Chapter 5.09 MASSAGE ESTABLISHMENTS

This chapter is enacted pursuant to Chapter 6, Part 1 of Division 1 of Title 5 of the Government Code of the state (commencing with Section 51030) with recognition of the limitations imposed by Chapter 10.5 of Division 2 of the Business and Professions Code of the state (commencing with Section 4600). (Ord. 802 § 1 (part), 2017).

5.09.030 Definitions.

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter:

“Accessory massage establishment” means a certified massage establishment located within a hotel, beauty salon, day spa, athletic club, chiropractor’s office, doctor’s office, physical therapy office, or yoga or Pilates studio where revenue from massage services is less than fifty percent of the total revenue of the hotel, beauty salon, day spa, athletic club, chiropractor’s office, doctor’s office, physical therapy office, or yoga or Pilates studio.

“Applicant” means an applicant for a massage establishment permit.

“California Massage Therapy Council” means the massage therapy organization formed pursuant to California Business and Professions Code Section 4600 et seq., as amended, and referred to as CAMTC herein.

“Certified massage establishment” means any establishment where the only persons employed or used by that establishment to provide massage services have current and valid state certifications, and the owner has a current massage establishment permit, and all practitioners and owners have business licenses.

“Certified massage practitioner” means any person holding a current and valid state certificate issued by the CAMTC pursuant to California Business and Professions Code Section 4600 et seq., as amended, whether as a massage practitioner or massage therapist, as defined therein.

“City manager” means the city manager of the city of Patterson, or designee.

“Communication device” means any video or other type of camera device that is either freestanding or is temporarily or permanently mounted to a fixed surface indoors or outdoors.

“Independent stand-alone massage establishment” means any certified massage establishment where revenue from massage services exceeds fifty percent of the massage establishment’s total revenue.

“Massage” means the scientific manipulation of the soft tissues.

“Massage establishment permit” means a permit issued by the city manager upon submission of satisfactory evidence as required in Section 5.09.050.

“Massage establishment permit holder” means a person or establishment that has been issued a massage establishment permit by the city manager.

“Owner” or “operator” means any and all owners of a massage establishment including any of the following persons: the managing responsible officer/employee, a general partner, a limited partner, a shareholder, or a sole proprietor, or any person who has a five percent or greater ownership interest in a massage business whether as an individual, corporate entity, limited partner, shareholder or sole proprietor.

“State certification” or “state certificate” means a valid and current certification properly issued by CAMTC pursuant to California Business and Professions Code Section 4600 et seq., as amended. (Ord. 802 § 1 (part), 2017).

5.09.040 State certification and city massage establishment permit required.

A. It is unlawful for any establishment to provide massage services within the city unless the massage establishment has obtained a massage establishment permit from the city and all individuals providing massage at said massage establishment are state certified massage practitioners.

B. Massage establishments shall maintain on the premises, and file at the city, copies of or provide other evidence of the CAMTC certificates held by all massage therapists and massage practitioners and all persons providing massage therapy at that business or establishment. (Ord. 802 § 1 (part), 2017).

5.09.050 Certified massage establishment—Permit required.

A. Any person desiring to own or operate an establishment to provide massage services within the city shall file a massage establishment permit application on forms provided by the city manager, or designee, submitted under penalty of perjury and containing all of the following information:

1. State Certification Verification and Applicant Information.

a. A certified massage establishment applicant/owner shall produce:

i. A valid and current driver’s license and/or identification card issued by a state or federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government;

ii. A statement that the proposed massage establishment shall employ only certified massage practitioners along with copies of valid and current state certificates for all massage practitioners who will provide massage services at the massage establishment and copies of their current and valid CAMTC issued identification cards;

iii. Acceptable proof that the applicant and all certified massage practitioners employed or who will be employed by the massage establishment are at least eighteen years of age;

iv. Applicant’s current address and telephone number;

v. Applicant’s business, occupation, and employment related to other massage establishments, including the name and address of any massage establishment or other like establishment owned or operated by any applicant including, but not limited to, history, if any, with any agency, board, city, county, territory, or state; and dates of issuance, denial, restriction, revocation, or suspension, and the reasons therefor, of any individual or establishment permit; and

vi. Fingerprints, subject to a fee to cover actual costs, to submit to Department of Justice through LiveScan or equivalent, and may submit additional fee to cover the actual costs for subsequent arrest notice for renewal applications, to determine whether the applicant has any of the following:

