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ARTICLE 29: LICENSING AND REGULATION OF MASSAGE PRACTITIONERS
Sec. 1900. Definitions.
Sec. 1901. Permit Required for Massage Practitioner; Exemption.
Sec. 1902. Application for Massage Practitioner Permit; General and Advanced Practitioners.
Sec. 1903. Issuance of Massage Practitioner Permit.
Sec. 1904. Temporary Massage Practitioner Permit; Trainee Permit.
Sec. 1905. Identification Card.
Sec. 1906. Massage Practitioner License Fee.
Sec. 1907. Revocation of Massage Practitioner Permit.
Sec. 1908. Permit Required for a Massage Establishment, Solo Practitioner Massage Establishment, or Outcall Massage Service, Exemptions.
Sec. 1909. Application for Massage Establishment, Solo Practitioner Massage Establishment, or Outcall Massage Service Permit.
Sec. 1910. Facilities Necessary for Massage Establishment.
Sec. 1911. Facilities Necessary for Solo Practitioner Massage Establishment.
Sec. 1912. Referral of Permit Application to Other Departments.
Sec. 1913. Issuance of Massage Establishment, Solo Practitioner Massage Establishment, or Outcall Massage Service Permit.
Sec. 1914. Operating Requirements for Massage Establishment.
Sec. 1915. Employment of Massage Practitioners.
Sec. 1916. Register of Employees.
Sec. 1917. Employment of Persons Under the Age of 18 Prohibited.
Sec. 1918. Display of Permit; Hours of Operation.
Sec. 1919. Inspection.
Sec. 1920. Massage Establishment, Solo Practitioner Massage Establishment, or Outcall Massage Service License Fee.
Sec. 1921. Revocation of Massage Establishment, Solo Practitioner Massage Establishment, or Outcall Massage Service Permit.
Sec. 1922. Hearings.
Sec. 1923. Transfer of Permit.
Sec. 1924. Existing Permits.
Sec. 1925. Business Tax and Zoning Information, Resources for Massage Practitioners.
Sec. 1926. Rules and Regulations; Complaint Line.
Sec. 1927. Fees.
Sec. 1928. Violations and Penalties.
Sec. 1929. Cooperative Efforts with Law Enforcement.
Sec. 1930. Disclaimer.
Sec. 1931. Severability.
SEC. 1900. DEFINITIONS.
For the purposes of this Article:
(a) "City" means the City and County of San Francisco.
(b) "Convicted" means having pled guilty or having received a verdict of guilty, including a verdict following a plea of nolo contendere, to a crime.
(c) "Director" means the Director of Public Health or any individual designated by the Director to act on his or her behalf.
(d) "Massage" means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external soft pads of the body with the hands or with the aid of any mechanical electrical apparatus or appliances, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, lotions, ointments, or other similar preparations.
(e) "Massage establishment" means a fixed place of business where more than one person engages in or carries on, or permits to be engaged in or carried on, the practice of massage.
(f) "Massage practitioner" means any individual who, for any monetary consideration whatsoever, engages in the practice of massage. "Massage practitioner" shall include both general massage practitioners and advanced massage practitioners, as provided in Section 1901.
(g) "Non-profit organization" means any fraternal, charitable, religious, benevolent, or any other nonprofit organization having a regular membership association primarily for mutual social, mental, political, and civic welfare, to which admission is limited to the members and guests and revenue accruing therefrom to be used exclusively for the benevolent purposes of said organization and which organization or agency is exempt from taxation, under the Internal Revenue Laws of the United States as a bona fide fraternal, charitable, religious, benevolent, or non-profit organization.
(h) "Outcall massage service" means any business, not permitted as a massage establishment or solo practitioner massage establishment under the provisions of this Article, wherein the primary function of such business is to engage in or carry on massage not at a fixed location but at a location designated by the client or customer.
(i) "Permittee" means the owner, proprietor, manager, or operator of a massage establishment, outcall massage service, or solo practitioner massage establishment.
(j) "Person" means any individual, partnership, firm, association, joint stock company, corporation, or combination of individuals of whatever form or character.
(k) "Recognized school for massage" means any school or institution of learning which teaches the theory, ethics, practice, profession, and work of massage, which requires a resident course of study of not less than 100 hours to be completed before the student shall be furnished with a diploma or certificate of graduation, and which has been approved pursuant to California Education Code Sections 94301 et seq., or, if said school or institution is not located in California, has complied with standards commensurate with those required in said Sections 94301 et seq. and has obtained certification under any similar state approval program, if such exists.
(l) "Solo practitioner massage establishment" means a fixed place of business where a person holding an advanced massage practitioner permit engages in or carries on, or permits to be engaged in or carried on, the practice of massage. Said fixed place of business may be shared by two to four advanced massage practitioners, or two to four advanced massage practitioners and one or more health or healing arts practitioners, except as otherwise provided pursuant to Section 1913(e).
