THERAPISTS*

Editor's note--Ord. No. NS-516.3, § 1, adopted Jan. 9, 2001, amended Div. B22, in its entirety, to read as herein set out. Prior to inclusion of said ordinance, Div. B22 pertained to similar subject matter. See the Code Comparative Table.

Sec. B22-05. Purpose and intent.

In enacting this division, the Board of Supervisors recognizes that massage is a viable professional field offering the public valuable health and therapeutic services. The Board of Supervisors further recognizes that unless properly regulated, the practice of massage and the operation of massage establishment may often be associated with unlawful activity and pose a threat to the quality of life in the community. Therefore, it is the purpose and intent of this division to regulate massage establishments and practices in order to protect the public health, safety and welfare. Specifically, the regulations in this division are intended to reduce or prevent blight, protect and preserve the quality of commercial and residential properties, protect and preserve the quality of urban life, deter criminal activity and to enhance enforcement of criminal statutes.

(Ord. No. NS-516.3, § 1, 1-9-01)

Sec. B22-1. Definitions.

For the purposes of this division, unless the context clearly requires a different meaning, the words, terms and phrases set forth in this section shall have the meanings given them in this section.

(a) "For compensation" means the exchange of massage for money, goods or services. An establishment or person cannot avoid the requirements of this division by offering free massage in conjunction with other services or goods provided for compensation.

(b) "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 any other parts of the body or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without the use of oils, creams, tonics, lotions, antiseptics, tanning products, or other similar preparations. Massage shall further include baths, including aromatherapy, vapor, shower, electric tub, sponge, hot towels, sauna, steam, or any other type of bath where the essential nature of the service involves any method of pressure or friction against, or stimulating the external parts of the human body with the hands or any other parts of the body.

(c) "Massage establishment" means an establishment having a fixed place of business where any person, firm, association or corporation practices or otherwise permits massage for compensation. For purposes of this division, the term "massage establishment" shall include any establishment providing off-premises massage services. For purposes of this division, the term "massage establishment" may be applied to include establishments which offer services such as "relaxation," "hot tub," "towel wraps," "baths," "health treatments," or "tanning" or any service where the essential nature of the interaction between the employee and the customer involves a massage.

(d) "Massage therapist" or "massage therapist trainee" means any person who, for any type of compensation, practices massage.

(e) "Off-premises massage" means practicing massage for compensation at a location other than at a permitted massage establishment.

(f) "Operator" means any person who operates and is responsible for the day-to-day activities of the massage establishment.

(g) "Owner" means any individual who has any ownership interest in the massage establishment.

(h) "Permit" means a written document authorizing the holder to engage in the business specified in the document. Three types of permits are issued pursuant to this division: establishment permits, therapist permits, and trainee permits.

(i) "Recognized school of massage" means any school or institution of learning approved under the California Education Code or other applicable state law or regulation as a vocational or postsecondary institution wherein the theory, method, ethics, history, practice and work of massage are taught. Such school or institution shall require a residence course of not less than 100 hours of nonrepetitive instruction including the study of anatomy and physiology and hygiene and, in addition, at least 75 hours of demonstration and practice of massage techniques. Any school or institution of learning allowing correspondence course credit not requiring actual attendance at class shall not be deemed a "recognized school of massage."

(j) "Sheriff" means the Sheriff of Santa Clara County or his/her designee including the Deputy Sheriff who is responsible for receiving applications and the required fees, and conducts the investigation necessary in the processing of application for permits required by this division.

(k) "Trainee permit" means a permit issued by the Sheriff authorizing an individual, who is in the process of completing the educational requirements leading to the practice of massage therapy, to practice massage for a limited period of time not to exceed 12 months.

(l) "Working under the supervision" means that the massage therapist trainee has his/her work directed by:

(1) A professional licensed to practice any healing art under the provisions of Division 2 of the California Business and Professions Code (Business and Professions Code § 500 et seq.); or

(2) A professional licensed to practice any services under the California Barbering and Cosmetology Act (Business and Professions Code § 7301 et seq); or

(3) A massage therapist who is licensed, permitted or otherwise authorized to practice massage under this division or under the local or state regulations applicable to the establishment in which the therapist practices.