(A) All convictions for any crime involving conduct which requires registration under California Penal Code Section 290 (Sex Offender Registration Act);

(B) Convictions of violations of California Penal Code Sections 266i (pandering), 315 (keeping or residing in house of ill-fame), 316 (keeping disorderly house), 318 (prevailing upon person to visit place for gambling or prostitution), 647(b) (prostitution), 653.23 (supervision of prostitute);

(C) Convictions of any felony offense involving the sale of a controlled substance specified in Section 1104, 11055, 11056, 11057, or 11058 of the California Health and Safety Code;

(D) Convictions of crimes designated in California Government Code Section 51032 (massage—grounds for denial of license), or any crime involving dishonesty, fraud, deceit, violence or moral turpitude;

(E) All injunctions for nuisances under California Penal Code Sections 11225 through 11235 (red light abatement law);

(F) Convictions in any other state of any offense which, if committed or attempted in this state, would have been punishable as one or more of the referenced offenses of this subsection;

(G) Conspiracy or attempt to commit any such offense described in subsections (A)(1)(a)(vi)(A) through (F) of this section;

vii. If the city finds that an applicant’s background check results in a finding that the city determines is relevant to owning or operating a massage establishment, the city may regulate that establishment in any manner it deems proper that is in accordance with the law.

2. General Establishment Information.

a. The establishment name, proposed establishment address, and telephone number of the massage establishment.

b. The name and permanent address of the owner of the property upon which the applicant intends to locate the massage establishment.

c. In the event the applicant is not the owner of record of the real property upon which the massage establishment is or will be located, the application must be accompanied by a notarized statement from the owner of record of the real property acknowledging that a massage establishment is or will be located on the property. In addition, the applicant must furnish a copy of the lease or rental agreement pertaining to the premises in which the massage establishment will be located.

d. The applicant shall provide the name and permanent address of the owner of the property at which the applicant intends to locate the massage establishment. If the property owner is a corporation, the application shall include the name of the corporation exactly as shown in its articles of incorporation or charter together with the state and date of incorporation and the names and residence addresses of each of its current officers and directors, and of each stockholder holding more than five percent of the stock of that corporation, and its registered agent for receipt of process. The applicant shall provide the address of the corporation itself, if different than the address of the massage establishment. If the property owner is a partnership, the application shall set forth the name and residence address of each partner, including limited partners. If the property owner 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.

e. The name(s) of person(s) having the management or supervision of the applicant’s establishment.

f. Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application.

g. A description of all services to be provided by the applicant’s proposed massage establishment.

h. Name and address of any massage establishment or other like establishment owned or operated by any person whose name is required to be given pursuant to this section.

3. Corporate Information.

a. If the applicant is a corporation, the application shall include the name of the corporation exactly as shown in its articles of incorporation or charter together with the state and date of incorporation and the names and residence addresses of each of its current officers and directors, and of each stockholder holding more than five percent of the stock of that corporation, and its registered agent for receipt of process. The applicant shall provide the address of the corporation itself, if different than the address of the massage establishment.

b. If the applicant is a partnership, the application shall set forth the name and residence address of each partner, including limited 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.

c. The applicant, 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. The corporation’s or partnership’s responsible managing officer must, at all times, meet all of the requirements set by this chapter or the corporation or partnership permit shall be suspended until a responsible managing officer who meets such requirements is designated. If no such person is found within ninety calendar days, the corporation or partnership permit is deemed canceled and a new application for a massage establishment permit must be filed.

4. Authorization for the city of Patterson, 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.

5. A certificate of compliance from the health officer for the city of Patterson (as designated by the city manager) that certifies that the premises of the massage establishment will meet all applicable codes and regulations must be submitted prior to application approval.

6. Zoning consistency check in writing from city’s community development department. A zoning consistency check does not confer or authorize any entitlement to a use permit or building permit or similar, which process, if applicable, is separate from the massage establishment permit process.

7. A signed statement that the owner/applicant shall be responsible for the conduct of all employees or independent contractors working on the premises of the establishment and that failure to comply with California Business and Professions Code Section 4600 et seq., with any local, state, or federal law, or with the provisions of this chapter may result in the revocation of the city-issued permit.