(Added by Ord. 269-03, File No. 030995, App. 12/5/2003)
SEC. 1901. PERMIT REQUIRED FOR MASSAGE PRACTITIONER; EXEMPTIONS.
(a) It shall be unlawful for any individual to engage in the practice of massage without first obtaining a permit from the Director.
(b) An individual may receive a permit as either a general massage practitioner or an advanced massage practitioner, as provided in Section 1902. As used in this Article, the term "massage practitioner" shall refer to both general massage practitioners and advanced massage practitioners, unless otherwise specifically provided in the ordinance.
(c) A permit is not required where the individual is a licensed or certificated health care practitioner practicing massage as part of his or her health care practice. For purposes of this Section, "health care practitioner" shall mean any person who activities are licensed or regulated under Division 2 of the California Business and Professions Code or any initiative act referred to in that division.
(d) A permit is not required where the individual is a barber, cosmetologist, esthetician, or manicurist licensed or certificated pursuant to Division 3, Chapter 10, of the California Business and Professions Code, practicing massage as part of his or her work as a barber, cosmetologist, esthetician, or manicurist and within the scope of any relevant state restrictions on the practice of massage by members of those professions.
(e) An individual practicing massage under the direction of a non-profit organization, and the organization itself are exempt from permit and license fees under this Article, but the individual and the organization must obtain the necessary permits and licenses and otherwise comply with all relevant requirements.
(Added by Ord. 269-03, File No. 030995, App. 12/5/2003)
SEC. 1902. APPLICATION FOR MASSAGE PRACTITIONER PERMIT; GENERAL AND ADVANCED PRACTITIONERS.
(a) Every applicant for a massage practitioner permit shall file an application with the Director upon a form provided by the Director and pay a non-refundable application fee, as set forth in Section 1927.
(b) The application for a massage practitioner permit shall set forth, under penalty of perjury, the following:
(1) Name and residence address of the applicant;
(2) A unique identifying number from at least one government-issued form of identification, such as a social security card, a state driver's license or identification card, or a passport;
(3) Written evidence that the applicant is at least 18 years of age;
(4) Applicant's height, weight, and color of hair and eyes;
(5) Business, occupation, or employment of the applicant for the five years immediately prior to the date of application; this information shall include, but not be limited to, a statement as to whether or not the applicant, in working as a massage practitioner or bodywork technician or similar occupation under a permit or license, has had such permit or license revoked or suspended, and the reasons therefor; and
(6) All felony or misdemeanor convictions.
(c) An applicant for a general massage practitioner permit shall provide, as part of the application, the name and address of the recognized school for massage attended, the dates attended, and the original of the diploma or certificate of graduation awarded the applicant showing that the applicant has completed not less than 100 hours of instruction. An applicant for an advanced massage practitioner permit shall provide, as part of the application, the name and address of the recognized school or schools for massage attended, the dates attended, and the original of the diploma(s) or certificate(s) of graduation awarded the applicant showing that the applicant has completed not less than 200 hours of instruction. The additional 100 hours of instruction required for the advanced massage practitioner permit may be completed at one or more schools. If the applicant already holds a current general massage practitioner permit, he or she need only submit documentation for the additional 100 hours of instruction necessary for the advanced massage practitioner permit.
(d) The Director shall administer a culturally-sensitive test to all applicants, in the applicant's own language, to confirm basic proficiency in massage before issuing a permit.
(e) The Director is hereby authorized to require in the application any other information including, but not limited to, any information necessary to discover the truth of the matters set forth in the application.
(Added by Ord. 269-03, File No. 030995, App. 12/5/2003)
SEC. 1903. ISSUANCE OF MASSAGE PRACTITIONER PERMIT.
(a) Within 14 days following a hearing, or, if no hearing is held, within 60 business days following receipt of a completed application for a massage practitioner permit, the Director shall either issue the permit or mail a written statement of his or her reasons for denial thereof to the applicant. If the Director takes neither action, the permit shall he deemed issued.
(b) No massage practitioner permit shall be issued if the Director finds:
(1) The applicant has provided materially false documents or testimony; or
(2) The applicant has not complied fully with the provisions of this Article; or
(3) Within five years immediately prior to the date of application, the applicant has had any license or permit related to the practice of massage revoked; or
(4) The applicant has been convicted of any of the following offenses or convicted of an offense outside the State of California that would have constituted any of the following offenses if committed within the State of California:
(i) Any felony involving the use of coercion or force and violence upon another person; or
(ii) Any misdemeanor sexual battery; or
(iii) Any offense involving sexual misconduct with children; or
(iv) Any offense requiring registration pursuant to Section 290 of the California Penal Code.
(c) The Director may issue a massage practitioner permit to any individual convicted of one of the offenses listed in Subsection (b)(4) of this Section if the Director finds that the offense was not violent, the conviction occurred at least five years prior to the date of application, and the applicant has not been convicted subsequently of one of those offenses.
