City of Walnut Creek Regulations

CHAPTER 11. MASSAGE SERVICES

6-11.01 Purpose and Intent.

a. In enacting these regulations the City recognizes that massage is a viable professional field offering the public valuable health and therapeutic services, including, but not limited to, massage, bodywork, and somatic therapies.

b. It is the purpose and intent of the City that the operation of massage establishments and persons offering massage be regulated in the interests of public health, safety, and welfare to provide minimum building sanitation and health standards, to ensure that persons offering massage possess the minimum qualifications necessary to operate such businesses and to perform such services offered, and to ensure that those offering massage services conduct their work in a lawful and professional manner. (§1, Ord. 2066, eff. 2/16/08)

6-11.02 Definitions.

For the purpose of this Chapter, the following words and phrases are defined as follows:

a. "Applicant", in the case of a massage establishment permit, means an individual, or if not an individual, the general partner, chief executive officer, chief advisor, or other person responsible for the ownership and operation of the massage establishment, who applies to obtain a permit under this Chapter. In the case of a massage technician permit, "applicant" means an individual who applies for a permit under this Chapter.

b. "Employee" includes any owner, partner, operator, manager, supervisor or worker, whether paid or not, who renders services of any nature in the operation of a massage establishment.

c. "Massage" means the treatment of the human body by soft tissue manipulation using a variety of manipulative techniques, which may include any method of pressure on, friction against, stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations. This may include body/mind/spirit integration, personal growth, physical or emotional relaxation and the relief of somatic pain or dysfunction. Massage includes acupressure, bodywork and somatic therapies.

d. "Massage establishment" means any establishment wherein massage is given, engaged in or carried on in exchange for consideration of any type, or permitted to be given, engaged in or carried on in exchange for consideration of any type, either as a primary or secondary function.

e. "Massage technician" means any person who administers to another person massage in return for any consideration whatsoever, regardless of whether the massage technician is employed by a massage establishment or is self-employed.

f. "Managing employee" means any employee of a massage establishment who has been designated by the massage establishment permittee to manage the business.

g. "Off-premises massage service" means the administration of massage to another person at any location other than a permitted massage establishment for any consideration whatsoever.

h. "Permit" means a Massage Establishment Permit and/or a Massage Technician Permit.

i. "Permittee" means any person possessing a permit required and issued under this Chapter.

j. "Person" means any individual, partnership, firm, association, joint stock company, corporation, joint venture, or combination of individuals of whatever form or character.

k. "Police Chief" means the Police Chief of the City of Walnut Creek or the Police Chief’s designee.

l. "Recognized school of massage" means a facility that meets minimum standards for training and curriculum in massage and related subjects and that is approved by any of the following:

(1) The Bureau for Private Postsecondary and Vocational Education pursuant to Section 94739 of the Education Code prior to July 1, 2007, and as of the date on which an applicant met the requirements of paragraph (2) of subdivision (b) or subparagraph (A) of paragraph (2) of subdivision (c) of Section 4601.

(2) Department of Consumer Affairs.

(3) An institution accredited by the Accrediting Commission for Senior Colleges and Universities or the Accrediting Commission for Community and Junior Colleges of the Western Association of Schools and Colleges.

(4) A college or university of the state higher education system, as defined in Section 100850 of the Education Code.

(5) A school of equal or greater training that is approved by the corresponding agency in another state or accredited by an agency recognized by the United States Department of Education. (§1, Ord. 2066, eff. 2/16/08)

6-11.03 Permit Requirement.

a. Massage Establishment Permit: Except as otherwise provided in Section 6-11.04 of this Chapter, it shall be unlawful for any person to engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in or upon any premises within the City, the operation of a massage establishment without first having obtained a massage establishment permit issued by the Police Chief pursuant to this Chapter. A separate permit shall be obtained for each separate massage establishment. Any applicant who will not operate a massage establishment and will be providing exclusively off-premises massage services shall also obtain a massage establishment permit.