B. Upon receipt of the application, the city manager, or designee, shall refer the application to other city departments that shall inspect the premises, if any, proposed to be used as a massage establishment and shall make a written recommendation to the city manager concerning compliance with the respective requirements.

C. The city manager, or designee, shall have up to sixty calendar days after the submission of all required information to complete his or her investigation. (Ord. 802 § 1 (part), 2017).

5.09.060 Certified massage establishment—Location.

A. No independent stand-alone massage establishment shall operate in any zone other than the general commercial and downtown core zones.

B. No accessory massage establishment shall operate in any zone other than the highway service commercial, medical professional, general commercial and downtown core zones. (Ord. 802 § 1 (part), 2017).

5.09.070 Certified massage establishment—Permit issuance.

A. The city manager, or designee, may issue a massage establishment permit to a certified massage establishment that demonstrates all of the following:

1. That the operation, as proposed by the applicant, if permitted, complies with all applicable laws, including, but not limited to, the city’s building, zoning, business license, and health and safety regulations.

2. The application is complete.

3. The applicant has not engaged in or been complicit in any activity or inactivity that would lead to suspension or revocation of a massage establishment permit as set forth in this chapter within five years preceding the application.

4. The massage establishment employs or uses only state certified massage practitioners whose certifications are valid and current and that owners of the state certificates are the same persons to whom CAMTC issued valid and current identification cards.

5. That the applicant has not made a material misrepresentation in this application or with respect to any other document or information required by the city with respect to this application or for an application for a city massage permit under applicable law within the last five years.

6. That the background check for any applicant/owner authorized by this chapter shows that such person has not been required to register under the provisions of Section 290 of the California Penal Code; within five years preceding the application had a conviction in court of competent jurisdiction for any of the crimes identified in Section 5.09.050(A)(1)(a)(vi)(B) through (G); has not had an individual or establishment permit or license with any agency, board, city, county, territory, or state denied, revoked, restricted, or suspended within the last five years; and has not been subject to an injunction for nuisance under Penal Code Sections 11225 through 11235 within the last five years.

B. If the application is denied, the city manager, or designee, shall promptly give the applicant written notice thereof and the findings for such denial. The applicant may submit a written request for reconsideration with the city manager within ten calendar days of the date of the city manager’s written notice of denial. The request for reconsideration shall be accompanied by a fifty dollar filing fee, or other amount as established from time to time by city council resolution. Upon receipt of the written request, the city manager shall reconsider the application together with any new records, documents, or information presented by the applicant, or discovered by the city. The city manager’s decision on the reconsideration shall be final. (Ord. 802 § 1 (part), 2017).

5.09.080 Massage establishment permit application fee.

A massage establishment permit application fee shall be set by resolution of the city council and shall be required for all applicants. (Ord. 802 § 1 (part), 2017).

5.09.090 Business license.

All applicants shall obtain a business license where required by the city’s business license provisions. The issuance of a massage establishment permit is a condition precedent to the granting of such a business license. Upon the issuance of a massage establishment permit pursuant to this chapter, the applicant shall apply for and furnish the information necessary to obtain a business license as required by the provisions of this code. No business license shall be issued until the massage establishment permit has been issued and the business license fee, as provided in this code, has been paid. (Ord. 802 § 1 (part), 2017).

5.09.100 Notification of changes.

Every massage establishment permit holder shall report in writing to the city manager, or designee, any and all changes of address or ownership of the massage establishment, and any changes or transfers of massage practitioners employed in the establishment or practice within thirty calendar days of said change(s). (Ord. 802 § 1 (part), 2017).

5.09.110 Massage establishment permit expiration and renewal.

A. Massage establishment permits shall be valid for two years from issuance or as extended pursuant to this chapter.

B. The city massage establishment permit shall be renewed in accordance with the expiration schedule set forth in this section.

C. If a massage establishment permit holder wishes to renew such permit prior to its expiration, he or she must apply to the city to renew such permit within fifteen calendar days prior to expiration.

D. If a renewal application and all required information for the renewal are not received upon expiration, the massage establishment permit shall be deemed expired and no privilege to provide massage services in Patterson shall exist. Renewals shall be processed and investigated and the applicant is required to submit that information which has changed from the last application or renewal. (Ord. 802 § 1 (part), 2017).

5.09.120 Revocation or suspension of massage establishment permit.

A. Massage establishment permits issued to a certified massage establishment shall be suspended or revoked by the city manager or designees upon any of the following grounds:

1. The massage establishment permit holder has been arrested or filing of charges of a crime that would have caused denial of the massage establishment permit.