(Ord. No. NS-516.3, § 1, 1-9-01)

Sec. B22-2. Permit required.

(a) No person, partnership, corporation or other entity shall have an ownership interest in or operate a massage establishment without first obtaining an establishment permit from the Sheriff.

(b) No person shall serve as a massage therapist without first obtaining a therapist permit from the Sheriff.

(c) No person shall serve as a massage therapist trainee without first obtaining a trainee permit from the Sheriff.

(d) No person shall employ as a massage therapist or as a massage therapist trainee in a massage establishment any person who does not possess a current therapist permit or trainee permit.

(Ord. No. NS-516.3, § 1, 1-9-01)

Sec. B22-3. Land use and zoning requirements.

The premises and the property on which the premises occupied by a massage establishment are located must conform with all applicable land use and zoning requirements. New massage establishments must be approved through the architecture and site approval procedure, per Chapter 5.40 of the Zoning Ordinance, and are not eligible for small project exemptions. This includes new (additional) establishments in a commercial or medical office building where other permitted establishments may exist, and changes of location within an existing building where the new location does not contain an existing permitted establishment. Expansions of existing permitted facilities may be eligible for a small project exemption. Change of name or ownership of an ongoing permitted establishment shall not, by itself, be subject to architecture and site approval.

(Ord. No. NS-516.3, § 1, 1-9-01; Ord. No. NS-1200.318, § 24, 3-28-06)

Sec. B22-4. Educational and examination requirements.

(a) Educational requirements. All applicants for an establishment permit or a therapist permit must meet one of the following educational standards in order to qualify for such permit:

(1) Possession of a diploma or certificate of graduation from a recognized school of massage, college, junior college or university which shows satisfactory completion of at least 300 hours of a non-repetitive curriculum in anatomy, physiology, hygiene, sanitation, and the theory, history, ethics and practice of massage; or

(2) Possession of a diploma or certificate of graduation from a recognized school of massage, college, junior college or university which shows satisfactory completion of at least 200 hours of a nonrepetitive curriculum in anatomy, physiology, hygiene, sanitation, and the theory, history, ethics and practice of massage and at least 100 hours of documented experience working under the supervision of a professional as defined in Section B22-1(l); or

(3) Certification by the National Certification Board for Therapeutic Massage and Bodywork.

(b) Written and practical examination requirements. Except where exempt under Paragraph (c), below, all applicants for an establishment permit or a therapist permit must take a written examination and a practical examination to demonstrate a basic knowledge of anatomy, physiology, hygiene, and the practice of massage. The written examination will be in available in English. The applicant may, on his/her own, make arrangements with a certified or registered interpreter to interpret the examination. The applicant may use a translation dictionary during the written examination; electronic dictionaries, definition dictionaries or dictionaries containing written notes or additional text will not be allowed. The practical examination shall be administered on behalf of the County by a doctor appointed by the Sheriff. The Sheriff shall establish examination procedures in accordance with this division. Proof of certification or registration from California Cooperative Personnel Services, from the California State Judicial Council, or from an accredited college offering a certificate program in interpretation/translation must be provided to the Sheriff prior to the administration of the written examination or the practical examination.

If the applicant fails the examination, the applicant shall be permitted to retake the examination once after at least 30 days, but no more than 60 days have elapsed from the date of the first examination, subject to applicable fees and requirements. If the applicant fails the examination a second time, the application for an establishment permit or a therapist permit shall be denied, and the applicant shall be ineligible to apply for an establishment permit or a therapist permit for a period of one year from the date of the second examination.

(c) Exemption from educational and practical examination requirement. An applicant for an establishment permit may be exempt from the educational, written and practical examination requirement, if the applicant signs a declaration under penalty of perjury, that he/she will not personally engage in the practice of massage services.

