HomeMy WebLinkAbout6.8 Ordinance Regulating Massage Services CITY OF DUBLIN v rQ
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 22, 1986
SUBJECT PUBLIC HEARING: Ordinance Regulating Massage
Establishments and Massage Services
EXHIBITS ATTACHED Draft Ordinance
RECOMMENDATION ,�/ Open Public Hearing
\f �� Receive Staff Presentation
Hear Public Testimony
Close Public Hearing
Waive Reading and Introduce Ordinance
FINANCIAL STATEMENT: The costs incurred by the Police Department in issuing
a permit would be recovered by a permit fee . The
amount of the fee will be established later by
resolution .
DESCRIPTION The attached proposed ordinance is brought to the City
Council as a part of the comprehensive revision of the City' s ordinances and
development of a Municipal Code. The proposed ordinance regulates massage
establishments and services .
The Police Chief has reviewed this ordinance and concurs with its content.
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COPIES TO:
ITEM NO.
I
ORDINANCE NO. -86
AN ORDINANCE OF THE CITY OF DUBLIN REGULATING
MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES
The City Council of the City of Dublin does ordain as follows :
Section 1 : DEFINITIONS. Unless the provision or context
otherwise requires, the definitions contained herein shall govern
the construction of this ordinance.
(a) APPLICANT. "Applicant" shall mean any person who
applies for a permit as required by this ordinance.
(b) BONA FIDE NONPROFIT CLUB. "Bona fide nonprofit club"
shall mean any fraternal, charitable, religious,
benevolent or any other nonprofit organizatin having a
regular membership association primarily for mutual
social, mental, political and civic welfare, to which
admission is limited to the members and guests and
revenue accruing therefrom is to be used exclusively for
the benevolent purposes of said organization and which
organization or agency is exempt from taxation under the
Internal Revenue Laws of the United States as a bona
fide fraternal, charitable, religious, benevolent or
nonprofit organization.
(c) EMPLOYEE. "Employee" shall mean any person, other than
the masseurs or masseuses, who renders any service to
the permittee, who receives compensation directly from
thepermittee, and who has no physical contact with the
customers and clients.
(d) HEALTH OFFICER. "Health officer" shall mean the Health
Officer of the County of Alameda or his authorized
representative.
(e) MASSAGE. "Massage" shall mean any method of pressure
on or friction against, or stroking, kneading, rubbing,
tapping, pounding, vibrating, or stimulating of the
external parts of the body with the hands or with the
aid of any mechanical or electrical apparatus or
appliance, with or without such supplementary aids as
rubbing alcohol , liniment, antiseptic, oil, powder,
cream, lotion, ointment or other similar preparation
commonly used in this practice.
( f) MASSAGE ESTABLISHMENT. "Massage establishment" shall
mean any establishment having a fixed place of business
where any person engages in or carries on or permits to
be engaged in or carried on any of the activities
described in sub-section (e) . Any establishment engaged
in or carrying on, or permitting any combination of
massage and bath house shall be deemed a massage
establishment.
(g) MASSEUR OR MASSEUSE. "Masseur" or "Masseuse" shall
means any person who, for any consideration whatsoever,
engages in the practice of massage as herein defined.
(h) OUT CALL MASSAGE SERVICE. "Out call massage service"
shall mean engaging in or carrying on the practice of
massage, not at a fixed location licensed as a massage
establishment, but at a location designated by the
permittee, masseur or masseuse, customer or client.
(i) PERMITTEE. "Permittee" shall mean any person operating
or maintaining a massage establishment.
( j ) PERSON. "Person" shall mean any individual,
copartnership, firm, association, joint stock company,
corporation or combination of individuals of whatever
form or character.