2. The massage establishment permit holder has made a material misrepresentation on the application for massage establishment permit or renewal.

3. The massage establishment permit holder has engaged in conduct or operated the certified massage establishment or as a massage practitioner in a manner which violates any of the provisions of this chapter, any conditions of the permit, or any of the laws which would have been grounds for denial of the permit. A massage therapist or massage practitioner employed by the massage establishment has been arrested for violating the provisions of Section 647(a) and (b) of the California Penal Code, or any other state law involving a crime of moral turpitude, or the premises for which the permit was issued is being operated in an illegal or disorderly manner, and such practices shall constitute in immediate suspension and/or revocation of certificate of registration.

4. The massage establishment permit holder employs or uses one or more noncertified massage practitioners to perform massage services.

5. Violations of this chapter or of California Business and Professions Code Section 4600 et seq. have occurred on the establishment premises.

6. The massage establishment permit holder has failed to comply with one or more of the zoning, business license, or health and safety requirements under this chapter.

7. The massage establishment permit holder has engaged in fraud, misrepresentation, or false statements in obtaining or maintaining a massage establishment permit.

8. There is an urgency of immediate action to protect the public from injury or harm.

9. Upon receipt of notification of suspension from the California Massage Therapy Council.

B. The term of suspension shall be not more than sixty calendar days.

C. The suspension or revocation shall be effective immediately by the city manager.

D. If a massage establishment permit is suspended or revoked, the suspension shall be effective immediately by the city manager or designees. Such suspension shall be accomplished by posting a notice thereof on the premises. Such notice shall state the reasons for the suspension. The city manager or designees shall direct or cause the premises to be closed and locked against use by the public in order to insure compliance with an order of suspension. The aggrieved party may pursue a subsequent appeal or hearing by following the procedures set forth in this chapter.

E. It is unlawful for any person to conduct the business of a massage establishment or carry on the business of massage while the massage establishment permit remains suspended or revoked pending a hearing.

F. Any massage establishment permit or certificate of registration for a massage business existing at the time the ordinance codified in this chapter is adopted may be revoked or suspended as provided in this chapter. (Ord. 802 § 1 (part), 2017).

5.09.130 Suspension or revocation notice.

A. Notice shall be given to the massage establishment permit holder by letter stating the grounds for proposed revocation or suspension. Notice shall be given by personal service or certified, registered, or first class mail of the letter to the address shown on the last application or renewal as provided in Section 1.32.090 (Service of notices).

B. If the massage establishment permit is suspended or revoked, the massage establishment permit shall be surrendered.

C. Service shall be deemed complete when personal service is made or when the notice letter is delivered by certified, registered, or first class mail. (Ord. 802 § 1 (part), 2017).

5.09.140 Appeal from revocation, suspension.

The decision of the city manager to suspend or revoke a massage establishment permit may be appealed by the massage establishment permit holder in accordance with the following procedures:

A. All appeals shall be in writing and shall contain the following information: (1) name(s) of the person filing the appeal (appellants); (2) a brief statement in ordinary and concise language of the grounds for the appeal; and (3) the signatures of all parties named as appellants and their mailing addresses.

B. A filing fee for an appeal of one hundred dollars, or other amount as established from time to time by city council resolution, must be paid to the city at or prior to the time of the filing of the appeal.

C. Any appeal filed that fails to provide all of the information required by this section and the appropriate filing fee shall be deemed incomplete.

D. A complete and proper appeal of the suspension or revocation of a massage establishment permit shall be filed with the city clerk within ten calendar days of service of the letter revoking or suspending the massage establishment permit or within ten calendar days of any other action that is the subject of appeal.

E. After receiving the written appeal, the city clerk shall schedule a hearing before the city council. The city council may refer the matter to a hearing officer. The city council may decide the matter based on the recommendations and findings of the hearing officer, if it so chooses.

F. The decision of the city council or hearing officer shall be final. (Ord. 802 § 1 (part), 2017).

5.09.150 Reapplication after denial or revocation.

No reapplication for a massage establishment permit will be accepted within two years after an application or renewal is denied or a massage establishment permit is revoked. If the application or renewal is denied for the sole reason that the application or renewal application is incomplete, reapplication may occur to complete the application or renewal application; however, an additional application fee will be charged per each submitted application. If an application is denied for the sole reason that a massage practitioner does not possess the required training, reapplication may occur when the required training is completed. (Ord. 802 § 1 (part), 2017).