(d) If an application for a massage practitioner permit is denied, within 30 days of the date of receipt of the notice of denial, the applicant may appeal the decision by notifying the Director in writing. The notice shall set forth in detail the ground or grounds for the appeal. Within 30 days of receipt of the notice of appeal, the Director shall conduct a hearing to consider the appeal. At least 10 days prior to the hearing, the Director shall notify the applicant of the time and place of the hearing. The Director shall oversee the hearing, provide the applicant an opportunity to speak at the hearing, and issue a ruling within 30 days of its conclusion. The Director's ruling shall be final.
(Added by Ord. 269-03, File No. 030995, App. 12/5/2003)
SEC. 1904. TEMPORARY MASSAGE PRACTITIONER PERMIT; TRAINEE PERMIT.
(a) Upon completion and submission of an application for a massage practitioner permit as required in Section 1902 of this Article, and upon payment of all fees for the permit, an applicant may request a temporary massage practitioner permit. If requested, the Director shall issue the temporary massage practitioner permit which is valid for the period during which the application is under review, but in no event for more than 60 days. The Director may revoke the permit at any time if he or she finds that the applicant has failed to meet any of the requirements of Section 1903 of this Article.
(b) The Director may adopt rules and procedures for issuing trainee permits, not to exceed three months in duration, to persons who have otherwise completed an application for a massage practitioner permit and who are currently registered in a recognized school of massage to fulfill the training requirement.
(Added by Ord. 269-03, File No. 030995, App. 12/5/2003)
SEC. 1905. IDENTIFICATION CARD.
The Director shall provide all massage practitioners granted a permit with an identification card. The identification card must he presented to any City health inspector upon request at all times during the regular business hours of any massage establishment or solo practitioner massage establishment.
(Added by Ord. 269-03, File No. 030995, App. 12/5/2003)
SEC. 1906. MASSAGE PRACTITIONER LICENSE FEE.
Every massage practitioner shall pay to the Tax Collector an annual license fee, as set forth in Section 1927.
(Added by Ord. 269-03, File No. 030995, App. 12/5/2003)
SEC. 1907. REVOCATION OF MASSAGE PRACTITIONER PERMIT.
(a) The Director may revoke or suspend any massage practitioner permit, after a public hearing, if the Director finds:
(1) The massage practitioner willfully violated any of the provisions of this Article; or
(2) The massage practitioner has provided materially false documents or testimony; or
(3) Within five years immediately prior to the date of application, the massage practitioner has had any license or permit related to the practice of massage revoked; or
(4) The massage practitioner has violated a rule or regulation adopted by the Director pursuant to Section 1926.
(b) Before any hearing is conducted under this Section, the Director shall provide the massage practitioner at least 20 days written notice. The notice shall include the time, place, and grounds for the hearing. If requested by the massage practitioner, the Director shall make available all documentary evidence against him or her no later than 15 days Prior to the hearing. At the hearing, the massage practitioner shall be provided an opportunity to refute all evidence against him or her. The Director shall oversee the hearing and issue a ruling within 20 days of its conclusion. The Director's ruling shall be final.
(c) The Director may suspend summarily any massage practitioner permit issued under this Article pending a noticed hearing on revocation or suspension when in the opinion of the Director the public health or safety requires such summary suspension. Any affected permittee shall be given notice of such summary suspension in writing delivered to said permittee in person or by registered letter.
(Added by Ord. 269-03, File No. 030995, App. 12/5/2003)
SEC. 1908. PERMIT REQUIRED FOR A MASSAGE ESTABLISHMENT, SOLO PRACTITIONER MASSAGE ESTABLISHMENT, OR OUTCALL MASSAGE SERVICE, EXEMPTIONS.
(a) It shall be unlawful for any person to engage in, conduct, or carry on, or to permit to be engaged in, conducted, or carried on, in or upon any premises in the City the operation of a massage establishment, solo practitioner massage establishment, or outcall massage service without first obtaining a permit from the Director.
(b) Hospitals, nursing homes, and other State-licensed health care facilities providing massage services to their patients shall not be required to obtain a permit under this Section, where the services are provided by a licensed or certificated health care practitioner or an individual practicing massage under the direction of a health care practitioner. For purposes of this Section, "health care practitioner" shall mean any person who activities are licensed or regulated under Division 2 of the California Business and Professions Code or any initiative act referred to in that division.
(c) A permit shall not be required under this Section where the services are provided on the premises (1) by a licensed or certificated health care practitioner or (2) by a barber, cosmetologist, esthetician, or manicurist, licensed or certificated pursuant to Division 3, Chapter 10, of the California Business and Professions Code, practicing massage as part of his or her work as a barber, cosmetologist, esthetician, or manicurist, and within the scope of any relevant state restrictions on the practice of massage by members of those professions. A non-profit organization providing massage services on its premises, and the individuals providing the massage services, are exempt from permit and license fees under this Article, but the organization and the individuals must obtain the necessary permits and licenses and otherwise comply with all relevant requirements.