(k) RECOGNIZED SCHOOL. "Recognized school" shall mean any
school or institution of learning which has for its
purpose the teaching of the theory, method, profession,
or work of massage, which school requires a resident
course of study not less than one hundred (100 ) hours,
at least seventy-five (75 ) hours of which shall be
classroom instruction, to be given before the student
shall be furnished with a diploma or certificate of
graduation from such school or institution of learning
following the successful completion of such course of
study or learning, and which school has been approved
pursuant to Section 29007 . 5 of the Education Code of the
State of California.
Section 2: PERMIT REQUIRED FOR MASSAGE ESTABLISHMENT. No person
shall engage in, conduct or carry on, or permit to be engaged in,
conducted or carried on, in or upon any premises in the City of
Dublin, the operation of a massage establishment without first
having obtained a permit therefor from the Chief of Police in
accordance with the provisions of this ordinance. -
A bona fide non-profit club shall not be required to obtain a
permit but must conform to all applicable building, health, fire
and zoning laws.
A separate permit must be obtained for each branch location in
which the operation of a massage establishment is to be carried
on.
Section 3 : DISPLAY OF PERMIT: MASSAGE ESTABLISHMENT. Every
massage establishment permit issued pursuant to the provisions of
this Chapter shall at all times be displayed in a conspicuous
place within the massage establishment.
Section 4: MASSEUR OR MASSEUSE PERMIT REQUIRED. No person
' shall , in or upon any premises in the City of Dublin, act in the
capacity of masseur or masseuse without first having obtained a
permit therefor from the Chief of Police in accordance with the
provisions of this ordinance.
Section 5: IDENTIFICATION NAMEPLATE. Every person acting in the
capacity of masseur or masseuse shall , at all times when so
engaged, wear on the front of his or her outermost garment an
identification nameplate containing his or her photograph, name
and permit number.
Section 6: NON-TRANSFERABILITY. No permit issued pursuant to
the provisions of this ordinance is transferable to any other
person or location.
Section 7 : APPLICATION: MASSAGE ESTABLISHMENT PERMIT . An
application for a massage establishment permit shall be submitted
to the Chief of Police on forms provided by him. Such forms shall
require submission of the following information:
(a) The exact nature of the massage to be administered, the
proposed place of business and facilities therefor, and
the name and address of the applicant.
(b) The two (2 ) previous addresses immediately prior to the
present address of the applicant.
(c) Written proof that the applicant is at least eighteen
(18) years of age .
(d) Applicant' s height, weight, color of eyes and hair.
(e) Two (2) portrait photographs of the applicant at least
211 x 211 .
( f) Business, occupation, or employment of the applicant for
the three (3 ) years immediately preceding the date of
application.
(g) The massage or similar business license history of the
applicant; whether such person, in previously operating
in this or another city, county or state under license,
has had such license revoked or suspended, the reason
therefor, and the business activity or occupation
subsequent to such action of suspension or revocation.
(h) All criminal convictions except minor traffic
violations.
(i) Fingerprints of the applicant.
( j ) The Social Security number and driver' s license number
of the applicant.
(k) Such other identification and information as deemed
necessary by the Chief of Police.
Section 8: CORPORATE APPLICANT. If the applicant is a
corporation, the name of the corporation exactly as shown in its
articles of incorporation and the address of the principal office
of the corporation shall be set forth in the application. In
addition thereto, the information required by .Section 7 shall be
submitted for each of the officers, directors, stockholders and
managing employees of the corporation.
Section 9: PARTNERSHIP APPLICANT. If the applicant .is a
partnership or any other form of unincorporated association, the
name of the partnership or association exactly as shown in its
partnership agreement or other document creating the association
and the address of the principal office of the partnership or
association shall be set forth in the application. In addition
thereto, the information required by Section 7 shall be submitted
for each of the partners, including limited partners, members and
managing employees of the partnership or association. If any
partner, member or manager is a corporation, the provisions of
Section 8 shall be applicable to such corporation.
Section 10: VERIFICATION OF APPLICATIONS . All applicants shall
sign a declaration under penalty of perjury that the information
contained in or submitted with the application is true.
