Chapter 5.68 MASSAGE ESTABLISHMENTS

It is the purpose and intent of this chapter to provide for the orderly regulation of the massage business in the City. (Ord. 29 § 1, 1981; CC § 66.502)

5.68.030 Rules and construction.

This chapter shall be construed liberally in order to effectuate its purposes. Unless otherwise specifically prescribed in this chapter the following provisions shall govern its interpretation and construction:

A. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number.

B. The masculine form as used in this chapter applies equally to a female person or a corporation.

C. Time is of the essence in this chapter. No license or permit holder shall be relieved of his obligation to comply promptly with any provision of this chapter by any failure of the City to enforce prompt compliance with any of its provisions except as provided in PMC 5.68.120.

D. Any right or power conferred or duty imposed upon any officer, employee, department or board of the City is subject to transfer by operation of law to any other officer, employee, department or board of the City.

E. No license or permit holder shall have any recourse whatsoever against the City for any loss, cost, expense or damage arising out of any provision or requirement of this chapter or the enforcement thereof.

F. This chapter does not relieve any license or permit holder of any requirement of any ordinance, rule, regulation or specification of the City. (Ord. 29 § 1, 1981; CC § 66.503)

5.68.040 Definitions.

Whenever in this chapter the following words or phrases are used, they shall mean:

A. “Building inspection” means the Development Services Department of the City.

B. “Certificate holder” means a person certified pursuant to Business and Professions Code Section 4600 et seq., or a business establishment where only people certified pursuant to Business and Professions Code Section 4600 et seq. practice massage.

C. “Chief of Police” means the Chief of Police of the City or any other law enforcement official of competent jurisdiction.

D. “Health Department” means the Health Department of the County.

E. “License” means the business license to operate a massage establishment required by this chapter.

F. “Massage” means 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 appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice. Massage includes practices by holistic health practitioners or other similar professions or avocations that otherwise meet this definition.

G. “Massage establishment” means any establishment having a fixed place of business where any person, firm, association or corporation engages in or carries on or permits to be engaged in or carried on any of the activities mentioned in subsection F of this section. An establishment of a holistic health provider or any other similar professional who includes massage as part of his or her practice is a massage establishment.

H. “Massage technician” means any person, including a trainee, male or female, who gives or administers to another person, for any form of consideration, a “massage,” as that term is defined in this chapter.

I. “Permit” means the permit to engage in the activities of a massage technician required by this chapter.

J. “Person” means a natural person, firm, copartnership, association or corporation.

K. “Recognized school” means any school or institution of learning, which has for its purpose the teaching of the theory, method, profession or work of massage, and which has been approved pursuant to Section 29007.5 of the California Education Code or pursuant to a similar code provision of another State.

L. “Specified anatomical areas” mean pubic region, human genitals, perineum, anal region and the area of the female breast that includes the areola and the nipple. (Ord. 691 § 6, 2009; Ord. 518, 1999; Ord. 265 § 2, 1988; Ord. 29 § 1, 1981; CC § 66.504)

5.68.050 Massage establishment license.

The procedure to follow, except as otherwise provided in this chapter, in obtaining a license is that set forth in the uniform licensing procedure, set out in Chapter 5.04 PMC. In addition to the reasons stated in the uniform licensing procedure, the Issuing Officer may deny the application for a license if he finds that:

A. The applicant knowingly made a material misstatement in the application for a license; or

B. The applicant, or in the case of an applicant-corporation or partnership any of its officers, directors, holders of five percent or more of the corporation’s stock or partners, within five years immediately preceding the date of the filing of the application, has been convicted of an offense or has been adjudged to be a mentally disordered sex offender and has a duty to register with the Chief of Police under Section 290 of the Penal Code; or has been convicted of a violation of Sections 314 (indecent exposure), 315 (keeping or residing in a house of ill-fame), 316 (keeping a disorderly house, disturbing the peace), 647(a) (soliciting or engaging in lewd or dissolute conduct in a public place), or 647(b) (soliciting or engaging in prostitution) of the Penal Code, or convicted in another State of any offense which, if committed or attempted in this State, would have been punishable as one or more of the heretofore mentioned offenses. No massage establishment license shall be issued by the Issuing Officer until he has been notified in writing by the Health Department and the Department of Development Services that the applicant has fulfilled the requirements of this chapter. (Ord. 518, 1999; Ord. 29 § 1, 1981; CC § 66.505)

5.68.060 Application for massage establishment – Massage service license.

A. The application for a license to operate a massage establishment shall set forth the exact nature of the massage to be administered, the proposed place of business and facilities therefor, and the name and address of each applicant.

