Existing Massage Establishments

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Massage Establishment Requirements 

Existing massage businesses must be in compliance with the following requirements per Chapter 5.44 of the San Marcos Municipal Code. The San Marcos Municipal Code is available online at www.san-marcos.net/COSMMuniCode.

a) CAMTC Certificate to City. No Owner, Operator or Manager shall operate a Massage Business unless a copy of a current and valid CAMTC Certificate is provided to the City for each Massage Technician employed or utilized to Perform Massage at the Massage Business, prior to Performing any Massage.

b) CAMTC Certificate Posted in Public View. No Owner, Operator or Manager shall operate a Massage Business unless an original CAMTC Certificate for each Massage Technician employed or utilized to Perform Massage at the Massage Business is posted in public view.

c) CAMTC Identification Card Worn at All Times. No Owner, Operator or Manager shall operate a Massage Business unless an original CAMTC-issued identification card is worn and clearly visible on each Massage Technician employed or utilized to Perform Massage, at all times while on- site at the Massage Business, whether or not the Massage Technician is Performing Massage.

d) Hours of Operation. Massage shall be Performed only between the hours of 8: 00 a. m. and 10:00 p.m. No Massage shall be Performed between the hours of 10: 00 p. m. and 8: 00 a. m.

e) Prohibited Locations. No Massage shall be Performed in a hotel or motel room, or in the private residence of the Massage Technician Performing Massage.

f) List of Services. A list of the services available and the costs of such services shall be posted in an open and conspicuous public place on the premises of a Massage Business. The services shall be described in English. No Owner, Operator or Manager shall permit to be offered or performed, and no Massage Technician shall offer or perform, any service other than those posted on the list of available services, nor shall any Owner, Operator, Manager, or Massage Technician request or charge a fee for any service other than those included on the list of available services.

g) Massage Log. For each Massage Performed, a Massage Business shall keep a complete and legible written record of the following information stated in English on a form provided by the City, as may be updated from time to time by the City, and available on the City's website under the " Massage Businesses" page, or by some other method that provides substantially the same information as required by this subdivision: ( i) the date and hour the Massage was Performed; ( ii) the service received; ( iii) the name or initials of the employee entering the information; and ( iv) the name of the Massage Technician Performing the Massage. Such records shall be retained on the premises of a Massage Business for not less than a period of two ( 2) years and shall be immediately available for inspection and copying by an Inspector during business hours.

h) Signage. A recognizable and legible sign complying with the sign regulations of this Municipal Code shall be posted at the main entrance of each Massage Establishment identifying the premises as a Massage Establishment. This subdivision shall not apply to Massage Accessory Use or Outcall Massage businesses.

i) Lighting. A minimum 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 is Performed.

j) Dressing Rooms, Lockers, Secured Area to Deposit Valuables. Dressing rooms, lockers and a secured facility for the protection of valuables shall be provided for patrons. This subdivision shall not apply to Outcall Massage businesses.

k) Lavatories, Bathing Facilities, Saunas, Steam/ HeatNapor Rooms. This subdivision shall not apply to Outcall Massage businesses.

1) Lavatories shall be provided for patrons with hot and cold running water, soap and single service towels in wall- mounted dispensers.

2) All walls, floors and ceilings in lavatories, bathing facilities, saunas, steam/ heat/vapor rooms, and all other physical facilities must be in good repair and maintained in a clean and sanitary condition. Steam/ heat/vapor rooms shall be thoroughly cleaned and disinfected with a disinfectant approved by the Health Department each day that the Massage Business is in operation.

3) Walls in lavatories, bathing facilities, saunas, and steam/ heat/vapor rooms shall be smooth, waterproof and kept in good repair.

4) Floors in lavatories, bathing facilities, saunas and steam/ heat/vapor rooms shall have a waterproof covering that extends up the walls at least six ( 6) inches and shall be covered at the floor-wall juncture with at least a three-eighths ( 3/ 8) inch radius.

5) Separate bathing facilities, saunas and steam/ heat/vapor rooms shall be provided for male and female patrons if male and female patrons are to be served simultaneously.

I) Wash Basins for Employee Use. A minimum of one ( 1) separate wash basin provided shall be provided for employees with hot and cold running water, soap and single service towels in a wall- mounted dispenser. Wash basins for employee use shall be separate from any wash basins located in lavatories. This subdivision shall not apply to Outcall Massage businesses.

m) Linens. Towels, sheets, and linens of all types and items for personal use of Massage Technicians shall be clean and freshly laundered. Towels, clothes, and sheets shall not be used by more than one (1) Person unless the same has first been laundered. Heavy white paper may be substituted for sheets provided that such paper shall not be used by more than one ( 1) Person and must be discarded into a sanitary receptacle after such use.

n) Storage Cabinets, Containers for Linens. Cabinets shall be provided for the storage of clean linens. Containers approved by the Health Department shall be provided for the storage of all soiled linens. This subdivision shall not apply to Outcall Massage businesses.