Section 11 : ISSUANCE OR DENIAL OF PERMIT. The Chief of Police
shall, within thirty ( 30 ) days after receipt of an application
complying with all the provisions of this ordinance, issue a
permit or deliver to the applicant, personally or by mail , written
notice of denial of the permit, setting forth the reason or
reasons therefor, in accordance with the provisions of Section
12 .
Section 12: GROUNDS FOR DENIAL OF PERMIT . The Chief of Police
shall deny the permit if he finds :
(a) That any information contained in or submitted with the
application is not true; or
(b) That the operation as proposed by the applicant would
not comply with any provision of this Chapter or any
other ordinance or. regulation of the ' City of Dublin or
any statute or regulation of the State of California; or
t
(c) That any person referred to in Sections 7, 8 or 9
or any other person who would be directly engaged in the
management and operation of the massage establishment
has been convicted of any of the following offenses or
convicted of an offense without the State of California
that would have constituted any of the following
offenses if committed within the State of California.
(1 ) An offense involving conduct which requires
registration pursuant to Section 290 of the Penal
. Code;
(2 ) An offense involving the use of force and violence
upon the person of another that amounts to a
felony;
(3 ) An offense involving sexual misconduct with
children;
(4) An offense as defined in Sections 315, 316, 318,
647 (b) or 647b of the Penal Code of the State of
California; or
(d) That, for any other reason, the operation as proposed
would be detrimental to the public peace, health,
safety, morals or welfare or to neighboring property.
Section 13 : REVOCATION OF PERMIT. The Chief of Police shall
revoke a permit issued pursuant to the provisions of this
ordinance if:
(a) He subsequently determines that facts exist which, under
the provisions of Section 12, would have required denial
of the permit at the time of application; or
(b) Subsequent occurrences create a situation which, under
the provisions of Section 12, would have required denial
of the permit had the situation existed at the time of
application; or
(c) A masseur or masseuse permit previously issued to any
employee of, or other person engaged in, the operation
is revoked pursuant to the provisions of Section 19 of
this ordinance, for any act known to, and consented to
by, any of the persons described in Section 7, 8 or 9.
Consent to such act shall be conclusively presumed if
the person having committed such act is permitted to
continue to be employed or engaged in the operation
subsequent to the time that knowledge of the occurrence
of such act is acquired by any of the persons described
in Sections 7, 8 or 9.
Notice of revocation of the permit shall be given in writing to
the permittee by the Chief of Police. The permittee shall cease
all operations under the permit within ninty-six (96) hours of
delivery of said notice, unless a notice of appeal is filed
pursuant to the provisions of Section 14.
Section 14: APPEAL. An applicant or permittee may appeal any
action or determination of the Chief of Police under the
provisions of this ordinance to the City Manager pursuant to the
provisions of Section 7 (a) , (c) and (d) of Ordinance No. -86
by filing written notice thereof with the City Clerk not later
than ninety-six (96 ) hours after the delivery of any written
notice given by the Chief of Police. The effect of revocation of
a permit shall be suspended by the filing of a notice of appeal
until the determination of the appeal by the City Manager .
Section 15: MAILED NOTICE. Any notice mailed pursuant to the
provisions of this ordinance shall be deemed delivered twenty-four
(24) hours after its deposit in a post office or mailbox.
Section 16: MASSEUR OR MASSEUSE PERMIT: APPLICATION PROCEDURE.
An application for a masseur or masseuse permit shall be submitted
to the Chief of Police on forms provided by him. Such forms shall
require submission of the following information:
(a) The name and residence address of the applicant;
(b) The name and address of the recognized school attended,
the dates attended and a copy of the diploma or
certificate of graduation awarded the applicant showing
the applicant has completed not less than one hundred
(100 ) hours of instruction, at least seventy-five (75)
hours of which shall be classroom instruction;
(c) All the information required by subdivisions (b) through
(k) of Section 7.