B. In addition to the foregoing, any applicant for a license shall furnish the following information:

1. The two previous addresses immediately prior to the present address of the applicant;

2. Written proof satisfactory to the Chief of Police that the applicant is over the age of 18 years;

3. The applicant’s height, weight, color of eyes and hair;

4. Two portrait photographs, at least two inches by two inches. One photograph shall be retained by the Chief of Police and one photograph shall be affixed to the license;

5. Business, occupation, or employment history of the applicant for the three years immediately preceding the date of the application;

6. The business license or permit history of the applicant; whether such person, in previously operating in this or another City, County or State, under license or permit, has had such license or permit suspended or revoked, the reason therefor, and the business activity or occupation subsequent to such suspension or revocation;

7. Whether such person has ever been convicted of any crime, except misdemeanor traffic violations. If any person mentioned in this subsection has been so convicted, a statement must be made giving the place and court in which such conviction was had, the specific charge under which the conviction and the circumstances surrounding the crime for which he was convicted;

8. Such other identification and information necessary to discover the truth of the matter specified in this chapter as required to be set forth in this section;

9. Nothing contained in this chapter shall be construed to deny to the Chief of Police the right to take the fingerprints and additional photographs of the applicant, nor shall anything contained in this chapter be construed to deny the right of the Chief of Police to confirm the height and weight of the applicant;

10. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its Articles of Incorporation, together with the names and residence addresses of each of its officers, directors, and each stockholder holding more than five percent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant apply. (Ord. 29 § 1, 1981; CC § 66.506)

5.68.070 Massage establishment license application fee.

The annual nonrefundable fee for a massage establishment license shall be established by City Council resolution from time to time. The appropriate fee shall accompany the submission of each application to defray in part the cost of inspection, investigation and enforcement of this chapter. (Ord. 683 § 19, 2008; Ord. 29 § 1, 1981; CC § 66.507)

5.68.080 Massage technician’s permit.

A. The procedure to follow, except as otherwise provided in this chapter, in obtaining a permit is that set forth in the uniform licensing procedure, set out in Chapter 5.04 PMC. In addition to the reasons stated in the uniform licensing procedure the Issuing Officer may deny the application for a permit where he finds that the applicant has, within five years immediately preceding the date of filing of the application, been convicted of an offense or has been adjudged to be a mentally disordered sex offender and has a duty to register with the Sheriff or Chief of Police under Section 290 of the Penal Code; or has been convicted of a violation of Section 314 (indecent exposure), 315 (keeping or residing in a house of ill-fame), 316 (keeping a disorderly house, disturbing the peace), 647(a) (soliciting or engaging in lewd or dissolute conduct in a public place), or 647(b) (soliciting or engaging in prostitution) of the Penal Code, or convicted in another State of any offense which, if committed or attempted in this State, would have been punishable as one or more of the heretofore mentioned offenses.

B. No massage technician permit shall be issued by the Issuing Officer until he has been notified in writing by the Health Department that the applicant has fulfilled the requirements of PMC 5.68.100(M).

C. The trainee permit shall allow the student to work in a massage establishment under the supervision and direction of a massage technician who has received a permit issued under the provisions of this chapter; provided, however, no licensed massage technician shall be permitted to supervise more than two persons issued a trainee permit at any one time. The trainee permit shall expire nine months from the date of issuance and shall not be renewed unless good cause is shown by the applicant for such renewal. Any person desiring to obtain a permit to act as a massage technician trainee shall make an application to the Issuing Officer.

D. The nonrefundable fee for a massage technician trainee permit and the annual nonrefundable renewal fee shall be established by City Council resolution from time to time. The appropriate fee shall accompany the submission of each application. The trainee must at all times comply with the laws relating to massage establishments and the failure to comply may render the trainee ineligible to obtain a massage technician permit. (Ord. 683 § 20, 2008; Ord. 29 § 1, 1981; CC § 66.508)

5.68.090 Massage technician application fee.

A. The annual nonrefundable fee for a massage technician permit and the annual nonrefundable renewal fee shall be established by City Council resolution from time to time; provided, however, the provisions of PMC 5.68.100(L) and (M) shall not apply to such annual renewal. The appropriate fee shall accompany the submission of each application to defray the cost of investigation and examination.