o) Massage Table Pads. Pads used on Massage tables shall be covered in a workmanlike manner with durable washable plastic or other acceptable waterproof material.

p) Sterilized Instruments. Disinfecting agents and sterilizing equipment approved by the Health Department shall be provided for any instruments used in Perform Massage.

q) Ventilation. Minimum ventilation shall be provided in accordance with the building code of the City. This subdivision shall not apply to Outcall Massage businesses.

r) Plumbing and Electrical. All plumbing and electrical installations shall be installed under permit in accordance with current local, state and federal laws and regulations, and subject to inspection by the Inspector. This subdivision shall not apply to Outcall Massage businesses.

s) Unlocked Exterior Doors. No exterior door which is regularly used by the public for ingress or egress shall be locked during business hours, unless the Massage Business is owned by only one ( 1) individual with one ( 1) or no employees or independent contractors, provided that any such exterior door is equipped with panic hardware or other similar equipment that would provide an accessible form of egress in the event of an emergency. This subdivision shall not apply to Outcall Massage businesses.

t) Inspection of Unoccupied Rooms and Areas. All unoccupied rooms and areas shall be subject to reasonable inspection during business hours. This subdivision shall not apply to Outcall Massage businesses.

u) Specified Anatomical Areas.

1) No Owner, Operator, Manager or Massage Technician shall Perform Massage on or intentionally touch, or permit the Performance of Massage on or intentional touching of, the Specified Anatomical Areas of another Person, regardless of whether the contact is over or under the patron' s clothing.

 2) No Owner, Operator, Manager or Massage Technician shall enter any area which is used by the patrons, unless the patron's Specified Anatomical Areas are fully covered, except to use the lavatory or dressing room.

v) Professional Attire. No Owner, Operator or Manager shall permit any Massage Technician to be on the premises of a Massage Business during business hours to Perform Massage or be available to Perform Massage, unless the Massage Technician is dressed in professional attire based on the custom and practice of the Massage profession in California.  The uniform shall be made of non- transparent material and may not expose any Specified Anatomical Area. Swim attire, lingerie and undergarments may not be used as a uniform or displayed as part of a uniform. Appropriate swim attire may be worn while Performing a waterbased Massage modality approved by CAMTC.

w) No Residential/ Sleeping Use. No Massage Business shall be used for residential or sleeping purposes. No Owner, Operator or Manager shall permit any Person, including but not limited to any Owner, Operator, Manager, or Massage Technician to live on the premises of a Massage business.

x) Owner, Operator or Manager On- Site. An Owner, Operator or Manager approved by the City must be on the premises of a Massage Business at all times during business hours.  To add an Operator or Manager, please select one of the following applications:

Operator/Manager with CAMTC Certification

Operator/Manager without CAMTC Certification

y) Health Department Exemptions for Existing Massage Businesses. Any Existing Massage Business that was previously determined by the City and/ or the Health Department to be exempt from the requirement to obtain a public health permit issued by the Health Department to operate a Massage Business, shall not be required to comply with subsections ( k)( 3)-( 4) and ( I) under this Section or Section 5. 44. 060( b)( 13) of this Municipal Code during the period of time that the Massage Business operates in its current location. This exemption shall no longer apply once the Massage Business moves to any other location within the City. The exemption under this subdivision shall not exempt the Massage Business from compliance with all other applicable local, State and Federal laws, ordinances, rules and regulations, including, but not limited to, the provisions of this Municipal Code and the Zoning Ordinance. This subdivision shall not apply to Outcall Massage businesses.

z) Independent Contractors. Any independent contractor(s) utilized by the Massage Business to Perform Massage must obtain a City business license and provide a current and valid CAMTC certificate to the City prior to Performing Massage.

5.44.090 Advertising.

a) All advertising to Perform Massage by any Massage Technician within the jurisdiction of the City shall include the name under which the Massage Technician is certified by CAMTC and their CAMTC Certificate number. This requirement shall apply to any and all types of advertising, including, but not limited to, business cards, written pamphlets, social media, and Internet websites, including online bulletin boards.

b) All advertising to Perform Massage at any Massage Business within the jurisdiction of the City shall include the name of the Massage Business and the City business license number. This requirement shall apply to any and all types of advertising, including, but not limited to, business cards, written pamphlets, social media, and Internet websites, including online bulletin boards.

c) No Person, Massage Technician or Massage Business shall engage in sexually suggestive advertising, including sexually suggestive photographs and language, related to Massage services.

d) No Person, Massage Technician or Massage Business shall place, publish or distribute, or cause to be placed, published or distributed, any advertising matter related to performing any service prohibited under this Chapter.

A Massage License is required for all massage businesses and must be renewed annually.  A renewal packet will be mailed out approximately 30 days prior to expiration.  A license that is not renewed within 30 days after the expiration date will be automatically suspended.

For more information or questions about massage businesses, contact San Marcos Business Licensing at (760) 744-1050, ext. 3101 or smbusinesslicense@san-marcos.net.

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