5.09.160 Inspection by city and notices of violation.

A. The city shall have the right to enter the premises from time to time during regular business hours prior to the issuance of a massage establishment permit and subsequently for the purpose of making reasonable inspections to enforce compliance with this chapter and with building, fire, electrical, plumbing, and/or health and safety regulations. In the event a massage establishment permit has been issued, it may be revoked or suspended in the manner set forth in this chapter. It is unlawful for any massage establishment owner/operator to fail to allow code compliance or police officers into the premises or hinder such officers in any manner. During an inspection, code compliance and police officers may also verify the identity of the owner(s) and all employees.

B. Whenever city officials make an inspection of a massage establishment and find that any provision of this chapter has been violated, he or she shall give notice of such violation by means of an inspection report or other written notice as outlined in Chapter 1.40. In any such notification, the investigating person shall:

1. Set forth the specific violation or violations found, and shall notify the massage establishment permit holder that failure to comply with any notice issued in accordance with the provisions of this chapter may result in the revocation or suspension of the massage establishment permit.

2. The massage establishment permit holder may be issued a warning that any future violation of this chapter may result in suspension or revocation of the massage establishment permit, or the city officials may establish a specific and reasonable period of time for the correction of the violation or violations.

3. The massage establishment permit holder and operator shall take immediate action to correct violations and city officials may reinspect the establishment for compliance. Failure to correct said violations may result in administrative citations as set forth in Chapter 1.44.

4. When dealing with matters of health and safety and/or criminal law violations, city officials shall take the appropriate steps to address them immediately. No time to correct need be given for health and safety violations or violations of criminal law. (Ord. 802 § 1 (part), 2017).

5.09.170 Transfer of massage establishment permit.

A massage establishment permit shall not be transferable except with the written approval of the city manager. A written application for such a transfer shall be made to the city manager. The application for such transfer shall contain the same information as required herein for an initial application for a massage establishment permit as set forth in Section 5.09.050. In the event of denial of such transfer, notification of and reasons for denial shall be set forth in writing and shall be sent to the applicant by means of registered or certified mail or delivered in person. (Ord. 802 § 1 (part), 2017).

5.09.180 Special events notification required.

When extra massage practitioners are required for a special event at or organized by a certified massage establishment, the owner, manager, or operator of the establishment must supply the city with a list of certified massage practitioners who will be working at the event, copies of their certificates of registration, and any other information the city may reasonably require, not less than two weeks before the date of the event. (Ord. 802 § 1 (part), 2017).

5.09.190 Exemptions.

The provisions of this chapter shall not apply to the following classes of persons or establishments while engaged in the performance of their duties:

A. Physicians, surgeons, chiropractors, osteopaths, acupuncturists, nurses or physical therapists duly licensed to practice their respective professions in the state of California and working within the scope of their licenses.

B. Barbers, cosmetologists, aestheticians, and manicurists who are duly licensed under the laws of the state of California while engaging in practices within the scope of their licenses, except that this provision shall apply solely to the massaging of the neck, face, hands and feet, and/or scalp of the customers, and this exception shall not apply to full body work or full body massage. Further, this provision shall apply solely to businesses that generate less than fifty percent of their gross revenue from full body work or full body massage.

C. Hospitals, nursing homes, sanatoriums, or any other health facilities duly licensed by the state of California.

D. Accredited junior colleges and 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 an outdoor road or bike race.

F. Health clubs, health spa, gymnasium, or other similar facility designed or intended for general physical exercise or conditioning in which the furnishing of full body work or full body massage generates less than fifty percent of the establishment’s gross revenue. However, persons performing massage services shall obtain a state certification and city massage establishment permit in conformance with this chapter. (Ord. 802 § 1 (part), 2017).

5.09.200 Health and safety requirements—Building requirements.

All premises of certified massage establishments shall be subject to periodic inspection by the city for compliance with health, safety, and building standards and all such establishments shall comply with, in addition to zoning and building codes, the following requirements:

A. A recognizable and readable sign shall be posted at the main entrance of each massage establishment identifying the establishment as such establishment; provided, that all such signs shall comply with the sign regulations of the city.