B. A permit to act as a massage technician does not authorize the operation of a massage establishment. Any person obtaining a permit to act as a massage technician who desires to operate a massage establishment must separately apply for a license therefor. A person who applies for a license to operate a massage establishment and who desires to act as a massage technician within said establishment who pays the fee required by PMC 5.68.070 shall not be required to pay the fee required by this section. (Ord. 683 § 21, 2008; Ord. 29 § 1, 1981; CC § 66.509)

5.68.100 Application form for massage technician.

The application for a massage technician permit shall contain the following:

A. The name and residence address;

B. The previous addresses of the applicant, if any, for a period of three years immediately prior to the date of the application and the dates of residence at each;

C. Social Security number and driver’s license number, if any;

D. The applicant’s weight, height, color of hair and eyes;

E. The written evidence, satisfactory to the Chief of Police, that the applicant is at least 18 years of age;

F. Business, occupation or employment of the applicant for the three years immediately preceding the date of the application;

G. Whether such person has ever been convicted of any crime, except misdemeanor traffic violations. If any person mentioned in this subsection has been so convicted, a statement must be made giving the place and court in which such conviction was had, the specific charge under which the conviction was obtained, the sentence imposed as a result of such conviction, and the circumstances surrounding the crime for which he was convicted;

H. The business license or permit history of the applicant; whether such person, in previously operating in this or another County, City or State under license or permit, has had such license or permit suspended or revoked, the reason therefor, and the business activity or occupation subsequent to such suspension or revocation;

I. Two portrait photographs, at least two inches by two inches. One photograph shall be retained by the Chief of Police for his files and one photograph shall be affixed to the permit;

J. Such other identification and information as the Chief of Police may require in order to discover the truth of the matters specified in this chapter as required to be set forth in this section;

K. For all new applicants after September 1, 2009, passage of a certifying examination approved by the regulatory body providing oversight to massage professionals pursuant to Business and Professions Code Section 4600 et seq. Applicants renewing their applications without a break in licensure status from before September 1, 2009, shall demonstrate that they have passed a qualifying written examination prepared by the Health Department and administered by the Chief of Police establishing competency and ability of the applicant to engage in the practice of massage. In lieu of taking such written examination, applicant may furnish a diploma or certificate of graduation from a recognized school wherein the method, profession and work of massage is taught or may furnish evidence of employment as a massage technician for 1,200 hours;

L. Pass an examination prepared and conducted by the Health Department wherein the applicant shall be required to demonstrate a basic knowledge of anatomy, physiology, hygiene and manual and mechanical massage. These examinations shall be conducted at regular intervals. The Health Director shall advise the Chief of Police of the results of such examination;

M. The Chief of Police shall fingerprint the applicant. (Ord. 691 § 7, 2009; Ord. 29 § 1, 1981; CC § 66.510)

5.68.110 Massage technician trainee.

A. A massage technician trainee permit shall be issued to any person who has fulfilled the requirements of PMC 5.68.100, with the exception of subsection L or M of that section, provided he is currently enrolled in a recognized school as defined in PMC 5.68.040(K) and has completed at least 25 hours of instruction; and provided the applicant submits a letter signed by the owner or manager of a licensed massage establishment stating his immediate intent to employ the applicant to do massage as a trainee working under the direct supervision and control of a massage technician who has received a permit under the provisions of this chapter. The procedure to follow, except as otherwise provided in this chapter, in obtaining a permit is that set forth in the uniform licensing procedure set out in Chapter 5.04 PMC. In addition to the reasons stated in the uniform licensing procedure, the Issuing Officer may deny an applicant for a permit if he finds that:

1. The applicant has, within five years immediately preceding the date of the filing of the application, been convicted of an offense or has been adjudged to be a mentally disordered sex offender and has a duty to register with the Sheriff or Chief of Police under Section 290 of the Penal Code; or has been convicted of a violation of Section 314 (indecent exposure), 315 (keeping or residing in a house of ill fame), 316 (keeping a disorderly house, disturbing the peace), 647(a) (soliciting or engaging in lewd or dissolute conduct in a public place), or 647(b) (soliciting or engaging in prostitution) of the Penal Code, or convicted in another State or any offense which, if committed or attempted in this State, would have been punishable as one or more of the heretofore mentioned offenses.