I
Section 17 : ISSUANCE OR DENIAL OF PERMIT. The Chief of Police
shall , within twenty ( 20 ) days after receipt of an application
complying with the all the provisions of this ordinance, issue a
permit or deliver to the applicant, personally or by mail, written
notice of denial of the permit, setting forth the reason or
reasons therefor, in accordance with the provisions of Section 18. -
Section 18: GROUNDS FOR DENIAL OF PERMIT. The Chief of Police
shall deny the permit if he finds :
(a) That any information contained in or submitted with the
application is not true; or
(b) That the applicant has been convicted of any of the
offenses listed in Section 12(c) hereof or convicted of
an offense without the State of California that would
have constituted any of such offenses if committed
within the State of California.
Section 19: REVOCATION OF PERMIT. The Chief of Police shall
revoke a permit issued pursuant to the provisions of this Article
if:
(a) He subsequently determines that facts exist which, under
the provisions of Section 18, would have required denial
of the permit at the time of application; or
(b) Subsequent occurrences create a situation which, under
the provisions of Section 18, would have required denial
of the permit had the situation existed at the time of
application.
Notice of revocation of the permit shall be given in writing to
the masseur or masseuse by the Chief of Police. The masseur or
masseuse shall cease all operations under the permit within
ninety-six (96 ) hours of delivery of said notice, unless a notice
of appeal is filed pursuant to the provisions of Section 14.
Section 20: FACILITIES NECESSARY. No permit to conduct a
massage establishment shall be issued unless an inspection reveals
that the establishment complies with the requirements of the
construction codes set forth in City ordinances, and each of the
following minimum requirements :
(a) Construction of rooms used for toilets, tubs, steam
baths, and showers shall be made waterproof with
approved waterproofed materials.
(b) For toilet rooms, toilet room vestibules and rooms
containing bathtubs, there shall be a waterproof floor
covering, which will be carried up all walls to a height
of at least six (6) inches . Floors shall be coved up on
base with at least 3/4 inch cover . The walls of all
toilet rooms and rooms containing bathtubs shall be
finished to a height of six (6) feet with a smooth,
non-absorbent finish surface of Keene cement, tile, or
similar material .
(c) Steam rooms and shower compartments shall have
waterproof floors, walls and ceilings. .
(d) • Floors of wet `and dry heat • rooms shall be adequately.-.
pitched to one (1 ) or more floor drains properly :`
connected to -the sewer. (Exception: dry heat rooms ,•
with wooden floors need not be provided with,pitched :
floors and floor. drains . )
(e) A source of hot water must be available within the
immediate vicinity of dry and wet heat rooms to
facilitate cleaning.
(f) Separate toilet facilities for each sex shall be
provided in convenient locations. All toilet facilities
shall be equipped with self-closing doors opening in •the
direction of ingress to such facilities. Toilets• shall
be designated as to the sex accommodated therein.
(g) Lavatories or wash basins provided with both hot and
cold running water shall be installed in either the
toilet room or the vestibule. Lavatories or wash basins
shall be provided with soap in a dispenser and with
sanitary towels.
(h) All portions of massage establishments and baths shall
be provided with adequate light and ventilation by means ,
of windows or skylights with an area of not less than
one-eighth (1/8th) of the total floor area, or shall be
provided with approved artificial light and a
mechanical operating ventilating system. When windows
or skylights are used for ventilations, at least
one-half (1/2 ) of the total required window area shall
be operable.
To allow for adequate ventilation, cubicles, rooms, and
areas provided for patrons' use not served directly by a
required window, skylight, or mechanical system of
ventilation 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.
All electrical appliances used in the operation of the
establishment shall comply with the provisions of City
ordinances.
Section 21 : OPERATING REQUIREMENTS.
(a) Every portion of a massage establishment, including
appliances, apparatus, and personnel shall be kept clean
and operated in a sanitary condition.