b. Massage Technician Permit: Except as otherwise provided in Section 6-11.04 of this Chapter, it shall be unlawful for any person to engage in, conduct or carry on the function of a massage technician within the City without first having obtained a massage technician permit issued by the Police Chief pursuant to this Chapter.

c. Provisional Permit: The Police Chief may issue a provisional permit to any applicant, for a period not to exceed six (6) months, if the applicant has not satisfied the training and educational requirements of Section 6-11.05(9) of this Chapter and the applicant shows proof of satisfactory completion of at least one hundred (100) hours of a nonrepetitive curriculum in anatomy, physiology, hygiene, sanitation, and massage theory, history, ethics, and practice from a recognized school of massage.

d. Additional Permits: Permits required under this Chapter shall be in addition to any other license, permit, or requirement required under Federal, State, or City law or regulation. A permit issued under this Chapter does not authorize the permittee to practice massage until the permittee has complied with all business license requirements, zoning/planning requirements, and all other applicable Federal, State, and City laws or regulations. (§1, Ord. 2066, eff. 2/16/08)

6-11.04 Permit Exemptions.

The permit requirements of this Chapter shall not apply to the following persons while engaged in the performance of their duties:

a. Physicians, surgeons, chiropractors, osteopaths, nurses, physical therapists, or acupuncturists who are duly licensed to practice their respective professions in the State.

b. Barbers, beauticians, cosmetologists, and estheticians who are duly licensed under the laws of the State while engaging in practices within the scope of their licenses.

c. Hospitals, nursing homes, sanitariums, or any other health facility duly licensed by the State.

d. Accredited high schools, junior colleges, colleges, or universities whose coaches and trainers are acting within the scope of their employment.

e. Trainers of amateur, semiprofessional or professional athletes or athletic teams while engaging in their training responsibilities for and with athletes; and trainers working in conjunction with a specific athletic event such as road races, track meets, triathlons, biathlons, or similar single occurrence athletic or recreational events.

f. Massage therapists, bodyworkers, bodywork therapists or massage and bodywork therapists if the State enacts legislation providing for the certification of such persons by a State agency, provided that such persons have obtained such certification and provided that the City is preempted from regulating such persons. (§1, Ord. 2066, eff. 2/16/08)

6-11.05 Massage Establishment Permit Application.

a. Each applicant for a massage establishment permit shall file a written application with the Police Chief on a form provided by the Police Chief.

b. Each application shall be accompanied by a nonrefundable fee, in an amount established by resolution of the City Council. The application fee shall be used to defray, in part, the costs of the investigation and report, and is not made in lieu of any other fees or taxes required under this Code. Separate payment, payable by money order to Department of Justice, shall be made to process fingerprints as required by Section 6-11.05(c)(21).

c. Each applicant shall submit the following information in the application under penalty of perjury:

(1) The full, true name of the owner of the massage establishment and any name(s) under which the business will be conducted.

(2) The address where the business is to be conducted (if the business is to be conducted from a fixed place of business) and the owner’s address, if different.

(3) The applicant’s full, true name, including all other names used presently or in the past, title, date of birth, valid California driver’s license number or identification number, social security number, present residence address and telephone number, gender, height, weight, color of hair, and color of eyes.

(4) The applicant’s two (2) most recent street addresses and the dates of residence at each address.

(5) The name, street address, and telephone number of each other business in which the applicant and owner have been employed, managed or owned within the past five (5) years along with the dates of employment, positions held by the applicant, and a contact person at each location. Applicant shall certify that within the five (5) years preceding submission of the application, the owner, operator, manager, and/or responsible managing officer/employee has not:

(a) Had a massage establishment, massage technician, or other similar permit or license denied, suspended, or revoked by the City, or any other Federal, State or local agency;

(b) Engaged in conduct or operated a massage or similar establishment in a manner that would be grounds for denial, suspension, or revocation of a permit under this Chapter; or

(c) Owned or managed a massage establishment or similar establishment where persons required to be licensed were allowed to work without the required license or permit.