An applicant for an establishment permit or therapist permit may be exempt from the written examination requirement if the applicant shows current certification by the National Certification Board for Therapeutic Massage and Bodywork.

(Ord. No. NS-516.3, § 1, 1-9-01)

Sec. B22-5. Exemption.

No establishment permit, therapist permit or trainee permit shall be required of the following persons when practicing massage within the scope of his or her license:

(a) Any barber, cosmetologist, esthetician, manicurist, electrologist, apprentice, barber instructor or cosmetology instructor licensed under the California Barbering and Cosmetology Act (Business and Professions Code § 7301 et seq.).

(b) Any person licensed to practice any healing art under the provisions of Division 2 of the California Business and Professions Code (Business and Professions Code § 500 et seq.).

(Ord. No. NS-516.3, § 1, 1-9-01)

Sec. B22-6. Application for an establishment permit or therapist permit.

Written application for an establishment permit or therapist permit required by this division and any renewal thereof shall be filed with the Sheriff's office. Such application shall be accompanied by a fee as prescribed by the Board of Supervisors.

The following personal information concerning the applicant, if an individual; and concerning each stockholder, each officer and each director, if the applicant is a closely held corporation; and concerning each partner, including limited partners, if the applicant is a partnership; and concerning the operator of the establishment; shall be provided with the application:

(a) Name, present residential and business addresses, telephone numbers, birth date and driver's license number of applicant.

(b) The two previous residential addresses immediately prior to the present residential address of the applicant, and the dates of residence at each.

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

(d) Proof that the applicant is over the age of 18 years; e.g. photocopy of California driver's license, California I.D. or U.S. passport.

(e) A listing and general explanation of any arrests or convictions for any felonies or non-traffic misdemeanors.

(f) Document(s) indicating that the applicant has met the educational requirements set forth in Section B22-4(a).

(g) Fingerprints and two portrait photographs of the applicant, which shall be at least two inches by two inches in size.

(h) Statement indicating whether the applicant has ever had an ownership interest in, operated or been employed by any business which has been the subject of an abatement proceeding under the California Red Light Abatement Act (California Penal Code §§ 11225--11325) or any abatement laws in other jurisdictions.

(i) Such further information as may be required by the Sheriff.

In addition to that information required in B22-6(a) through (i) above, an applicant for an establishment permit must also provide that information required in (j) and (k) below:

(j) A statement that the applicant either:

(1) Owns the premises where the massage establishment shall be located; or

(2) Leases such premises, in which event the name, address, and telephone number of the owner of the premises shall be specified and the date and term of the lease shall be set forth.

(k) The name under which, and address where the applicant proposes to operate a massage establishment and the assessor's parcel number for such property. The applicant shall also provide the street address where the applicant conducted any business providing massage, relaxation, "hot tub," "towel wraps," "baths," "health treatments," or "tanning" services within any of the 24 months immediately preceding the date of the application, and the name under which such similar business was conducted.

(Ord. No. NS-516.3, § 1, 1-9-01)

Sec. B22-6.5. Annual renewal application.

Every holder of a permit required by this division shall annually make application for renewal of his or her permit to the Sheriff. The annual renewal application shall require an update on any and all information set forth on the initial application and be accompanied by the annual renewal fee as prescribed by the Board of Supervisors. Written application for renewal must be submitted at least 90 days before the permit expiration date. If the permittee fails to timely submit the application, fails to timely provide the updated information, or fails to timely pay the renewal fee, then the underlying permit shall be null and void on the expiration date stated on the permit.

(Ord. No. NS-516.3, § 1, 1-9-01)

Sec. B22-7. Permit fee.

The non-refundable fees for each establishment permit, therapist permit, trainee permit, or renewal of such permit, payable at the Sheriff's office at the time the application or renewal application is submitted, shall be in accordance with the most recently adopted Board of Supervisors fee schedule.