2. The trainee permit shall allow the student to work in a massage establishment under the supervision and direction of a massage technician who has received a permit issued under the provisions of this chapter; provided, however, no licensed massage technician shall be permitted to supervise more than two persons issued a trainee permit at any one time. The trainee permit shall expire nine months from the date of issuance and shall not be renewed unless good cause is shown by the applicant for such renewal. Any person desiring to obtain a permit to act as a massage technician trainee shall make an application to the Issuing Officer.

3. The nonrefundable fee for a massage technician trainee permit and the annual nonrefundable renewal fee shall be established by City Council resolution from time to time. The appropriate fee shall accompany the submission of each application. The trainee must at all times comply with the laws relating to massage establishments and the failure to comply may render the trainee ineligible to obtain a massage technician permit.

4. An applicant who is denied a trainee permit may request a hearing from the Issuing Officer. Such request must be made in writing and filed with the Issuing Officer within five days after the applicant has received notice of the denial. The Issuing Officer shall notify the applicant of the time and place of such hearing.

B. After September 1, 2009, no more massage technician trainee permits shall be issued. (Ord. 691 § 8, 2009; Ord. 683 § 22, 2008; Ord. 29 § 1, 1981; CC § 66.511)

5.68.120 Qualification period.

All those persons employed as massage technicians in massage establishments at the time Ordinance 29 from 1981 went into effect or so employed within the 12 months immediately preceding such effective date, who cannot qualify for a massage technician permit by reason of PMC 5.68.100(K) and (L), will have 120 days to qualify either as a massage technician or a massage technician trainee and obtain the required permit under this chapter. All other information required under PMC 5.68.100 shall be submitted immediately. (Ord. 691 § 9, 2009; Ord. 29 § 1, 1981; CC § 66.512)

5.68.130 Massage establishment facilities.

A. No license to conduct a massage establishment shall be granted and no massage establishment shall practice massage unless an inspection by the Department of Development Services and the Health Department reveals that the proposed establishment complies with each of the following minimum requirements:

1. A recognizable and legible sign complying with the sign regulations in the zoning ordinance of the City shall be posted at the main entrance identifying the premises as a massage establishment.

2. A light level of no less than five foot-candles at any point within the room shall be maintained in each room or enclosure where massage services are performed on patrons. This subsection does not apply to certificate holders.

3. Adequate dressing, locker and toilet facilities shall be provided for patrons, except that certificate holders need not provide any facilities over and above those required by applicable law for other professional or personal services:

a. In steam rooms and rooms containing tubs and showers, a waterproof floor covering shall be provided which extends up the walls at least six inches and shall be covered at the floor-wall juncture with at least a three-eighths-inch radius. Toilet rooms shall be of similar construction.

b. Walls of toilet and bathing facilities shall be smooth, waterproof and kept in good repair.

4. Cabinets shall be provided for the storage of clean linen. Approved containers shall be provided for the storage of all soiled linen.

5. Minimum ventilation shall be provided in accordance with the building code of the City. To allow for adequate ventilation in cubicles, rooms and areas provided for patrons’ use, which are not serviced directly by required window or mechanical systems of ventilation, partitions shall be constructed so that the height of partitions does not exceed 75 percent of the floor-to-ceiling height of the area in which they are located. However, nothing in this subsection shall require certificate holders to maintain any higher standards than apply to other professional or personal services.

6. A minimum of one separate washbasin provided with hot and cold running water, soap and individual towels in a dispenser shall be provided in each massage establishment for the use of employees. This washbasin shall be separate from washbasins located in toilet rooms. This subsection does not apply to certificate holders, but certificate holders must comply with all other related standards established by law.

7. All plumbing and electrical installations shall be installed under permit and inspection of the Department of Development Services and such installations shall be installed in accordance with the International Building Code and Uniform Plumbing Code.

8. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, shall be thoroughly cleaned and disinfected with a disinfectant approved by the Health Department each day the business is in operation. Bathtubs shall be thoroughly cleaned and disinfected with a disinfectant approved by the Health Department after each use. This subsection does not apply to certificate holders.