(6) A statement of the permit history of the applicant by identifying whether or not such person has ever held a professional or vocational license or permit, other than is required under this Chapter, issued by any agency, board, city, county, territory, or state; the date of issuance of such permit or license; whether or not the permit or license is still in effect; if the permit or license is no longer in effect, whether or not it was revoked or suspended, and if so, the reason(s) therefore. The name and location of the jurisdiction or agency, which suspended or revoked such license, certificate, permit, or other authorization, shall also be included.

(7) A statement whether the applicant intends to personally provide massage services at the business.

(8) (a) An original diploma, original certificate of graduation, or other written proof, including certified sealed transcripts, acceptable to the Police Chief, from a recognized school of massage, which shows satisfactory completion of a nonrepetitive curriculum which shall include at least one hundred (100) hours of formal education and training in massage therapy and/or bodywork, ethics, anatomy, and physiology; or (b) Original documents showing certification pursuant to the National Certification Board for Therapeutic Massage and Bodywork.

(9) Written evidence that the applicant is a member, in good standing, of a State or national professional association devoted to the massage specialty and therapeutic enhancement approach. The organization shall meet the following requirements:

(a) The organization or association has an established code of ethics and has enforcement procedures for the suspension and revocation of membership of persons violating the code of ethics; and

(b) The organization or association is open to members of the general public, meeting the requirements for membership on a regional, Statewide, or national basis, and is devoted to serving the interests of its members, the public, and the profession.

(10) Each applicant for a massage establishment permit who signs a declaration under penalty of perjury that such applicant will not personally engage in the practice of massage is exempt from the educational, certification, and association requirements set forth in this Section.

(11) A statement that within the ten (10) years preceding submission of the application, whether the applicant has been convicted or entered a plea of nolo contendere in a court of competent jurisdiction of any of the offenses listed below. For the purposes of this subsection, "applicant" means the following: an individual if the applicant is an individual; any officers, directors, stockholders holding more than five percent (5%) of the stock of the corporation, or the managing responsible officer, if the applicant is a corporation; and a partner or the managing responsible officer, if the applicant is a partnership.

(a) Conduct which requires registration under California Penal Code section 290.

(b) Conduct which is in violation of California Penal Code section 220, 245.3, 245.5, 261, 264.1, 266(e), 266(h), 266(i), 314, 315, 316, 318, 647(a), 647(b), or 647(d), 653.22.

(c) Crimes that are designated in California Government Code section 51032(b) (specifically related to the establishment and operations of Massage Parlors).

(d) Any other crime involving dishonesty, fraud, deceit, violence, or moral turpitude.

(e) Conspiracy or attempt to commit any of the offenses designated above.

Convictions that have been expunged and convictions under the laws of other jurisdictions which proscribe the same or similar conduct as the crimes designated above shall be reported.

(12) Whether the applicant has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to sections 11225 through 11235 of the California Penal Code, or any similar provisions of law in a jurisdiction outside the State.

(13) The name, street address, telephone number, and date of birth of each massage technician or employee who is or, if known, will be employed at the massage establishment, regardless of the nature of the employment.

(14) The name, street address, and telephone number of any massage business or other like establishment owned or operated by any person whose name is required to be given pursuant to this Section.

(15) Documentation to prove that the applicant has a lawful right to work in the United States. This requirement shall not require the applicant to be a U.S. citizen.

(16) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the state and date of incorporation and the name, residence address, and telephone number of each of its current officers, directors, along with the amount of stock held.

(17) If the applicant is a partnership, the application shall set forth the name, residence street address, and telephone number of each of the partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the County Clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporate applicants shall apply to the corporate partner.

(18) The applicant, if a corporation or partnership, shall designate one of its officers or general partners to act as its responsible managing officer/employee. Such person shall complete and sign all application forms required of an individual applicant under this Chapter and shall, at all times, meet all of the requirements set for permittees by this Chapter.