(Ord. No. NS-516.3, § 1, 1-9-01)

Sec. B22-8. Permit referral.

The Sheriff's office shall investigate the background of an applicant of any permit or renewal thereof. Additionally, the Sheriff shall refer an application for an establishment permit to the Health Officer with respect to health and sanitary conditions, to the Building Inspection Office with respect to fire hazard and life safety, and to the Planning Office to ensure compliance with applicable zoning and permitting requirements. The Sheriff may also refer an application for any permit to other persons, entities or agencies deemed appropriate.

(Ord. No. NS-516.3, § 1, 1-9-01)

Sec. B22-9. Action by the Sheriff on permit application.

(a) The Sheriff shall either issue or deny a permit within 90 calendar days following receipt of a completed application. In taking such action, the Sheriff shall consider the recommendations of the County officials investigating the application pursuant to Section B22-8, along with any other relevant evidence.

(b) The Sheriff shall deny an establishment permit, a therapist permit, or a trainee permit or the renewal thereof on any of the following grounds:

(1) The applicant or the owner or operator of a massage establishment has been convicted of a violation of Penal Code § 266i, 311--311.7, 314, 315, 316, 318, 647(b) or 647(d); or equivalent offenses under the laws of another jurisdiction, even if expunged.

(2) The applicant or the owner or operator of a massage establishment is required to register under the provisions of California Penal Code § 290.

(3) The operation of a massage establishment at the proposed location would be injurious to the health, safety or welfare of the people of the County, or would not be in compliance with the applicable zoning regulations.

(4) The applicant knowingly made a material misstatement of fact in the license application.

(5) The applicant or the owner or operator of a massage establishment has had any massage establishment or therapist permit or license, which was issued by the State of California, or by any county or municipality, revoked.

(c) The Sheriff, in his or her sole discretion, may deny an establishment permit, a therapist permit, or a trainee permit or the renewal thereof on any of the following grounds. In exercising such discretion, the Sheriff may consider whether there have been any convictions within the ten years prior to the date of the application and whether there have been any additional arrests for violations of the offenses listed.

(1) The applicant or the owner or operator of a massage establishment has been convicted in a court of competent jurisdiction of any crime in conjunction with or as a result of the operation of a massage establishment or adult business.

(2) The applicant or the owner or operator of a massage establishment has been convicted in a court of competent jurisdiction of any sex-related crime or crime of moral turpitude.

(3) The applicant has been convicted in a court of competent jurisdiction of any misdemeanor or felony offense which relates directly to the operation of a massage establishment, whether as a massage establishment owner or operator, or as a massage therapist.

(4) The applicant or owner or operator of a massage establishment has been convicted of any felony offense involving the sale of a controlled substance specified in Health and Safety Code § 11054, 11055, 11056, 11057 or 11058; or equivalent offenses under the laws of another jurisdiction, even if expunged.

(5) The applicant or owner or operator of a massage establishment has been convicted in a court of competent jurisdiction of any offense involving the use of force and violence upon the person of another which constitutes a felony.

(6) The applicant or the owner or operator of a massage establishment has previously violated the provisions of this division or of any similar ordinance, law, rule or regulation of the County or another public agency which regulates the operation of massage establishments or massage therapists.

(d) If a permit or a renewal thereof is approved, the Sheriff may include such restrictions and conditions in the permit as he/she deems reasonable and necessary under the circumstances to ensure compliance with the purposes and intent of this division. Upon approval of a permit or renewal thereof, the Sheriff shall prepare and forward to the applicant written notice that the permit has been granted or renewed, and a statement of any conditions attached thereto. No decision of the Sheriff upon an application for a permit or renewal thereof shall become final until the 15-calendar-day period in which an appeal may be made to the Board of Supervisors has elapsed without an appeal having been filed. Notice of the Sheriff's decision shall be given to the permit applicant by personal delivery or by certified mail.

(Ord. No. NS-516.3, § 1, 1-9-01)

Sec. B22-10. Issuance of permit.