9. Towels, sheets, and linens of all types and items for personal use of operators and patrons shall be clean and freshly laundered. Towels, clothes, and sheets shall not be used for more than one person. Reuse of such linen is prohibited unless the same has been first laundered. Common use of towels or linens is prohibited. Heavy white paper may be substituted for sheets; provided, that such paper is used once for each person and then discarded into a sanitary receptacle.

10. All lavatories or washbasins shall be provided with hot and cold running water, soap and single service towels in wall-mounted dispensers, except for certificate holders, who must abide by all laws applicable to professional or personal services.

11. Except for certificate holders, security deposit facilities for the protection of the valuables of the patrons shall also be available.

12. Disinfecting agents and sterilizing equipment approved by the Health Department shall be provided for any instruments used in performing acts of massage.

13. Pads used on massage tables shall be covered in a workmanlike manner with durable washable plastic or other acceptable waterproof material.

14. Except for certificate holders, no exterior entrance to the massage establishment which is regularly used by the public for ingress or egress to such establishment shall be locked during business hours.

15. All massage establishments shall be subject to reasonable inspection during hours of business operation.

16. Except for certificate holders who must comply with all laws applicable to professional or personal services, a minimum of one tub or shower, and one toilet and washbasin shall be provided by every massage establishment; provided, however, that if male and female persons are employed by any massage establishment or if male and female patrons are to be served simultaneously at said establishment, or any combination thereof, a separate massage room, or rooms, separate dressing facilities and separate toilet facilities shall be provided for male and female patrons and employees. Further, in those establishments where steam room or sauna baths are provided, if male and female patrons are to be served simultaneously, separate steam rooms or sauna rooms shall be provided for male and female patrons.

B. This section shall be construed to require minimum standards only. The application shall be required to comply with all applicable provisions of this code. (Ord. 691 § 10, 2009; Ord. 518, 1999; Ord. 29 § 1, 1981; CC § 66.513)

5.68.140 Name of business.

No person licensed to do business as provided in this chapter shall operate under any name or conduct his business under any designation not specified in his permit. (Ord. 29 § 1, 1981; CC § 66.516)

5.68.150 Change of location.

A change of location of a licensed massage establishment shall be approved by the City Council, provided all applicable provisions of this chapter are complied with and a nonrefundable change of location fee, as shall be established by City Council resolution from time to time, has been paid to the Development Services Department, and the Building Division has inspected the new location and has advised the Director of Development Services that it complies with the requirements of this chapter. (Ord. 683 § 23, 2008; Ord. 518, 1999; Ord. 29 § 1, 1981; CC § 66.517)

5.68.160 Inspection.

The Chief of Police, the Department of Development Services and the Health Department shall make, at least two times each calendar year, an inspection of each massage establishment in the City for the purpose of determining that the provisions of this chapter are met. (Ord. 518, 1999; Ord. 29 § 1, 1981; CC § 66.519)

5.68.170 Records of treatments.

Except for certificate holders, every person, association, firm, or corporation operating a massage establishment under a license as provided in this chapter shall keep for a period of 90 days a record of the date and hour of each treatment, and the name of the technician administering such treatment. Said record shall be open to inspection by officials charged with the enforcement of these provisions for the purposes of law enforcement and for no other purpose. The information furnished or secured as a result of any such inspection shall be confidential. Any willfully unauthorized disclosure or use of such information by any officer or employee of the City shall constitute an infraction and such officer or employee shall be subject to the penalty provisions of this code, in addition to any other penalties provided by law. Records shall be kept for a period of 90 days of treatments rendered off the business site. (Ord. 691 § 11, 2009; Ord. 29 § 1, 1981; CC § 66.521)

5.68.180 Applicability of regulations to existing business.

The provisions of this chapter shall be applicable to all persons and businesses described in this chapter whether the activities described in this chapter were established before or after the effective date of the ordinance codified in the adopted County code and set out in this chapter, except where expressly provided otherwise herein. (Ord. 691 § 12, 2009; Ord. 29 § 1, 1981; CC § 66.522)

5.68.190 Exemptions.

This chapter shall not apply to:

A. Acupuncturists, physicians, surgeons, chiropractors, osteopaths or physical therapists who are duly licensed to practice their respective professions in the State;

B. Nurses who are licensed under the laws of this State;

C. Trainers of any amateur, semiprofessional or professional athlete or athletic team;

D. Barbers and beauticians who are duly licensed under the laws of the State. (Ord. 691 § 13, 2009; Ord. 29 § 1, 1981; CC § 66.523)

5.68.200 Fee modification and allocation.

A. All fees referenced in this chapter shall be reviewed annually by the City Manager to determine whether such fees are adequate to cover the cost of implementing the provisions of this chapter. If the City Manager determines that such fees should be modified he/she shall submit his/her proposal to the City Council for approval. The City Council, after the effective date of the ordinance codified in this chapter, may establish any schedule of fees by resolution.

