The operator of a massage establishment shall maintain and operate the establishment in a safe and sanitary manner, and shall comply with all applicable land use, building, fire, safety, health, electrical, plumbing, mechanical, heating and ventilating, sanitation, and other laws applicable to the premises. In addition, the massage establishment shall meet the following requirements:
(a) A recognizable and legible sign, in compliance with all city and county ordinances, shall be posted at the main entrance identifying the premises as a massage establishment.
(b) A light level of no less than five (5)-foot candles at any point within the room shall be maintained in each room or enclosure where massage services are performed on patrons.
(c) A separate room or dressing locker facilities for each client. Dressing and undressing may occur in the same room as massage therapy is the client is alone in the room with the door(s) closed and opaque coverings are present on any windows while undressing or dressing. The massage therapist or other clients may not be present in the same room when the client is undressing;
(d) Any dressing, locker and toilet facilities that are provided shall meet these requirements:
(1) In steam rooms and rooms containing tubs or showers, a waterproof floor covering shall be provided which extends up the walls at least six inches and shall be coved at the floor-wall juncture with at least a 3/8 inch radius. Toilet rooms shall be of similar construction.
(2) Walls of toilet and bathing facilities shall be smooth, waterproof and kept in good repair.
(e) Cabinets shall be provided for the storage of clean linen. Approved containers shall be provided for the storage of all soiled linen.
(f) Minimum ventilation shall be provided in accordance with Article II of Chapter 24 of the Vernon Municipal Code. To allow for adequate ventilation in cubicles, rooms and areas provided for patron’s use, which are not served directly by required window or mechanical systems of ventilation, partitions shall be constructed so that the height of partitions does not exceed seventy-five percent (75%) of the floor-to- ceiling height of the area in which they are located.
(g) All plumbing and electrical installations shall be installed under permit and inspected by the Department of Public Works and such installations shall be installed in accordance with the Uniform Building Code and the Uniform Plumbing Code.
(h) All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilet rooms, shall be thoroughly cleaned and disinfected each day the business is in operation. Bathtubs shall be thoroughly cleaned and disinfected after each use.
(i) Towels, linens, and sheets of all types and items for personal use of operators and patrons shall be clean and freshly laundered. Towels, linens, and sheets shall be washed after each and every use. Reuse of such linen is prohibited unless the same has been first laundered. Common use of towels or linens is prohibited. 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.
(j) All lavatories or wash basins shall be provided with hot and cold running water, liquid (not bar) soap and single-service disposable towels in wall-mounted dispensers.
(k) Disinfecting agents and sterilizing equipment shall be provided for any instruments used in performing acts of massage.
(l) Pads used on massage tables shall be covered in a workmanlike manner with durable washable plastic or other acceptable waterproof material.
(m) No exterior entrance to the massage establishment which is regularly used by the public for ingress or egress to such establishment shall be locked during business hours, unless all clients and staff are behind closed doors and no staff are available to assure security for those clients and staff.
(n) A list of services available and the cost of such services shall be posted in an open and conspicuous place on the premises. The services shall be described in readily understandable language. No owner or operator of the massage establishment, shall permit, and no massage therapist shall offer to perform any services other than those posted.
(o) With the exception of bathrooms, showers and dressing rooms, no owner or operator of any massage establishment shall permit any person in any area within the massage establishment which is used by the patrons or which can be viewed by patrons from such an area, unless the person’s specified anatomical areas are fully covered.
(p) No massage establishment 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, for monitoring the activities, conversation, or other sounds in the treatment room or room used by customers.
(q) A person shall not enter, be or remain in any part of a massage establishment or premises licensed as such while in the possession of, consuming or under the influence of any alcoholic beverage or controlled substance. No owner or operator shall permit any such person to enter or remain upon the premises of a massage establishment.
(r) No massage or massage services may be administered unless the customer’s specified anatomical areas are clothed. If the customer is female, the breasts need not be clothed but must be covered by a towel when the customer is lying on her back.
(s) No owner or operator of a massage establishment shall during the course of any service or task associated with the operation of a massage business permit any person to massage or intentionally touch the specified anatomical areas of another person either under or over the clothing or towel
(t) No owner or operator of a massage establishment shall permit any massage therapist to be on the premises of a massage establishment during its hours of operation while performing or available to perform any task or service associated with the operation of a massage business, unless the massage therapist is fully covered from a point no more than five (5) inches above the knees to the base of the neck, excluding the arms. The covering, which includes trousers, pants or shorts, will be of a non-transparent material and will be maintained in a clean and sanitary condition.
(u) No owner or operator of a massage establishment shall permit any animals or pets on the premises, except for service animals as defined by the Americans with Disabilities Act.
(v) A current list of the individuals providing massage services in the massage establishment, and evidence of the organization-issued certificates or transitional massage technician licenses held by those individuals shall be maintained at the massage establishment at all times and shall be made immediately available to the Chief for inspection upon request.
(w) For a massage establishment in which the therapist is an employee, all massage services shall be paid for in the reception area, and all tips, if any, shall be paid in the reception area. For a massage establishment at which a therapist is an independent contractor or for outcall massage services, all massage services and all tips, if any, may be paid in the same room where the massage occurred. A massage establishment located in a home is exempt from this subsection. (Ord. No. 1234, § 3.)