Following the granting of a permit or renewal thereof, and the lapse of the 15-calendar-day appeal period set forth in Section B22-11, the Sheriff's office shall issue a permit. Each establishment permit and therapist permit shall be valid for a period of 12 calendar months following issuance thereof, unless sooner revoked pursuant to the provisions hereof. A permit may be renewed for a 12-month period pursuant to Section B22-6.5.

The permit shall specify the full legal name of the permittee and the date the permit expires. An establishment permit shall specify the name and address of the business location. The holder of an establishment permit shall not operate at any location other than the location specified in the permit.

(Ord. No. NS-516.3, § 1, 1-9-01)

Sec. B22-11. Appeal.

(a) Within 15 calendar days following the Sheriff's action on an application for a permit, any person dissatisfied with the decision or any conditions(s) may appeal to the Board of Supervisors. Appeals shall be filed with the Sheriff's office and must be accompanied by a fee in accordance with the most current fee schedule adopted by the Board of Supervisors. A copy of the appeal shall be forwarded to the Clerk of the Board of Supervisors.

(b) The Clerk of the Board of Supervisors shall schedule a public hearing for the appeal to be considered by the Board of Supervisors.

Notice of such hearing shall be mailed at least ten days prior to hearing to the appellant, the permit applicant, and any other person who has filed a written request for such notice. Notice of such hearing on an appeal of an establishment permit shall also be mailed to the property owner.

(c) The appeal shall be placed on the Board of Supervisors' agenda within 60 calendar days after filing of the appeal; provided that the Board of Supervisors may continue from time to time any hearing held by it.

(d) The Board of Supervisors shall conduct a de novo hearing and may approve, disapprove or conditionally approve the application based upon the findings set forth in Section B22-9.

(Ord. No. NS-516.3, § 1, 1-9-01)

Sec. B22-12. Revocation of permit.

(a) The Sheriff may revoke an establishment permit or a therapist permit or a trainee permit for good cause. Before the Sheriff revokes a permit, the Sheriff shall provide that notice of the intended revocation be given to the permittee by personal delivery or by certified mail. The notice shall provide for revocation of the permit 15 calendar days after service of the notice upon the permittee, unless the permittee requests an appeal hearing. The notice shall provide information on the appeal process.

(b) Following the receipt of such revocation notice and within 15 calendar days thereafter, the permittee may file an appeal of the revocation and request a hearing be held in accordance with Section B22-11(a)--(c). If an appeal is filed, the Board of Supervisors shall conduct a de novo hearing on the appeal of any permit revocation and may approve, disapprove, or conditionally approve or modify the revocation based upon the findings set forth in Section B22-12(d).

(c) If after the passage of 15 calendar days from the receipt of the revocation notice, the permittee has not requested an appeal, the Sheriff's revocation decision shall become final.

(d) A permit may be revoked for good cause on the basis of any one (or more) of the following:

(1) The permit was obtained by fraud; or

(2) Any person making use of such permit is violating or has violated any conditions of such permit; or

(3) The detriment to the public health or safety, or the nuisance arising from the conduct of the massage establishment, or from changed circumstances, necessitates the revocation of the permit; or

(4) The permittee has violated, or permitted any other person under his/her control or supervision to violate any provision of this division or state or federal law in connection with the practice of massage or operation of a massage establishment; or

(5) The permittee has committed any offense involving lewdness, indecent exposure, prostitution, or any other offense which would be grounds for denial of an application, or employees of the establishment have committed such offenses in the course of their employment and the permittee has failed to prevent them from doing so. The employer shall be responsible for those acts of its employees and massage therapists which are done in the course and scope of their employment, or which occur on the premises of the massage establishment.

(Ord. No. NS-516.3, § 1, 1-9-01)

Sec. B22-13. Immediate suspension of permit.