B. The owner or operator of each massage establishment shall display the massage establishment permit issued to the establishment and to each massage practitioner employed in the establishment in an accessible and conspicuous place on the premises. Certified massage practitioners shall have their original state certificate at their place of business and their identification card in their possession while providing massage services.

C. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the fire department and building department regulations and standards.

D. All building openings, entries, windows, etc., shall be located, covered or screened in such a manner as to prevent a view from the outside of the building into dressing rooms, treatment rooms, restrooms, and other areas where patrons of the establishment may not be fully dressed.

E. Lighting in parking lots shall be in compliance with Chapter 18.76.

F. Construction of rooms used for toilets, baths and showers shall be made waterproof with approved waterproofed materials and shall be installed in accordance with the current building code. Plumbing fixtures shall be installed in accordance with the current plumbing code:

1. Steam rooms and shower compartments shall have waterproof floors, walls and ceilings approved by the city.

2. Floors of wet and dry heat rooms shall be adequately pitched to one or more floor drains properly connected to the sewer. Dry heat rooms with wooden floors need not be provided with pitched floors and floor drains.

3. A source of hot water must be available within the immediate vicinity of dry and wet heat rooms to facilitate cleaning.

G. Hot and cold running water under pressure from a potable source shall be provided to all washbasins, bathtubs, showers, and similar facilities. Each water basin shall be provided with soap or detergent and single-service towels placed in permanently installed dispensers. A trash receptacle shall be provided in each room where such facilities are located.

H. Provide minimum lighting in accordance with the current building code, and, in addition, at least one artificial light of not less than forty watts shall be provided in each enclosed room where massage is being administered.

I. Floors shall be free from any accumulation of dust, dirt, or refuse.

J. One front door shall be provided for patron entry to the massage establishment, which shall open to an interior patron reception and waiting area immediately inside the front door. All patrons and any persons other than individuals employed or retained by the massage establishment shall be required to enter and exit through the front. (Ord. 802 § 1 (part), 2017).

5.09.210 Health and safety requirements—Operating requirements.

A. The hours of operation shall be displayed in a conspicuous public place in the reception area and in any front window clearly visible from outside of the massage establishment.

B. A list of services available and the cost of such services shall be posted in an open and conspicuous public place on the premises. No massage establishment operator shall permit, and no person employed or retained by the certified massage establishment shall offer to perform, any services or fees other than those posted.

C. A record shall be maintained that includes the date and time of each massage, the name of the patron, the name of the person administering such massage, and the type of massage given. Such records will be made available upon request based on good cause, for inspection by the city manager or police chief, or their designees. The information contained in such records shall be confidential.

D. The premises shall have adequate equipment for disinfecting and sterilizing nondisposable instruments and materials used in administering massages. Such nondisposable instruments and materials shall be disinfected after each use on each patron.

E. It is unlawful for any certified massage practitioner or other person to be other than fully clothed in non-transparent clothing at all times that shall not expose their genitals, pubic area, buttocks, or chest or for any operator of a massage establishment to allow or permit prohibited dress.

F. No loudspeakers or sound equipment shall be used by a massage establishment for amplification of sound to a level discernible by the public beyond the walls of the building in which use is conducted.

G. No person shall give, or assist in the giving of, any massage or other body treatment to any other person under the age of eighteen years, unless the parent or guardian of the minor person has consented thereto in writing.

H. No person owning, operating, or managing a massage establishment may employ or use any person under eighteen years of age.

I. Walls, ceilings, floor, pools, showers, bathtubs, water basins, toilets, wet and dry heat rooms, steam or vapor rooms and cabinets and all other facilities shall be maintained in good repair and in a clean and sanitary condition. Showers, water basins, toilets, wet and dry heat rooms, steam or vapor rooms, and cabinets and compartments shall be thoroughly cleaned at least once each day the massage establishment is in operation. Bathtubs shall be thoroughly cleaned after each use.

J. Clean and sanitary towels, sheets and linens shall be provided for each person. No common usage of sheets, towels and linens shall be permitted. Towels, sheets and linens shall be provided in sufficient quantity and shall not be used by more than one person unless such towels, sheets and linens have been relaundered. Separate closed cabinets or containers shall be provided for the storage of clean and soiled towels, sheets and linens, and such cabinets or containers shall be plainly marked “clean linen” and “soiled linen.”