(Added by Ord. 269-03, File No. 030995, App. 12/5/2003)
SEC. 1909. APPLICATION FOR MASSAGE ESTABLISHMENT, SOLO PRACTITIONER MASSAGE ESTABLISHMENT, OR OUTCALL MASSAGE SERVICE PERMIT.
(a) Every applicant for a massage establishment, solo practitioner massage establishment, or outcall massage service permit shall file an application with the Director upon a form provided by the Director and pay a non-refundable application fee, as set forth in Section 1927.
(b) The application shall set forth, under penalty of perjury, the following:
(1) The exact nature of the services to be rendered;
(2) The address of the proposed place of business and facilities thereof
(3) The number of individuals to be employed by the business, and, in the case of a solo massage practitioner establishment, the names of any massage practitioners who shall operate under that permit;
(4) The name, residence address, and date of birth of each applicant;
(5) Any history of previous massage permits or licenses in San Francisco or elsewhere, including whether any such permit or license has been revoked and the reasons therefor, for each applicant; and
(6) All felony or misdemeanor convictions for the applicant.
(c) The Director is hereby authorized to require in the application any other information including, but not limited to, information related to the health, hygiene, and sanitation of the premises and any information necessary to confirm the accuracy of the matters set forth in the application.
(d) If an applicant for a massage establishment or outcall massage service permit 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 the officers, directors, and each stockholder holding more than 10 percent of the stock of the corporation. If the application is a partnership, the application shall set forth the name and the 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 corporate applicants applies. The same permit and criminal history information required of individual applicants shall be provided for each officer, director, and stockholder holding more than 10 percent of the stock of the corporation, or for each partner, including limited partners.
(e) In addition to the information required under subsections (b) and (c), an applicant for a solo practitioner massage establishment permit shall provide proof that he or she holds a current, valid advanced massage practitioner permit issued by the Director under Section 1901.
(f) Applicants shall also submit proof of compliance with any applicable Planning Code requirements regarding notice and posting of the proposed establishment.
(g) An advanced massage practitioner holding a solo practitioner massage establishment permit shall not be required to pay any additional permit fee for an outcall massage service permit.
(Added by Ord. 269-03, File No. 030995, App. 12/5/2003)
SEC. 1910. FACILITIES NECESSARY FOR MASSAGE ESTABLISHMENT.
No permit to conduct a massage establishment shall be issued unless an inspection by the Director reveals that the massage establishment complies with each of the following requirements:
(a) Construction of rooms used for toilets, tubs, steam baths, and showers shall be made waterproof with hard nonabsorbent materials which are easily cleaned and shall be installed in accordance with the San Francisco Building Code. Plumbing fixtures shall be installed in accordance with the San Francisco Plumbing Code.
(1) For toilet rooms, toilet room vestibules, and rooms containing bathtubs, there shall be a waterproof floor covering, which will be carried up all walls to a height of at least five inches. Floors shall be coved at the juncture of the floor and wall with a 3/8 inch minimum radius coving.
(2) Steam rooms and shower compartments shall have waterproof floors, walls, and ceilings approved by the Director.
(3) 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.
(4) A source of hot water must be available within the vicinity of dry and wet heat rooms to facilitate cleaning.
(b) Toilet facilities shall be provided in convenient locations. When five or more employees or patrons of different genders are on the premises at the same time, separate toilet facilities shall be provided. A single toilet shall be provided for each 1.5 or more persons of the same gender on the premises at any one time. Urinals may be substituted for toilets after one toilet has been provided. Doors to toilet rooms shall open inward and be self-closing. Toilet rooms shall be designated as to the gender accommodated therein.
(c) Lavatories or wash basins with both hot and cold running water shall be installed in either the toilet room or the vestibule. Lavatories or wash basins must have soap in a dispenser and sanitary towels.
(d) All portions of the massage establishment shall be provided with adequate light and ventilation by means of windows or skylights with an area of not less than 1/8 of the total floor area, or shall be provided with an approved artificial light and a mechanical operating ventilating system. When windows or skylights are used for ventilation, at least 1/2 of the total required window area shall be operable. To allow for adequate ventilation, cubicles, rooms, and areas provided for the use of patrons not served directly by a window, skylight, or mechanical system of ventilation shall be constructed so that the height of the partitions does not exceed 75 percent of the floor-to-ceiling height of the area in which they are located.
(e) All electrical equipment shall be installed in accordance with the requirements of the San Francisco Electrical Code.
(Added by Ord. 269-03, File No. 030995, App. 12/5/2003)
SEC. 1911. FACILITIES NECESSARY FOR SOLO PRACTITIONER MASSAGE ESTABLISHMENT.