(a) The Sheriff may immediately suspend an establishment permit or a therapist permit or a trainee permit if there is reasonable cause to believe that:

(1) The permit holder is operating or managing the establishment, or providing services in a manner which poses an immediate danger to the health or safety of employees, clients, or the public;

(2) The permit holder has been convicted of any offense involving lewdness, indecent exposure, prostitution, sexual battery or any sex-related crime. The only permit which shall be immediately suspended under this subsection shall be that permit belonging to the person convicted.

(b) If the Sheriff immediately suspends a permit, the Sheriff shall provide notice be given to the permittee by personal delivery or by certified mail. The notice shall contain a statement that the permit is immediately suspended and such suspension shall remain in effect during the pendency of the suspension and appeal process. The notice shall provide information on the appeal process. The notice shall contain a statement that the suspension may lead to a permanent revocation of the permit.

(c) Following the receipt of such immediate suspension notice and within 15 calendar days thereafter, the permittee may file an appeal of the suspension and request a hearing be held in accordance with Section B22-11(a)--(c). If an appeal is filed, the Board of Supervisors shall conduct a de novo hearing on the appeal of any permit suspension and may permanently revoke the permit, dissolve the suspension, or conditionally approve or modify the suspension based upon the findings set forth in Section B22-13(a).

(d) If after the passage of 15 calendar days from the receipt of the suspension notice, the permittee has not requested an appeal, the Sheriff's decision to suspend shall become final and the permit shall be permanently revoked.

(Ord. No. NS-516.3, § 1, 1-9-01)

Sec. B22-14. Massage therapist trainee permit.

Written application for the trainee permit required by this division shall be made in accordance with Section B22-6, and the application will contain the same information specified in that section, except that in lieu of the requirement set forth in Section B22-6(f), the applicant shall present written proof that he/she is currently enrolled in a recognized school of massage, the date of initial enrollment in such school, the scheduled date of graduation, and that the applicant has completed 35 hours of instruction.

Written application for a trainee permit shall be accompanied by a fee as prescribed by the Board of Supervisors. In addition, the applicant shall submit a letter signed by the owner or operator of a permitted massage establishment stating his/her intent to immediately employ the applicant to practice massage as a trainee working under supervision as that term is defined in Section B22-1(l).

The Sheriff shall issue or deny the trainee permit in accordance with the provisions of Section B22-9. An appeal of the Sheriff's decision on a trainee application may be made pursuant to Section B22-11. Issuance of a trainee permit shall be made in the same manner as found in Section B22-10, and shall be valid for a period of 12 months.

(Ord. No. NS-516.3, § 1, 1-9-01)

Sec. B22-15. Permits nontransferable.

Permits granted under this division shall not be transferable, either as to the permittee or the location. Any attempt to transfer shall render the permit in question invalid, and no further massages may be conducted under such permit.

(Ord. No. NS-516.3, § 1, 1-9-01)

Sec. B22-16. Notice of employees' status.

Every person holding an establishment permit shall notify the Sheriff, in writing, of the name and residence of each person employed as a massage therapist or massage therapist trainee within five days of the start of employment.

(Ord. No. NS-516.3, § 1, 1-9-01)

Sec. B22-17. Application of division to preexisting businesses.

The provisions of this division shall be applicable to all persons and businesses described herein after the effective date of this division. Massage establishment licenses or massagist certificates of registration issued by the County before February 5, 2001, shall not be renewed. Persons holding such licenses or certificates must submit, at least 90 days before the expiration date on the license or certificate, a written application for a permit, successfully pass the practical examination requirement set forth in Section B22-4(b) and be issued a permit as set forth in this division. Those persons holding massage establishment licenses or massagist certificates of registration issued by the County before February 5, 2001, and who apply for an establishment permit or a therapist permit under this division are exempt from the educational requirements set forth in Section B22-4(a) and from the written examination requirements set forth in Section B22-4(b).

(Ord. No. NS-516.3, § 1, 1-9-01)

Sec. B22-18. Prohibited acts.