(19) Two (2) recent, identical, passport-size, color photographs of the applicant. The Police Chief shall have the right to take additional photographs of the applicant.

(20) The fingerprints of the applicant for the purpose of establishing identification. All required fingerprinting fees shall be the responsibility of the applicant. Fingerprinting shall be taken at a place designated by the Police Chief.

(21) If a massage establishment will be conducted from a fixed place of business, the name and street address of the owner and lessor of the real property on which the massage establishment is to be conducted. In the event the applicant is not the legal owner of the property on which the massage establishment is located, the application shall be accompanied by a copy of the lease and an acknowledgment from the owner of the property that a massage establishment will be located on the property.

(22) Proof of massage malpractice insurance in the sum of not less than five hundred thousand dollars ($500,000.00) per massage technician licensed, or to be licensed, at the massage establishment, up to a maximum of one million dollars ($1,000,000.00); this requirement can be satisfied by malpractice insurance being provided in the name of individual massage technicians.

(23) A certified copy of the applicant’s birth certificate or the applicant’s original passport (which will be returned).

(24) Written authorization for the City, its agents, and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and into the background of the applicant and the responsible managing officer/employee of the massage establishment.

(25) Such other identification and information shall be provided as required by the Police Chief, necessary to discover the truth of the matters specified and required in the application. (§1, Ord. 2066, eff. 2/16/08)

6-11.06 Massage Technician Permit Application.

a. Each applicant for a massage technician permit shall file a written application with the Police Chief on a form provided by the Police Chief. Any applicant who will operate a massage establishment or will be providing exclusively off-premises massage services shall also obtain a massage establishment permit.

b. Each application shall be accompanied by a nonrefundable fee, in an amount established by resolution of the City Council. The application fee shall be used to defray, in part, the costs of the investigation and report, and is not made in lieu of any other fees or taxes required under this Code. Separate payment shall be made, payable by money order to Department of Justice, to process fingerprints as required by Section 6-11.05(c)(21). A copy of the receipt for the nonrefundable fee shall accompany the application.

c. Each applicant shall submit the following information and/or document(s) under penalty of perjury:

(1) All information required by Section 6-11.05 of this Chapter, except the following:

(a) Each applicant shall provide only the name, street address, and telephone number of each other business in which the applicant has been employed within the past five (5) years along with the dates of employment, positions held by the applicant, and a contact person at each location;

(b) Each applicant need not provide information as required in Sections 6-11.05(c)(10), (13), (14), (16), (17), (18), (21) and (22); and

(c) Each applicant shall provide written authorization for the City, its agents, and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and into the background of the applicant.

(2) The full name, street address, and telephone number of each business premises in which the massage technician administers massage. (§1, Ord. 2066, eff. 2/16/08)

6-11.07 Application Review.

Upon receipt of an application, the Police Chief shall review the application and supplementary material and may conduct additional investigations to determine if the applicant meets the qualifications for a permit pursuant to this Chapter. The Police Chief shall also refer the application to the Building Division, which shall review the application and inspect the premises to ensure that it will comply with applicable ordinances, including, but not limited to, building, health, and fire safety ordinances. Any modifications in the proposed site that are required to meet City standards shall be completed and all fees shall be paid before the application will be considered for approval by the Police Chief. (§1, Ord. 2066, eff. 2/16/08)

6-11.08 Permit Issuance or Denial.

a. The Police Chief shall issue, conditionally issue or deny the application for a permit within sixty (60) days of receipt of a complete application. When necessary, the Police Chief may extend the time in order to issue or deny the application. The Police Chief may issue a permit on a provisional basis pending completion of the review of the application.

b. The Police Chief shall deny a permit if any of the following circumstances exist:

(1) The application is incomplete and/or required supplementary material is not submitted within thirty (30) days of the date the material is requested;