No permit to conduct a solo practitioner massage establishment shall be issued unless an inspection by the Director reveals that the solo practitioner massage establishment complies with each of the following requirements:
(a) Toilet facilities shall be provided for patrons.
(b) Rooms used for toilets, tubs, steam baths. and showers, including the floors, walls, and ceilings of those rooms, shall be constructed from hard, durable, and nonabsorbent materials which are easily cleaned.
(c) Handwashing facilities shall be provided within or adjacent to toilet rooms and shall be equipped with an adequate supply of hot and cold running water under pressure.
(d) Handwashing facilities shall be readily accessible to the massage practitioner and shall be equipped with an adequate supply of hot and cold running water under pressure.
(e) A room, enclosure, or designated area shall be provided where patrons may change and store their clothes.
(f) Toilet and dressing rooms and massage rooms shall be provided with at least 108 lux (10 footcandles) of light.
(g) Smooth and cleanable containers shall be provided for soiled linens.
(h) Adequate and suitable space shall be provided for storage of clean linens, including towels, apparel, etc.
(i) All portions of the facility used by patrons shall be provided with adequate ventilation.
(Added by Ord. 269-03, File No. 030995, App. 12/5/2003)
SEC. 1912. REFERRAL OF PERMIT APPLICATION TO OTHER DEPARTMENTS.
The Director, within 10 days of receiving an application for a permit to operate a massage establishment or solo practitioner massage establishment permit, shall refer the application to the City Department of Building Inspection and the City Police, Fire, and Planning Departments. Said departments shall inspect the premises proposed to be operated as a massage establishment or a solo practitioner massage establishment and shall make written findings to the Director concerning compliance with codes that they administer.
The Director shall notify the Police Department of all approved permit applications.
(Added by Ord. 269-03, File No. 030995, App. 12/5/2003)
SEC. 1913. ISSUANCE OF MASSAGE ESTABLISHMENT, SOLO PRACTITIONER MASSAGE ESTABLISHMENT, OR OUTCALL MASSAGE SERVICE PERMIT.
(a) Within 14 days following a hearing, or, if no hearing is held, within 60 business days, following receipt of a completed application for a massage establishment, solo practitioner massage establishment, or outcall massage service permit, the Director shall either issue the permit or mail a written statement of his or her reasons for denial thereof to the applicant. If the Director takes neither action, the permit shall be deemed issued.
(b) No massage establishment, solo practitioner massage establishment, or outcall massage service permit shall be issued if the Director finds:
(1) The applicant has provided materially false documents or testimony; or
(2) The operation as proposed by the applicant would not comply with all applicable laws including, but not limited to, the City Building, Planning. Housing, and Fire Codes or any rule or regulation adopted by the Director pursuant to this Article; or
(3) Within five years immediately prior to the date of application, the applicant has had any license or permit related to the practice of massage revoked; or
(4) The applicant and any other individual who will be directly engaged in the management and operation of the massage establishment, solo practitioner massage establishment, or outcall massage service has been convicted of any of the following offenses or convicted of an offense outside the State of California that would have constituted any of the following offenses if committed within the State of California:
(i) Any felony involving the use of coercion or force and violence upon another person; or
(ii) Any misdemeanor sexual battery; or
(iii) Any offense involving sexual misconduct with children;
(iv) Pimping or pandering; or
(v) Any offense requiring registration pursuant to Section 190 of the California Penal Code.
(c) The Director may issue a permit authorized under this Section to any individual convicted of one of the offenses listed in Subsection (h)(4) of this Section if the Director finds that the offense was not violent, the conviction occurred at least five years prior to the date of application, and the applicant has not been convicted subsequently of one of those offenses.
(d) The Director may refuse to issue any permit authorized under this Section in any case where there is reasonable grounds to determine that the premises or the business will be or are being managed, conducted, or maintained in such a manner as to endanger the health or safety of the employees or patrons thereof or to coerce any employee to engage in any illegal conduct.
(e) Notwithstanding the provisions of Section 1900(l), the Director may issue a solo practitioner massage establishment permit authorizing more than four solo massage practitioners to operate out of the same place of business if the Director finds good cause exists and the operation of the establishment will not have a negative impact on the neighborhood.
(f) If an application for a permit authorized under this Section is denied, within 30 days of the date of receipt of the notice of denial, the applicant may appeal the decision by notifying the Director in writing. The notice shall set forth in detail the ground or grounds for the appeal. Within 30 days of receipt of the notice of appeal, the Director shall conduct a hearing to consider the appeal. At least 10 days prior to the hearing, the Director shall notify the applicant of the time and place of the hearing. The Director shall oversee the hearing, provide the applicant an opportunity to speak at the hearing, and issue a ruling within 30 days of its conclusion. The Director's ruling shall be final.
(Added by Ord. 269-03, File No. 030995, App. 12/5/2003)
SEC. 1914. OPERATING REQUIREMENTS FOR MASSAGE ESTABLISHMENT.