(a) No permittee or any other employee of a massage establishment shall place either his/her hands upon, or touch with any part of his/her body, a sexual or genital part of any other person in the course of a massage, or massage a sexual or genital part of any other person. Sexual or genital parts shall include the genitals, pubic area, anus or perineum of any person or the vulva or the nipples of a female.

(b) No permittee or any other employee of a massage establishment shall uncover or expose the sexual or genital parts, as defined above of a client or themselves in the course of practicing massage or other health treatment before or after a massage. This subsection does not prohibit a client from turning over in the course of a massage, so long as the therapist holds a drape over the client to protect his/her privacy.

(Ord. No. NS-516.3, § 1, 1-9-01)

Sec. B22-19. Operating requirements, general.

All massage establishments shall comply with the following operating requirements.

(a) Exterior signs. A recognizable and legible sign shall be posted at the main entrance identifying the business as a massage establishment. Such sign shall comply with any applicable ordinance requirements.

(b) Maintenance of permits. A copy of the establishment permit and each therapists' permit shall kept on the premises and available for inspection. A passport-size photograph of the permittee or a photocopy of the permittee's driver license shall be affixed to each permit.

(c) Posting of services offered. Each service offered, the price thereof, and the minimum length of time such service shall be practiced shall be posted legibly on a list located in a conspicuous public place within the premises. No service other than those set forth on the list shall be provided.

(d) Payment. All payments for massage services shall be made at the designated reception area exclusively.

(e) Alcohol prohibited. No alcoholic beverages shall be sold, served, furnished, kept or possessed in any part of a massage establishment. The owner and/or operator shall be responsible to ensure that no person possesses alcoholic beverages inside the massage establishment.

(f) Written records. Every massage establishment shall maintain written records which include the date and hour of each service provided, the full name of each client and type of service received, as well as the name of the massage therapist administering the service. These records shall be kept on the premises and shall be open to inspection by officials upon request, including the Sheriff and County Attorney charged with enforcement of this article. These records shall be kept for a period of at least six months.

(g) Dress code for employees. The holder of the establishment permit, massage therapists and all other employees of the massage establishment shall remain fully clothed in clean outer garments while on the premises of the massage establishment. At a minimum such clothing shall be made of non-transparent material and shall cover the entirety of the torso area from the chest to mid-thigh.

(h) Operating hours. No massage establishment shall be kept open for business and no massage therapist shall administer massages before the hour of 8:00 a.m. or after the hour of 10:00 p.m. More restrictive hours may be stipulated by the Sheriff where appropriate.

(i) Recording or scanning devices prohibited. No audio or video recording device shall be used by the operator or any employee of the massage establishment to monitor the practice of a massage, or any conversation or other sounds in massage rooms without the expressed consent of the client. No device of any kind shall be installed or used which would operate in any way to detect or interfere with law enforcement surveillance or communication equipment.

(j) Advertising. All advertisements for massage establishments and the services offered therein shall reflect the professional nonsexual nature of the business. No massage establishment granted a permit under this division shall distribute or cause to be distributed any advertising matter that depicts any service is available other than those services authorized by this division.

(Ord. No. NS-516.3, § 1, 1-9-01)

Sec. B22-20. Facility requirements.

All massage establishments shall comply with the following requirements:

(a) A minimum of one tub or shower, and one toilet and one wash basin shall be provided.

(b) Massage establishments shall be equipped with clean and sanitary towels, sheets and linens in sufficient quantity. Towels, sheets and linens shall not be used by more than one person. Reuse of such linen is prohibited unless it has been laundered. Heavy white paper may be substituted for sheets, provided that such paper is discarded after each use.

(c) Cabinets or other covered space shall be provided for the storage of clean linen. Receptacles shall be provided for all soiled linen and paper towels.

(d) All rest rooms or wash basins shall be provided with hot and cold running water, soap, and single-service towels in wall-mounted dispensers.

(e) All walls, floors, ceilings, pools, showers, bathtubs and all other physical facilities must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or vapor cabinets, shower compartments and rooms shall be thoroughly cleaned and disinfected each day the business is in operation.

(f) All other components of a massage establishment, including appliances, furniture and apparatus shall be maintained in a sanitary and operational condition at all times.

(g) Disinfecting agents and sterilizing equipment shall be provided for any instruments used in practicing acts of massage and instruments shall be disinfected and sterilized after each use.

(h) Pads used on massage tables shall be covered with durable, washable plastics or other acceptable waterproof material.

(i) All doors, except rest room doors, shall be kept unlocked during business hours. Locking devices shall not be allowed on any interior doors within the establishment, with the exception of rest room doors.

(j) Secure deposit devices capable of being locked by the client, or a security bag that may be carried by the client shall be available to the client for the protection of valuables.

(k) A single mirror, whose dimensions do not exceed three feet wide (horizontal) and five feet tall (vertical), may be installed within a room. No other mirrors shall be allowed.

(l) Massage establishments must be well lighted at all times during business hours. Rooms where massage services are provided must be sufficiently illuminated by not less than one 40-watt white light bulb or equivalent, and shall remain lighted at all times when occupied.

(Ord. No. NS-516.3, § 1, 1-9-01)

Sec. B22-21. Inspection by officials.

As a condition of the establishment permit, any and all investigating officials of the County shall have the right to enter massage establishments during regular business hours to conduct reasonable inspections to observe and enforce compliance with the provisions of this division, as well as any other applicable requirements including, but not limited to building, fire, planning and health requirements. A warrant shall be obtained whenever required by law.

(Ord. No. NS-516.3, § 1, 1-9-01)

Sec. B22-22. Hot tub/sauna, tanning establishments.

Massage services shall not be made available to clients at hot tub/sauna or tanning establishments unless the establishment holds a valid massage establishment permit. Hot tub/sauna or tanning establishments which offer massage services must comply with all provisions of this division. Massages shall not be given in any room or areas in which a hot tub, sauna, shower or jacuzzi is located, or in wet and dry heating rooms, tanning rooms, steam or vapor rooms, cabinets or bathrooms. All employees of the hot tub/sauna or tanning establishment who practice massage as defined in Section B22-1(b) must hold a valid therapist permit.

(Ord. No. NS-516.3, § 1, 1-9-01)

Sec. B22-23. Off-premises massage prohibited; limited exceptions.

(a) No person shall engage in any of the services under this division at any place other than an establishment permitted pursuant to this division, unless the client of such services possesses and presents a valid prescription from a licensed physician to the effect that the client cannot be treated at the massage establishment. A record of every such prescription shall be obtained and kept by the person rendering this service for a period of one year. Such record shall show the name and address of the physician, the date, and any applicable prescription number.

(b) Chair massage services may be offered at the workaday of businesses with over 25 employees without obtaining a separate massage establishment permit. Such chair massage services shall comply with the following standards:

(1) During the duration of the massage, the client shall be seated in a chair. The client shall be fully clothed. The massage shall be limited to the client's neck, arms, shoulders, and back area above the waist and shall be done without the use of oils, creams, tonics, lotions, antiseptics, tanning products, or other similar preparations. The chair massage shall not last longer than 30 minutes.

(2) All chair massage services shall be performed by a massage therapist holding a valid current permit under this division.

(3) The chair massage services will be available equally to all employees of the business. Provision of chair massage services shall be limited to those hours that the business is regularly open to the public. The services shall be provided in an open environment and shall be observable to the passer-by.

(4) The business offering chair massage services at the workaday shall approve the provision of such services at the workaday. The business offering chair massage services shall notify the Sheriff of the location at the workaday at which the chair massage will be provided and the hours during which chair massage services will be made available. The business shall keep a record of the names of each massage therapist who provides chair massage services at the workaday and shall allow the Sheriff to inspect such records upon request. Records shall be kept for a minimum of one year.

(Ord. No. NS-516.3, § 1, 1-9-01)

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