(2) The applicant does not have sufficient proof of the required educational or certification requirements and association qualifications pursuant to Section 6-11.05(c)(9), unless the applicant is exempt from these requirements as provided in Section 6-11.05(c)(11);

(3) The operation as proposed by the applicant would not comply with all applicable ordinances and laws, including, but not limited to, the City’s building, health, and fire safety ordinances;

(4) The applicant has previously had a massage establishment permit, massage technician permit, or any similar license, certificate, or permit revoked by the City or any public agency during five (5) years preceding the date of the application;

(5) The applicant has made a material misrepresentation in the application or supplementary material submitted with the application;

(6) The applicant has been successfully prosecuted under the Red Light Abatement Act (California Penal Code section 11225 et seq.) or any similar law in another jurisdiction during ten (10) years preceding the date of the application; or

(7) The applicant has been convicted of any of the offenses provided in section 6-11.05(c)(12) during ten (10) years preceding the date of the application.

(8) The name proposed for the massage establishment suggests that any service is available that is prohibited under this Chapter.

c. The Police Chief shall give written notice of the grounds for denial to the applicant personally or by first class mail, postage prepaid, at the address provided in the application. The notice shall advise the applicant of the right to appeal the decision. (§1, Ord. 2066, eff. 2/16/08)

6-11.09 Appeal.

The decision of the Police Chief may be appealed to the City Manager by the applicant through the following procedure:

a. Within thirty (30) days after mailing of the notice of denial, the applicant shall file with the City Manager a written request for an appeal hearing, which states the specific grounds for appeal.

b. As soon as practicable after receiving the appeal, the City Manager shall set a date to hear the appeal, which shall be no less than fourteen (14) days nor more than thirty (30) days from the date the appeal was filed. The City Manager shall give each appellant written notice of the time and place of the hearing at least ten (10) days prior to the date of the hearing, either by causing a copy of the notice to be delivered to the appellant personally or by certified mail addressed to the appellant at the address shown on the appeal. Continuances of the hearing may be granted by the City Manager on request of the appellant for good cause shown, or on the City Manager’s own motion. The hearing shall be informal. At the hearing, the City Manager shall hear the appellant and any relevant witnesses. Upon conclusion of the hearing, the City Manager shall render a decision which shall be final. The City Manager may delegate any of the foregoing duties to his or her designee. (§1, Ord. 2066, eff. 2/16/08)

6-11.10 Permit Duration and Renewal.

a. A permit shall be valid for two (2) years from the date of issuance unless revoked or suspended.

b. A permittee may apply for a renewal of a permit no less than thirty (30) days prior to the expiration of the permit. If an application for renewal has not been received by that time, the permit shall expire upon the expiration date. The Police Chief shall send a notice by United States mail of the need to renew no later than sixty (60) days prior to the expiration of the permit. Any permit issued under this Chapter shall be returned to the Police Chief within forty eight (48) hours of its expiration. No privilege to provide massage shall exist until an application for renewal has been granted. After a permit expires, a new application may be filed.

c. Permits may be renewed every two (2) years by filing an application for renewal under penalty of perjury updating information in the original application provided to the Police Chief, together with a nonrefundable fee in an amount set forth by resolution of the City Council. The application shall also include verification of continued membership, in good standing, of a state or national professional association as described in Section 6-11.05(c)(10) and verification that the permittee has participated successfully in continuing education programs following issuance of the last permit consisting of a minimum of twenty four (24) hours of related coursework, of which a minimum of twelve (12) hours shall be approved by an association pursuant to Section 6-11.05(c)(9)-(10).

d. After investigating the application for renewal, the Police Chief shall, within thirty (30) days of receipt of a complete application, renew the permit if the permittee continues to meet the requirements for the issuance of a permit, and none of the grounds for denial of a permit set forth in this Chapter exist. (§1, Ord. 2066, eff. 2/16/08)

6-11.11 Suspension and Revocation of Permits.

