§ 5.36.160. Operating requirements—Massage establishments.

All massage establishments must comply with the following operating requirements:

A.

Hours of Operation. Massage establishments shall only offer Massage services between the hours of 7:00 a.m. and 10:00 p.m. and no patrons for massage services shall be allowed on the premises after 10:00 p.m. or before 7:00 a.m. Pacific Standard Time.

B.

Massage Therapists and Trainees. Massage therapists and trainees shall be required to wash their hands before administering a massage. All massage therapists and trainees working on the premises shall be free of any communicable disease. Instruments for massage shall be sanitized before each use by approved sanitization methods.

Massage therapists and trainees shall wear clean outer garments whose use is restricted to the massage establishment at all times while on the premises. All employees and other persons working on the premises shall be fully clothed at all times. All outer garments and other clothing required under this section shall be of a fully opaque, nontransparent material and provide complete covering from at least the mid thigh to two inches below the collarbone. The midriff may not be exposed.

All massage therapists and massage therapist trainees shall carry on his or her person at all times during business operations and be able to produce upon request an identification badge with their name, photograph, and permit number and expiration date thereof. The city shall issue such badges to permittees.

C.

Personnel Register and Daily Log. Owners of massage establishments shall maintain a personnel register, approved as to form by the City Administrator, that contains the names and permit numbers of the massage therapists and massage therapist trainees performing massages on the premises, along with a description of the services performed and the names any other employee or person retained or working on the premises.

Owners of massage establishments shall maintain a daily log, approved as to form by the City Administrator that includes the names of the massage therapist(s) or massage therapist trainee(s) performing massage on the premises for that day, the hours they worked during that day, and a list of services they performed that day. The daily log shall also include the name and job title of every other employee or person retained or working on the premises that day and the services they performed that were performed. The daily log shall be completed by the close of business every day.

The personnel register shall identify clearly the manager(s) and/or operator(s) of the massage establishment, as designated by the owner(s), and the daily log shall identify clearly which manager(s) and/or operator(s) is responsible for the massage establishment on each day.

The personnel register and daily log shall be available for inspection by the city of Oakland at all times during regular business hours and shall be kept on file for one year. Failure to maintain either the personnel register or log in accordance with this section shall be a violation of this chapter.

D.

Hiring New Employees. Permittees shall provide the city of Oakland with written notice, including the names, addresses and photographs, of any new massage therapists, massage therapist trainees, employees or other persons working or performing services on the massage establishment premises. The notice shall be provided to the city before the first day of employment and the city shall be allowed, to require a background check of anyone listed in the notification for identification purposes.

E.

Client Register. Every massage establishment shall keep a client register, approved as to form by the City Administrator, that lists all patrons, their names, addresses, dates and times of massages including their arrival and departure time, the name of the patron's massage therapist or massage therapist trainee, the type of service obtained, including the room or cubicle where it was performed and the fee paid. The client register shall be updated by the close of business every day. The client register shall be available for inspection by the city of Oakland at all times during regular business hours. This record shall be considered confidential, not for public review, and may be inspected by the city of Oakland only as part of a criminal investigation or during proceedings to suspend or revoke a permit under this chapter. This record shall be kept on file for one year.

F.

Sanitation. All massage establishments shall be provided with clean, laundered sheets and towels, in sufficient quantity, which shall be laundered after each use, and stored in a sanitary manner on the premises. Heavy white paper may be substituted for linen. Linen substitute cannot be used more than once.

All portions of the massage establishment premises shall be kept in a clean and sanitary condition.

No towel or sheet shall be laundered or dried in any massage establishment unless such establishment is provided with approved laundry facilities for laundering and drying. The massage establishment permittee shall provide approved receptacles for the storage of soiled linens and approved refuse containers for the disposal of paper towels and other waste material.

Wet and dry heat rooms, shower compartments, and toilet rooms, shall be disinfected at least once each business day. Bathtubs shall be disinfected after each use.

Pads on massage tables shall be made of durable, waterproof material.

G.

Prohibition of Door Locks for Massage Rooms. No Massage activity may occur in any cubicle, room, booth or area that is fitted with a door capable of being locked.

H.

Requirements for Entry Doors. Secondary security doors at the entrance of the business shall remain unlocked during business hours.

I.

Massage Services Posted. Every service offered by a massage establishment, including the price and minimum length of time to perform the service, shall be posted in a conspicuous place where the public has access. No services shall be performed and no consideration shall be given for any service(s) not posted. Only services that are legitimate recognized massage functions shall be performed, offered to be performed, solicited or in any other way made available.

J.

Advertisements. All advertisements for massage establishments shall reflect the professional nonsexual nature of the business. No massage establishment shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that would reasonably suggest to prospective patrons that any service is available other than services described in this chapter.

K.

Payments and Tips. All massage services shall be paid for in the reception area, and all tips, if any, shall be paid in the reception area.

L.

Prohibition Against Residence. No person(s) shall reside on or within the premises of a massage establishment.

M.

Prohibition Against Warning Devices. Massage establishments are prohibited from having any device that can be utilized as an early warning system to alert persons present at the massage establishment to the presence of law enforcement officers, city authorities, or county authorities on the premises. Said devices include, but are not limited to, light or music dimmers, electronic detection devices, external or internal video equipment and alarm systems other than those used for fire and security alarms.

(Ord. 12675 § 4 (part), 2005)