(a) Every portion of a massage establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition.
(b) A room, enclosure, or designated area, which is separate from the toilet, massage room, steam room, or other common areas shared by the patrons shall be made available for each employee. Individual lockers within this room shall be made available to each employee. Doors to dressing rooms shall open inward and be self closing.
(c) Every massage establishment shall provide clean laundered sheets and towels and shall launder them after each use and store them in a sanitary manner. No towels or sheets shall be laundered or dried in any massage establishment unless such massage establishment is provided with laundry facilities for such laundering and drying. The massage establishment shall provide appropriately labeled receptacles for the storage of soiled linens and paper towels. The massage establishment shall appropriately bag and dispose of soiled refuse.
(d) Every massage establishment shall thoroughly clean its wet and dry heat rooms, shower compartments, and toilet rooms each business day. Bathtubs shall be thoroughly cleaned and sanitized after each use.
(e) Any room in which a massage establishment provides massage services shall not be used for residential sleeping purposes; provided, however, that the Director may allow such room to be used for residential or sleeping purposes if the Director finds that the health and safety of the patrons of the massage establishment will not be jeopardized.
(Added by Ord. 269-03, File No. 030995, App. 12/5/2003)
SEC. 1915. EMPLOYMENT OF MASSAGE PRACTITIONERS.
It shall be the responsibility of every permittee for a massage establishment or outcall massage service, or the employer of any individual purporting to act as a massage practitioner, to ensure that such individual has obtained a permit pursuant to this Article.
(Added by Ord. 269-03, File No. 030995, App. 12/5/2003)
SEC. 1916. REGISTER OF EMPLOYEES.
The operator of a massage establishment, solo practitioner massage establishment, or outcall massage service must maintain a register of all individuals employed as massage practitioners and their permit numbers. Such register shall be available for inspection by the Department of Public Health at all times during regular business hours.
(Added by Ord. 269-03, File No. 030995, App. 12/5/2003)
SEC. 1917. EMPLOYMENT OF PERSONS UNDER THE AGE OF 18 PROHIBITED.
It shall be unlawful for any permittee to employ any individual who is not at least 18 years of age.
(Added by Ord. 269-03, File No. 030995, App. 12/5/2003)
SEC. 1918. DISPLAY OF PERMIT; HOURS OF OPERATION.
(a) Every permit to operate a massage establishment or solo practitioner massage establishment shall be displayed in a conspicuous place within the establishment so that the permit may be readily seen by individuals entering the premises. Every permit to operate an outcall massage service must be made available for inspection by the Department of Public Health at all times while providing massage services.
(b) No massage establishment, solo practitioner massage establishment, or outcall massage service shall operate or provide massage services during the hours between midnight and 7:00 a.m.
(Added by Ord. 269-03, File No. 030995, App. 12/5/2003)
SEC. 1919. INSPECTION.
(a) Any member of the Department of Public Health may make an inspection of any massage establishment or solo practitioner massage establishment in the City for the purpose of determining that the establishment is in compliance with the provisions of this Article or for the purpose of providing health and safety information to employees of the establishment. The Director shall adopt regulations under Section 1926 governing the use of double doors or other structural devices that interfere with reasonable inspections and do not have legitimate safety or security purposes.
(b) Nothing in this Section shall limit or restrict the authority of a police officer to enter premises licensed under this Article (i) pursuant to a search warrant signed by a magistrate and issued upon a showing of probable cause to believe that contraband is present or that a crime has been committed or attempted, (ii) without a warrant in the case of an emergency or other exigent circumstances, or (iii) as part of any other lawful entry in connection with a criminal investigation or enforcement action.
(Added by Ord. 269-03, File No. 030995, App. 12/5/2003)
SEC. 1920. MASSAGE ESTABLISHMENT, SOLO PRACTITIONER MASSAGE ESTABLISHMENT, OR OUTCALL MASSAGE SERVICE LICENSE FEE.
(a) Every person holding a massage establishment, solo practitioner massage establishment, or outcall massage service permit shall pay to the Tax Collector an annual license fee, as set forth in Section 1927; provided, however, that the annual license fee shall be $10 for any person holding a massage establishment permit who is over 60 years old and does not employ others and whose gross receipts from the massage business operated under the authority of said permit for the previous year were less than $1,000.
(b) An advanced massage practitioner holding a solo practitioner massage establishment permit shall not be required to pay any additional annual license fee for an outcall massage service permit.
(Added by Ord. 269-03, File No. 030995, App. 12/5/2003)
SEC. 1921. REVOCATION OF MASSAGE ESTABLISHMENT, SOLO PRACTITIONER MASSAGE ESTABLISHMENT, OR OUTCALL MASSAGE SERVICE PERMIT.