a. The Police Chief may revoke or suspend any permit granted under this Chapter if any of the following are found:

(1) The permittee does not possess the qualifications for the permit as required by this Chapter;

(2) The permittee has been convicted of any violation of any provision of this Chapter;

(3) The permittee has engaged in conduct or operated a massage establishment or has engaged in conduct as a massage therapist in a manner which violates this Chapter, any conditions of the permit, or any of the laws which would have been grounds for denial of the permit;

(4) There is fraud, material misrepresentation, false statement, or omission of a material fact in any application for a permit or in any supplementary material;

(5) An activity authorized in the permit has been conducted in an unlawful manner or in such a manner as to constitute a menace to the health, safety, or general welfare of the public;

(6) Upon a recommendation from the City and/or County officials which states that such business is being managed, conducted, or maintained without regard for public safety or public health; or

(7) The responsible managing officer/employee designated in the permit application is removed from that capacity and the Police Chief is not notified of a new managing officer/employee.

(8) For purposes of this Section, permittee, in the case of a massage establishment, shall include the managing responsible officer or managing employee.

b. Prior to the suspension or revocation of any permit issued pursuant to this Chapter, an informal hearing shall be held by the Police Chief. Written notice of the grounds for the hearing, as well as its time and place, shall be sent by certified mail to the address shown on the application or by hand delivery to the permittee at least fourteen (14) days prior to said hearing, unless a shorter time period is agreed to by the permittee. Written notice of the Police Chief’s decision shall be mailed to the permittee within fourteen (14) days following the hearing. No privilege to provide massage services shall exist from the time written notice is served, pending decision by the Police Chief. Notwithstanding the foregoing, the Police Chief may immediately suspend a permit without a prior hearing if he or she determines that the continued provision of massage services pursuant to the permit constitutes an immediate and significant threat to the public health, safety or welfare. In such a case, the Police Chief shall conduct the foregoing hearing following the suspension. (§1, Ord. 2066, eff. 2/16/08)

6-11.12 Appeal of Revocation or Suspension.

No later than fifteen (15) calendar days after service of notice of revocation, suspension, denial of application, or renewal, the permittee may appeal to the City Manager by the procedure for appeal as set forth in Section 6-11.09(b) of this Chapter. The hearing and notice of the decision shall be given in the same manner as provided in Section 6-11.09(b) of this Chapter. The decision of the City Manager shall be final. (§1, Ord. 2066, eff. 2/16/08)

6-11.13 Burden of Proof.

Unless otherwise specifically prohibited by law, the burden of proof is on the applicant or permittee in any hearing or other matter under this Chapter. (§1, Ord. 2066, eff. 2/16/08)

6-11.14 Permits Nonassignable.

No permit shall be sold, transferred, or assigned by the permittee or by operation of law, to any other person. Any such sale, transfer, or assignment, or attempted sale, transfer or assignment shall constitute an immediate revocation of the permit and the permit shall thereafter be null and void. (§1, Ord. 2066, eff. 2/16/08)

6-11.15 Change of Name or Location, Expansion of Building.

a. No permittee shall operate under any name or conduct any massage establishment under any designation or location not specified in the permit.

b. In the case of any proposed change of name, notification thereof shall be made to the Police Chief within thirty (30) days prior to the change. Any proposed change of name is subject to the approval of the Police Chief.

c. Any proposed change of location of a massage establishment is subject to the approval of the Police Chief, in addition to compliance with all City ordinances and regulations.

d. Prior to expanding the size of a massage establishment, a massage establishment permittee shall obtain the approval of the Police Chief based upon a determination by the Police Chief of whether the expanded establishment will satisfy the requirements of this Chapter.

e. In case of any change of location or expansion of the massage establishment, inspection thereof by the City’s Building Division shall be made as required in this Chapter within thirty (30) days of receipt of the application.

f. Any notification of a proposed change of name or any application for a change of location or expansion of a business shall be accompanied by a nonrefundable fee, in an amount established by resolution of the City Council. (§1, Ord. 2066, eff. 2/16/08)

6-11.16 Display of Permit.

a. The massage establishment permit and a copy of the permit of each and every massage technician employed in the establishment shall be displayed in an open and conspicuous place on the premises.

b. Each massage technician permittee shall be issued a photograph identification badge from the Police Department which shall also serve as a massage technician permit. When visiting a location other than a massage establishment in order to give a massage, each massage technician permittee shall be in possession this badge. (§1, Ord. 2066, eff. 2/16/08)

6-11.17 Facilities and Operating Requirements.

