§ 5.36.100. Minimum requirements—Massage establishment permit.

Massage establishments must comply with all the following requirements before a permit may be issued:

A.

Distance Requirements. The proposed location of the massage establishment is not within one thousand (1,000) feet of a public or private school or a public library or youth center (serving youth 18 and under), or city park, park and recreation facility or another massage establishment.

B.

Zone. The proposed massage establishment must be located in a commercial, industrial or manufacturing zone, or its equivalent as may be amended.

C.

Health and Safety Codes. The proposed massage establishment premises must comply with all applicable building, fire safety, health, electrical, plumbing, mechanical, heating and ventilating, sanitation, and other laws applicable to said premises.

D.

Physical Requirements. The proposed massage establishment(s) must comply with all the following requirements:

1.

All massage establishments shall provide on the premises at least one toilet room and at least one toilet room for each sex if the establishment serves both sexes simultaneously. All toilet rooms shall be equipped with a self-closing door.

2.

All massage establishments shall provide wash basins in each toilet room, or vestibule, and in each massage room or cubicle. Each wash basin shall be equipped with hot and cold running water, soap in a dispenser and sanitary towels.

3.

Physical requirements for toilet rooms or rooms containing bathtubs or shower areas. Toilet rooms or rooms containing bathtubs or shower areas in massage establishments shall meet the following requirements:

a.

Floors shall have a smooth, hard, nonabsorbent surface such as portland cement, concrete, ceramic tile, or other approved material which extends upwards onto the walls at least five inches.

b.

Walls of water closet compartments or rooms containing bathtubs shall be finished as specified under subsection (E)(1) of this section to a height of not less than four feet.

c.

Shower areas shall be finished as specified in subsection (E)(1) of this section to a height of not less than six feet.

4.

Massage establishment steam rooms shall meet the following requirements:

a.

Steam rooms shall have floors, walls and ceilings finished with a smooth, hard, nonabsorbent surface such as portland cement, concrete, ceramic tile, or other approved material.

b.

Floors of wet and dry heat rooms shall be adequately pitched to one or more floor drains properly connected to the sanitary sewer.

c.

Hot water shall be available within the immediate vicinity of the wet and dry heat rooms to facilitate cleaning.

5.

All massage establishments shall have a utility room on the premises equipped with a utility sink and a storage facility for cleaning compounds and equipment.

6.

All massage establishments shall have a reception area within ten feet of the front door that directly serves massage service rooms, steam rooms, offices, or group of offices as an extension of the activities in those rooms. All reception areas shall have a window.

7.

The walls of a massage establishment shall be clean and painted with an approved washable mold-resistant paint in all rooms where water or steam baths are given.

8.

Adequate light and ventilation shall be provided by means of windows or skylights with an area of not less than one-eighth of the total floor area or by means of artificial light and a mechanical operating ventilating system. When windows or skylights are used for ventilation, at least one-half of total window area shall be capable of being opened. The height of partitions in rooms and areas serviced directly by a required window, skylight, or mechanical system of ventilation, shall not exceed three-fourths of the height of the room in which they are placed.

9.

Room or cubicle where massage is administered shall have lighting equivalent to a minimum of ten footcandles as measured at surface of the massage table, at all times of occupancy.

10.

Massage establishment permits shall be displayed in a conspicuous place on the premises, together with the permits of each massage therapists and trainees performing service on said premises.

E.

Exceptions. A massage establishment permit may be issued to applicants that do not meet the requirements of this section if the City Administrator makes written findings that:

1.

The massage establishment was granted a conditional use permit (CUP) for operating a massage establishment;

2.

The massage establishment will not have an impact on public safety or neighborhood quality of life; or

3.

Compliance with the requirements of this section would place an undue financial burden on or would be physically infeasible for existing establishments. The burden is on the applicant to provide sufficient evidence to demonstrate either an undue financial burden or physical infeasibility.

(Ord. 12675 § 4 (part), 2005)