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(b) All masseurs, masseuses and employees shall be clean and
wear clean outer garments whose use is restricted to the
massage establishment. Such garments shall cover
completely the buttocks, genitals and pubic ;hair, and,
in the case of females, all portions of the breasts
below the uppermost part of the aureolae of the
nipples. Provision of a separate dressing room for each
sex must be available on the premises with individual
lockers for each employee. Doors to such dressing rooms
shall open inward and shall be self-closing.
(c) All massage establishments shall ,be provided with clean,
laundered sheets and towels in sufficient quantity and
shall be laundered after each use thereof and stored in
an approved, sanitary manner. No towels or sheets shall
be laundered or dried in any massage establishment
unless such establishment is provided with approved
laundry facilities for such laundry and drying.
Approved receptacles shall be provided for the storage
of soiled linens and paper towels.
(d) Wet and dry heat rooms, shower compartments, and toilet
rooms shall be thoroughly cleaned each day the business
is in operation. Bathtubs shall be thoroughly cleaned
after each use .
Section 22: DAILY REGISTER. Every permittee shall keep a daily
register, approved as to form by the Chief of Police, of all
patrons, with names, addressses and hours of arrival and the rooms
or cubicles assigned, if any. Said daily register shall at all
times during business hours be subject to inspection by the Chief
of Police or Health Officer or their representatives, and shall be
kept on file for one (1 ) year .
Section 23: INSPECTION. Every permittee operating a massage
establishment shall allow inspection thereof during business hours
by the Chief of Police or the Health Officer or their
representatives.
Section 24: ADVERTISING. No massage establishment granted a
permit under the provisions of this ordinance shall place, publish
or distribute or cause to be placed, published or distributed any
advertising matter that depicts any portion of the human body that
would reasonably suggest to prospective patrons that any service
is available other than those services described in Section 1 (e)
nor shall any massage establishment indicate in the text of such
advertising that any service is available other than those
services described in Section 1 (e) .
Section 25 : LOCKABLE CUBICLE. No massage may be carried on
within any cubicle, room, booth or any area within a massage
establishment, which is fitted with a door capable of being
locked.
Section 26: UNLICENSED MASSEUR OR MASSEUSE. No permittee shall
employ as a masseur or masseuse any person who does not possess a
valid unrevoked and unexpired permit issued pursuant .to the
provisions of this ordinance.
Section 27: EMPLOYMENT OF MINORS . No permittee shall employ
either as a masseur or masseuse or other employee any person under
the age of eighteen (18) years.
Section 28: OUT CALL MASSAGE SERVICES. No person shall engage
in out call massage services.
Section 29: MASSAGE BY CUSTOMER. No customer or client of a
massage establishment shall massage a masseur, masseuse or any
other person within a massage establishment.
Section 30: EXCEPTIONS. The provisions of this Chapter shall
shall not apply to: hospitals, nursing homes, sanitaria, or
persons holding an unrevoked certificate to practice the healing
arts under the laws of the State of California, or persons working
under the direction of any such persons or in any such
establishments, nor shall this ordinance apply to barbers or
cosmetologists lawfully carrying out their particular profession
or business and holding a valid, unrevoked license or certificate
of registration issued by the State of California.
Section 31 . PERMIT FEE. No permit shall be issued hereunder
until the appropriate fee has been paid. The fee for a massage
establishment permit and a masseur or masseuse permit shall be as
established by the City Council by resolution.
Section 32. EFFECTIVE DATE AND POSTING OF ORDINANCE. This
Ordinance shall take effect and be in force thirty (30 ) days from
and after the date of its passage. The City Clerk of the City of
Dublin shall cause this Ordinance to be posted in at least three
(3 ) public places in the City of Dublin in accordance with Section
36933 of the Government Code of the State of California.
PASSED AND ADOPTED by the City Council of the City of Dublin
on this day of 1986, by the following vote:
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk