5.36.070 Massage business operating requirements

5.36.070 Massage business operating requirements.

A. CAMTC Certificate to City. No owner or operator shall operate a massage business unless a copy of a current and valid CAMTC certificate first has been provided to the City for each massage technician performing massage services.

B. Compliance Period for CAMTC Certificate. Within six months of the effective date of the ordinance codified in this section, an applicant for an initial Massage Business Permit or for renewal of a current, valid Massage Business Permit, pursuant to CVMC 5.36.050, shall demonstrate compliance with subsection (A) of this section by providing the City with a current and valid CAMTC certificate for each massage technician performing massage services at the business.

C. CAMTC Certificate Posted. No owner or operator shall operate a massage business unless an original CAMTC certificate for each massage technician performing massage is posted on the business premises in public view.

D. CAMTC Identification Carried at All Times. No owner or operator shall operate a massage business unless an original CAMTC-issued identification card or badge is carried by each massage technician while providing massage services.

E. Owner or Operator On Site. An owner or operator of a massage business shall be physically present on the business premises at all times during all hours of operation.

F. Hours of Operation. A massage business may be open for business only between the hours of 6:00 a.m. to 10:00 p.m. No massage services may be offered or performed between 10:00 p.m. and 6:00 a.m.

1. A list of the services available and the costs of such services shall be posted in an open and conspicuous public place on the premises of a massage business. The services shall be described in English.

2. An outcall massage business operator shall provide a list of services available and the costs of such services to a patron upon request.

H. Only Listed Services May be Provided. No owner or operator shall permit to be offered or performed, and no massage technician shall offer or perform, any service other than those posted on the list of available services, nor shall any owner, operator, or massage technician request or charge a fee for any service other than those listed on the list of available services.

I. Interior Doors Unlocked. No owner, operator, or massage technician shall lock any interior door or doors leading to a room used to provide massage when a massage is being performed. A patron may lock any door when alone in a room at any time.

J. Massage Log. An owner or operator must maintain a record of services provided for each treatment. The record of treatment shall include the name and address of the patron, the name of the massage technician, the name of the owner or operator present, the type of service provided, and the time the service began and ended. Such records shall be maintained on the premises of the massage business for at least two years and shall be immediately available for inspection and copying by City inspectors during business hours.

K. External Door Unlocked. The door to the main entrance of the premises of a massage business shall be unlocked during business hours unless the business is owned by one individual with one or no employees or independent contractors.

L. Professional Attire or Uniform Required. During business hours, each owner, operator, and massage technician must wear professional attire or a uniform based on the custom and practice of the massage industry in California. The attire shall be made of nontransparent material and may not expose any specified anatomical areas, as defined in CVMC 5.36.030. Swimwear, lingerie or undergarments may not be used as a uniform or be displayed as part of a uniform.

M. No Residential, Sleeping Use. No massage business premises shall be used for residential or sleeping purposes. No owner or operator shall permit any person, including an owner, operator, or massage technician to reside on the business premises.

N. No Drugs or Alcohol. The sale, service, or consumption of an alcoholic beverage or any marijuana product at a massage business, or in connection with the performance of massage services, is prohibited.

O. No Audio or Video Recording. Audio and/or video recording of, or the monitoring of, the patron, the massage technician, or the massage therapist is prohibited, without the prior written consent of the patron.

P. No Adult-Oriented Merchandise. The display, use or possession of any adult-oriented merchandise, including but not limited to sex toys and condoms, is prohibited in any part of a massage business.

1. No owner or operator shall permit any person to massage or intentionally touch the specified anatomical areas, as defined in this chapter, of another person while performing massage at the permitted establishment, regardless of whether the touching is over or under the patron’s clothing or other covering.

2. No owner, operator or massage technician shall enter any area that is used by a patron unless the patron’s specified anatomical areas are covered.

R. No Sexual Activity. No owner, operator or massage technician shall engage in or permit sexual activity of any kind at the massage business.

S. Failure to Supervise. Any owner and operators shall be responsible for the conduct of their massage technicians. A violation of any provision of this chapter or California Business and Professions Code 4609, as from time to time may be amended, by a massage technician shall be prima facie evidence of the failure to supervise.

T. Application to Off-Premises Massage. Subsections (B), (D), (F), (H), (J) and (L) of this section do not apply to off-premises massage businesses. (Ord. 3541 § 1, 2023).