Every massage establishment and every massage technician shall comply with standards established by the Contra Costa County Health Services for such businesses and practitioners and the following facilities and operations requirements:

a. The massage establishment’s premises and facilities shall meet and be maintained in a condition to comply with all applicable code requirements of the City and Contra Costa County, including, but not limited to, those related to the safety of structures, adequacy of the plumbing, lighting, heating, ventilation, waterproofing of rooms in which showers, water or steam baths are used, and the health and cleanliness of the facility.

b. Massage establishments and massage technicians shall at all times have an adequate supply of clean sanitary towels, coverings, and linens. Towels, nondisposable coverings, and linens shall not be used on more than one client, unless they have first been laundered and disinfected. Disposable towels and disposable coverings shall not be used on more than one client. Soiled linens and paper towels shall be deposited in separate receptacles.

c. In the massage establishment, wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bathrooms, tanning booths, whirlpool baths, and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day when the premises are open, with a disinfectant. Bathtubs shall be thoroughly cleaned with a disinfectant after each use. All walls, ceilings, floors, and other physical facilities for the establishment shall be in good repair, and maintained in a clean and sanitary condition.

d. All equipment used in the massage operation shall be maintained in a clean and sanitary condition. Instruments utilized in performing massage shall not be used on more than one client unless they have been sterilized, using standard sterilization methods.

e. Clients of the massage establishment shall be furnished with a dressing room. Dressing rooms will be used only by clients of the same sex at the same time. Dressing rooms need not be separate from the room in which the massage is being performed.

f. Toilet facilities shall be provided in convenient locations near the massage establishment and shall consist of at least one unisex toilet with lavatories or wash basins provided with soap and both hot and cold running water either in the toilet room or vestibule.

g. A minimum of one wash basin for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing of massage services. Soap and sanitary towels shall also be provided at each basin.

h. A list of all massage services available, the price thereof, and the length of time of each massage service shall be posted in an open and conspicuous public place on the establishment’s premises in such a manner that is readily visible by persons entering the establishment. A written list of massage services available and the cost of such services shall also be provided to each patron of an off-premises massage service prior to any massage service being provided. No massage services other than those set forth on the foregoing lists shall be provided. The lists of services and costs shall be written in English in readily understandable language.

i. All payments for massage service provided at a massage establishment, including gratuities or tips, shall be made only in the designated reception area. At least one sign, with lettering not less than one-half inch in height, shall be posted in an open and conspicuous public place on the establishment’s premises in such a manner that is readily visible by persons entering the establishment, stating, "All payments for massage services, including gratuities and tips, shall be made only in the designated reception area." (§1, Ord. 2071, eff. 7/18/08)

j. Every massage establishment and every person providing off-premises massage service shall maintain a written record of the date and time of each massage service provided; the name of each patron and the service received; and the name of the massage therapist providing the service. The written records shall be kept on the premises and shall be open to inspection by the City. The records shall be retained for a period of at least two (2) years.

k. All massage therapists and all other employees of a massage establishment shall remain fully clothed in clean outer garments while in public areas of the massage establishment and while performing massage services, including off-premises massage services. At a minimum, such clothing shall be made of non-transparent material and shall not permit exposure of the buttocks, genital area or breasts of any employee.