(a) The Director may revoke or suspend any massage establishment, solo practitioner massage establishment, or outcall massage service permit, after a hearing, if the Director finds:
(1) The permittee has violated any of the provisions of this Article; or
(2) The permittee has refused to permit any duly authorized City health inspector to inspect the premises or the operations therein; or
(3) The permittee has engaged in any conduct in connection with the operation of the business that violates any state or local laws, or, in the case of a massage establishment or outcall massage service permit, any employee of the permittee has engaged in any conduct that violates any state or local laws at permittee's place of business, and the permittee had or should have had actual or constructive knowledge by due diligence of the illegal conduct; or
(4) In the case of a solo practitioner massage permit, the permittee no longer holds a current, valid advanced massage practitioner permit issued by the Director; or
(5) The Director determines by clear and convincing evidence that such business is being managed, conducted, or maintained without regard for public health or the health of patrons, customers, or employees, or without due regard to proper sanitation and hygiene; or
(6) The permittee has violated a rule or regulation adopted by the Director pursuant to Section 1926.
(b) Before any hearing is conducted under this Section, the Director shall provide the permittee at least 20 days' written notice. The notice shall include the time, place, and grounds for the hearing. If requested by permittee, the Director shall make available all documentary evidence against permittee no later than 15 days prior to the hearing. At the hearing, the permittee shall be provided an opportunity to refute all evidence against him or her. The Director shall oversee the hearing and issue a ruling within 20 days of its conclusion. The Director's ruling shall be final.
(c) The Director may suspend summarily any massage establishment, solo practitioner massage establishment, or outcall massage service permit issued under this Article pending a noticed hearing on revocation or suspension when in the opinion of the Director the public health or safety requires such summary suspension. Any affected permittee shall be given notice of such summary suspension in writing delivered to said permittee in person or by registered letter.
(Added by Ord. 269-03, File No. 030995, App. 12/5/2003)
SEC. 1922. HEARINGS.
The Director may fix a time and place for a hearing on any application for a permit under this Article, which shall not be held more than 45 days after the receipt of the completed application, or, in the case of a permit to operate a massage establishment or solo massage practitioner establishment, more than 30 days after receiving the findings required under Section 1912 of this Article.
(Added by Ord. 269-03, File No. 030995, App. 12/5/2003)
SEC. 1923. TRANSFER OF PERMIT.
No permit issued under this Article shall be transferable.
(Added by Ord. 269-03, File No. 030995, App. 12/5/2003)
SEC. 1924. EXISTING PERMITS.
(a) All persons who possess outstanding massage establishment, outcall massage service, or masseur or masseuse permits on the effective date of this ordinance must surrender and exchange any such permits for new permits within 90 days of the effective date of this ordinance. Any such surrender and exchange shall be without fee to the permittee. From and after the 91st day after the effective date of this ordinance, all permits not surrendered and exchanged for new permits shall be void and continuance of operation under any such void permits shall be a violation of this Article. However, until issuance of the new permit, all existing permits are subject to the rules and regulations in effect at the time of the issuance of the permits.
(1) A person who possesses an outstanding masseur or masseuse permit on the effective date of this ordinance may exchange that permit for a general massage practitioner permit. He or she may seek an advanced massage practitioner permit upon submitting documentation for the additional 100 hours of instruction required under Section 1902(c).
(2) A person who possesses an outstanding massage establishment permit on the effective date of this ordinance may exchange that permit for a massage establishment permit under this Article. Only a person who has obtained an advanced massage practitioner permit may obtain a solo practitioner massage establishment permit.
(b) Any person practicing massage without a permit on the effective date of this ordinance, or who has done so prior to that date, shall be eligible to receive a general or advanced massage practitioner permit upon satisfying the requirements of Sections 1902 and 1903, or a massage establishment, solo practitioner massage establishment, or outcall massage service permit upon satisfying the requirements of Sections 1909 and 1913. Such applicants shall not be disadvantaged or penalized in the permitting process for having practiced massage without a permit prior to the effective date of this ordinance.
(Added by Ord. 269-03, File No. 030995, App. 12/5/2003)
SEC. 1925. BUSINESS TAX AND ZONING INFORMATION, RESOURCES FOR MASSAGE PRACTITIONERS.
(a) Upon issuing or renewing any permit issued under this Article, the Director and the Tax Collector shall also provide the permit-holder with general information, including appropriate referrals to other City departments, regarding (1) the need and procedure for registering a business with the Tax Collector, and, (2) possible zoning restrictions on the operation of a massage practice.
(b) The Director shall provide all persons receiving a massage practitioner permit with educational materials regarding their rights and informing them of available resources such as health services and victim assistance, as well as emergency numbers and hotlines to call for information and assistance.
(Added by Ord. 269-03, File No. 030995, App. 12/5/2003)
SEC. 1926. RULES AND REGULATIONS; COMPLAINT LINE.