K. Cover pad used on massage tables shall be kept in a workmanlike manner with durable, washable plastic or other waterproof material.

L. All exterior doors shall be unlocked from interior side during business hours, unless the massage establishment is a business entity owned by one individual with one or no independent contractors.

M. No massage establishment granted a massage establishment permit or license under the provisions of this chapter shall place, publish or distribute, or cause to be placed, published or distributed, any advertisement, picture or statement which is known, or through the exercise of reasonable care should be known, to be false, deceptive or misleading in order to induce any person to purchase or utilize any professional massage service.

N. It is unlawful for any massage service to be carried on within any cubicle, room, booth, or any area within a permitted establishment which is fitted with a door capable of being locked, with the exception of certain massage establishments envisioned under subsection L of this section. Toilets and cubicles used solely for the application of liquid and vapor baths shall be clearly marked as to purpose on the exterior door or curtain of said cubicle, room, or booth. Nothing contained herein shall be construed to eliminate other requirements of statute, ordinance or municipal code concerning the maintenance of premises, nor to preclude authorized inspection thereof, whenever such inspection is deemed necessary by the code enforcement, the police or health departments.

O. No permitted establishment shall operate as a school of massage, or operate in the same location, or use the same facilities as that of a school of massage except as otherwise may be provided by law.

P. No person operating a massage establishment shall permit communication devices to be installed or used in any manner on the premises so as to interfere with or hinder inspections by code or law enforcement officers.

Q. No person or persons shall be allowed to live or sleep inside the massage establishment at any time. No part of the establishment shall be altered for residential or sleeping purposes.

R. No person afflicted with an infection or parasitic infestation transmissible to a patron shall knowingly provide massage therapy to a patron, or remain on the premises of a certified massage establishment while so infected or infested.

S. It is unlawful for any certified massage practitioner or other person to massage the genital area of any patron or the breasts of any female patron or for any operator of a massage establishment to allow or permit such massage.

T. If, during the life of a massage establishment permit, the applicant has any change in information concerning the original application, notification must be made to the city manager, in writing, within thirty calendar days of the change.

U. No person shall enter, be, or remain in any part of a massage establishment while in possession of an open container of alcohol, or consuming or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. The owner, operator, responsible managing employee, or manager shall not permit any such person to enter or remain upon such premises.

V. No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises.

W. All signs shall be in conformance with the current sign ordinance of the city of Patterson.

X. It is unlawful for any certified massage establishment or any massage establishment permit holder, owner, operator, or responsible managing officer/employee to violate any of the mandatory requirements of this chapter applicable to massage establishments. (Ord. 802 § 1 (part), 2017).

5.09.220 Violation—Penalties.

A. Unless otherwise exempted by the provisions of this chapter, every person, whether acting as an individual, owner, employee of the owner, operator, or employee of the operators or whether acting as a mere helper for the owner, employee, or operator, or whether acting as a participant or worker in any way, who gives massages or conducts a massage establishment, or who, in connection with the establishment, gives or administers, or practices the giving or administering of, massages as defined in this chapter, without first obtaining state certification and a city massage establishment permit, or who shall violate any provision of this chapter, shall be guilty of a misdemeanor.

B. Any owner, licensee, manager, or massage establishment permit holder in charge or in control of a massage establishment or certified massage establishment who knowingly employs a person who is not in possession of a valid, unrevoked massage establishment permit, or who allows such persons to perform, operate, or practice within such a place of business, shall be guilty of a misdemeanor.

C. Anyone found to have violated any provision set forth in this chapter shall be guilty of a misdemeanor; however, the city attorney may reduce the penalty to an infraction. The penalties for such violations are as set forth in Chapter 5.04.

D. Each violation of this chapter shall constitute a separate violation and each violation may be charged as a separate count in the event of administrative or criminal enforcement action. (Ord. 802 § 1 (part), 2017).

5.09.230 Other remedies.

The provisions of Section 5.09.220 are not to be construed as exclusive remedies and, in the event of violation, the city may pursue any proceedings or remedies otherwise provided by law. (Ord. 802 § 1 (part), 2017).

5.09.240 Conducting a business as a nuisance.

Any massage establishment operated, conducted, or maintained contrary to the provisions of this chapter shall be unlawful and a public nuisance, and the city attorney may in the exercise of discretion, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in a manner provided by law. (Ord. 802 § 1 (part), 2017).