l. The managing employee of a massage establishment and any off-premises massage service shall keep a complete and current list of the names and residence address of all managing employees and massage therapists employed by or contracting with the massage establishment. This list shall be kept on the premises of the massage establishment or the business office of the off-premises massage service and shall be available for inspection at any time during business hours by the Chief of Police.

m. No electrical, mechanical or other devices of any kind shall be used by the owner, operator, managing employee or massage therapist of the massage establishment or off-premises massage service for audio and/or video recording or for monitoring the performance of a massage, or the conversation or other sounds in the massage cubicle, booth, room or other massage area, without the express written consent of the patron. No massage cubicle, booth, room or other massage area may be fitted with a two-way mirror, audio and/or video recording equipment, or any other recording, eavesdropping or monitoring device or equipment. 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.

n. Massage services shall not be made available to patrons 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 Chapter. Massage services shall not be given in any room or area 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 at the establishment must hold a valid massage therapist permit. (§1, Ord. 2066, eff. 2/16/08)

6-11.18 Prohibited Conduct.

a. Massage shall be provided or given only between the hours of six o’clock (6:00) A.M. and eleven o’clock (11:00) P.M. No massage establishment shall be open and no client shall be in the establishment between eleven o’clock (11:00) P.M. and six o’clock (6:00) A.M.

b. No alcoholic beverages shall be sold, served, furnished, kept, consumed, or possessed on the premises of any massage establishment.

c. No owner, manager, operator, responsible managing employee, or permittee shall permit, and no massage technician contractor shall offer or perform, any service other than those permitted under this Chapter.

d. No permittee or employee of a massage establishment shall:

(1) Expose the sexual or genital part of the permittee/employee in the course of a massage; or

(2) Touch or expose the sexual or genital part of any other person in the course of a massage. Sexual and genital parts shall include the genitals, pubic area, anus, and perineum of any person and the breasts of any female.

e. No permittee or employee of a massage establishment 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 customers that any service is available that is prohibited under this Chapter nor shall any massage establishment employ language in any advertising text or business name that would reasonably suggest to a prospective client that any service is available that is prohibited under this Chapter.

f. While on the premises of a massage establishment or while otherwise performing massage services, a massage therapist shall not use or give as his/her own, any name other than that specified on the massage therapist’s permit.

g. Condoms shall not be furnished or stored at any massage establishment.

h. Massage therapists shall not be under eighteen (18) years of age. (§1, Ord. 2066, eff. 2/16/08)

6-11.19 Cease of Business.

If at any time during the duration of a permit issued under this Chapter a permittee ceases to do business as a massage establishment and/or a massage technician, the permittee shall:

a. Return any permit issued under this Chapter to the Police Chief within five (5) business days; and

b. Notify the Business License Department. (§1, Ord. 2066, eff. 2/16/08)

6-11.20 Inspection.

As a condition of the massage establishment permit, any and all investigating officials of the City shall have the right to enter massage establishments or off-premises massage service business offices during regular business hours to conduct reasonable inspections and observe and enforce compliance with the provisions of this Chapter, as well as any other applicable requirements, including, but not limited to, building, fire, zoning and health requirements. (§1, Ord. 2066, eff. 2/16/08)

6-11.21 Responsibility of Employer.

It shall be the responsibility of the massage establishment permittee who has employed any person acting or purporting to act as a massage technician or the employer of any person acting or purporting to act as a massage technician to ensure that such person complies with the requirements of this Chapter. (§1, Ord. 2066, eff. 2/16/08)

6-11.22 Enforcement.

Any person who violates any provision of this Chapter shall be deemed guilty of a misdemeanor or an infraction.

a. If charged as an infraction, the penalty upon conviction of such person shall be a fine as set forth in section 1-2.01 of the Walnut Creek Municipal Code.

b. If charged as a misdemeanor, the penalty upon conviction of such person shall be imprisonment in the county jail for a period not to exceed six months, or by a fine not exceeding $1,000, or by both such fine and imprisonment. (§1, Ord. 2066, eff. 2/16/08)