B. All fees established by this chapter shall be collected by the Department of Finance. (Ord. 811 § 11, 2017; Ord. 683 § 24, 2008; Ord. 29 § 1, 1981; CC § 66.531)

5.68.210 Effective date of chapter provisions.

A. A licensee of any existing massage establishment at the time this chapter goes into effect shall, except as otherwise provided in this chapter, be required to comply with the provisions of PMC 5.68.130 on the effective date of the ordinance codified in this chapter.

B. Any massage establishment coming within this section must comply with the requirements of subsections (A)(3)(a), (5), (6) and (16) of PMC 5.68.130 no later than one year after the effective date of the ordinance codified in the County Code Section adopted herein. (Ord. 29 § 1, 1981; CC § 66.514)

5.68.220 Violation – Penalty.

A. Every person, except those persons who are specifically exempted by this chapter, whether acting as an individual, owner, employee of the owner, operator or employee of the operator, or whether acting as a mere helper for the owner, employee, or operator, or acting as a participant or worker in any way, who gives massages or conducts a massage establishment or practices the giving or administering of any of the services defined in PMC 5.68.040 without first obtaining the necessary permit or license shall be guilty of a misdemeanor.

B. Any owner, operator, manager, or permittee in charge or in control of a massage establishment who knowingly employs a person performing as a massage technician, as defined in this chapter, who is not in possession of a valid, unrevoked permit or valid, unrevoked State-issued certificate, or who allows such person to perform, operate or practice massage within such place of business is guilty of a misdemeanor. (Ord. 691 § 14, 2009; Ord. 265 § 2, 1988; Ord. 29 § 1, 1981; CC § 66.524)

5.68.230 Rules applicable to certificate holders.

The following rules apply to certificate holders:

A. No later than three business days before practicing massage in the City of Poway, a certificate holder shall register with the City of Poway. A certificate holder must re-register within five business days of submitting information to the California Massage Therapy Council or its successor to renew the certificate holder’s certification. The certificate holder shall, in his or her registration form, include the following information:

1. The certificate holder’s name;

2. A copy of the certificate holder’s current, valid certificate;

3. The certificate holder’s business address;

4. Any other information the City Manager deems relevant, consistent with Business and Professions Code Section 4600 et seq.

B. Nothing in this chapter exempts a certificate holder from an obligation to obtain a business license from the City of Poway.

C. Within three business days of any change in the information required by subsection A of this section, a certificate holder who practices massage in the City of Poway shall notify the City Manager of this change. (Ord. 691 § 15, 2009)

5.68.240 Attire.

A. Each massage establishment shall provide to all patrons clean, sanitary and opaque coverings capable of covering the patron’s specified anatomical areas. Such coverings shall be used for one customer only and shall not be reused without first being cleaned.

B. No owner, operator, responsible managing employee, manager, permittee or licensee in charge of or in control of a massage establishment shall permit a massage to be given unless the patron’s specified anatomical areas are covered during the entire massage by the covering referred to in subsection A of this section.

C. With the exception of bathrooms or dressing rooms not open to public view, no owner, operator, responsible managing employee, manager, permittee or licensee in charge of or in control of any massage establishment shall permit any person in any area within the massage establishment which is used in common by the patrons or which can be viewed by patrons from such an area, unless such person’s specified anatomical areas are fully covered.

D. No owner, operator, responsible managing employee, manager, permittee or licensee in charge of or in control of a massage establishment shall permit any massage technician to perform any service or task while in the presence of a patron or to be on the premises of a massage establishment during its hours of operation unless the massage technician is fully covered from a point not to exceed four inches above the center of the kneecap to the base of the neck. Such covering shall be of an opaque material and shall be maintained in a clean and sanitary condition.

E. No owner, operator, responsible managing employee, manager, permittee or licensee in charge of or in control of a massage establishment shall permit any person to massage or intentionally touch the specified anatomical areas of another person while performing the services of an adult massage technician. (Ord. 691 § 16, 2009)