(a) The Director, after a noticed public hearing, may adopt rules and regulations to carry out the provisions of this Article. Such rules and regulations shall take effect 15 days after the meeting. Violation of any such rule or regulation may be grounds for administrative action against the permittee, including suspension or revocation of the permit as provided in Sections 1907 and 1921 or an administrative fine as provided in Section 1928, but the Director shall whenever possible give the permittee a reasonable opportunity to cure the violation before seeking penalties.
(b) The Director shall maintain a phone line for inquiries and complaints regarding massage businesses and practitioners.
(Added by Ord. 269-03, File No. 030995, App. 12/5/2003)
SEC. 1927. FEES.
(a) The application fee for a massage practitioner permit, as provided in Section 1902, shall be $116. The annual license fee for a massage practitioner, as provided in Section 1906, shall be $86.
(b) The application fee for a massage establishment, as provided in Section 1909, shall be $394. The annual license fee for a massage establishment, as provided in Section 1920, shall be $694.
(c) The application fee for a solo practitioner massage establishment, as provided in Section 1909, shall be $394. The annual license fee for a solo practitioner massage establishment, as provided in Section 1920, shall be $464.
(d) The application fee for an outcall massage services permit, as provided in Section 1909, shall be $278. The annual license fee for an outcall massage service, as provided in Section 1920, shall be $231.
(e) An advanced massage practitioner holding a solo practitioner massage establishment permit shall not be required to pay any additional permit or annual license fee for an outcall massage service permit.
(f) Beginning with fiscal year 2008-2009, fees set forth in this Article may be adjusted each year, without further action by the Board of Supervisors, asset forth in this Section.
Not later than April 1, the Director shall report to the Controller the revenues generated by the fees for the prior fiscal year and the prior fiscal year's costs of operation, as well as any other information that the Controller determines appropriate to the performance of the duties set forth in this Section.
Not later than May 15, the Controller shall determine whether the current fees have produced or are projected to produce revenues sufficient to support the costs of providing the services for which the fees are assessed and that the fees will not produce revenue which is significantly more than the costs of providing the services for which the fees are assessed.
The Controller shall, if necessary, adjust the fees upward or downward for the upcoming fiscal year as appropriate to ensure that the program recovers the costs of operation without producing revenue which is significantly more than such costs. The adjusted rates shall become operative on July 1.
(Added by Ord. 269-03, File No. 030995, App. 12/5/2003; Ord. 149-08, File No. 080744, App. 7/30/2008)
SEC. 1928. VIOLATIONS AND PENALTIES.
(a) Any person who violates any provision of this Article or any rule or regulation adopted pursuant to Section 1926 may, after being provided notice and an opportunity to be heard, be subject to an administrative fine not to exceed $1,000 for the first violation of a rule or regulation in a 12-month period, $2,500 for the second violation of the same rule or regulation in a 12-month period, and $5,000 for the third and subsequent violations of the same rule or regulation in a 12-month period; provided, however, that the schedule of administrative fines for a massage practitioner shall be as follows: not to exceed $250 for the first violation of a rule or regulation in a 12-month period, $500 for the second violation of the same rule or regulation in a 12-month period, and $1,000 for the third and subsequent violations of the same rule or regulation in a 12-month period.
(b) Any permittee who knowingly employs a massage practitioner who is not in possession of a valid permit or who allows such a massage practitioner to perform, operate, or practice in the permittee's place of business may, after being provided notice and an opportunity to be heard, be subject to an administrative fine not to exceed $1,000 for the first violation in a 12-month period, $2,500 for the second violation in a 12-month period, and $5,000 for the third and subsequent violations in a 12-month period.
(c) Administrative fines collected under this Section shall be used to support the Department of Public Health and its Health Code enforcement functions.
(d) Nothing in this Section shall preclude the prosecution of anyone under any of the laws of the State of California.
(Added by Ord. 269-03, File No. 030995, App. 12/5/2003)
SEC. 1929. COOPERATIVE EFFORTS WITH LAW ENFORCEMENT.
The Director of Public Health shall work with the Chief of Police on issues of common concern affecting the massage industry, such as protections against violence in massage establishments, crimes against massage practitioners, forced labor, or trafficking.
During the six-month period between adoption of this Article and its effective date, the Director of Public Health shall work with the Chief of Police to develop procedures to verify that permit applicants do not have prior criminal convictions that would disqualify the applicants from receiving a permit under this Article.
(Added by Ord. 269-03, File No. 030995, App. 12/5/2003)
SEC. 1930. DISCLAIMER.
In regulating massage establishments and massage services as provided in this Article, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(Added by Ord. 269-03, File No. 030995, App. 12/5/2003)
SEC. 1931. SEVERABILITY.
If any of the provisions of this Article or the application thereof to any person or circumstance is held invalid, the remainder of this Article, including the application of such part or provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this Article are severable.
(Added by Ord. 269-03, File No. 030995, App. 12/5/2003)