5.20.170 Massage businesses, health salons and public bathhouses.
A. Definitions.
1. “Facility” means any of the definitions contained in this section or any combination thereof.
2. “Health salon” means any place or facility where various devices and equipment are used for the treatment of the human body including reducing devices, athletic equipment, massage tables, various type of steam and similar bath facilities, or any combination of the foregoing, for the purpose of weight reduction physical improvement or as a beauty aid.
3. “Massage business” means any place where massage or other treatment to the body of another person by rubbing, kneading, hitting or any other manipulations are given or furnished, including the use of equipment, machinery or appliances in connection with the foregoing.
4. “Public bathhouse” means any place or facility where baths or facilities for baths of any kind whatever are given or furnished and the term includes but is not limited to the following: Finnish baths, Russian baths, sauna baths, Swedish baths, Turkish baths, baths of hot air, steam, vapor, water or electric cabinet or a combination of any of the foregoing; provided, however, that such term shall not include ordinary tub or shower baths, or any of the above-named baths where the duties of the employee do not require physical contact with any customer.
B. License Application – Qualifications – Requirements to Apply – Exemptions. The terms of this chapter shall not apply to any massage treatment, baths or any other equipment or appliances given in a family home wherein only members of such family are treated or to any such treatments given in any hospital, duly licensed, which treats patients only upon written prescription of a licensed doctor of medicine, or by any other person licensed by the state to treat the sick, injured or infirm, or any nurse under the direction of a person licensed.
C. License Regulations.
1. Licenses – Prerequisite to Advertisement. It is unlawful to advertise the giving of any treatment or service as defined in this chapter by any person or in an establishment not licensed or otherwise qualified pursuant to the terms of this chapter.
2. Premises – Standards Generally. Prior to the issuance of any license for any facility, as defined in this chapter, and prior to the operation of any business therein, it shall be the duty of the city’s building department and the city health officer to inspect the premises or proposed premises to determine if the following standards and requirements have been met and all applicable plumbing, building and health codes are complied with. It shall be the duty of the operator or owner of such facilities to meet such requirements and to maintain same at all times in a clean, safe and sanitary manner.
a. Adequate lighting (see subdivision 5 of this subsection, Illumination), heating and ventilating are to be installed and maintained in all parts of the facility in full compliance with the city’s applicable building, plumbing, electrical and related codes.
b. All floors within the facility shall be constructed of impervious, nonabsorbing, easily cleanable material with approved drain in the area containing a pool.
c. Each patron using such a pool facility shall be furnished with an individual clean towel or disposable paper mat by the operator thereof. Towels shall not be reused until they are washed and sanitized. There shall be adequate facilities for towel and mat storage.
d. All toilet and handwashing facilities shall be available as required in the city’s plumbing code, applicable to places of public assembly.
e. All plumbing shall be installed according to the city’s plumbing code and shall be free of potential cross-connections.
f. If any facility contains any swirling water pools where more than one person is immersed, such pools shall be maintained under the same restrictions as any public or semipublic pool. Bacterial quality shall be such that not more than 15 percent of any series of samples, nor more than two consecutive samples of any series of samples collected at times when the pool is in use, shall allow the presence of coliform bacteria in any of the five 10-milliliter portions examined. Chlorine residual of 0.4 parts per million in all parts of the pool while in use will assure acceptable bacteriological standards.
g. Chlorine and pH test kits should be used routinely to check the chemical makeup of pool water and results are to be recorded on a daily log sheet and kept current at all times.
h. Any stool or bench in any bath facility should be easily cleanable and soundly constructed. They should be covered with single-service towels when in use.
i. All exercise equipment and appliances shall be routinely checked for possible structural weaknesses and shall be maintained in a safe and sanitary manner at all times.
j. Gym mats with an easily cleanable surface shall be used only. These should be cleaned and disinfected each day.
k. All pools must be provided with recirculation and filtering equipment, which equipment shall include a rate-of-flow indicator and a loss-of-head gauge for the backwash filter.
l. All shower and dressing facilities shall be available outside the pool area. Such area must be well lighted and ventilated with nonslip floor finish provided on floors sloping to a floor drain.
m. A safety bar or handrail shall be installed in the pool easily accessible to users in every area of the pool. The rooms housing the swirl pool and sauna shall have adequately sized windows for observing users of the facilities.
n. Any sauna bath or similar facility shall duly post a maximum exposure timetable as suggested by the manufacturer thereof.
o. Slanted or sloped ceilings shall be used in the sauna area to prevent dripping of hot water on users.
p. Any facilities using ultraviolet exposure rooms in their establishment shall post maximum exposure time.
3. Premises – Inspection. Any facility required to be licensed under this chapter shall at all times be open to inspection as to sanitary and moral conditions by the city health inspector or the chief of police or their duly authorized agents, on demand. The licensee, their agent or employee shall not impede such inspection in any manner or alert other persons as to the presence of the health officer or police.
4. Internal Warning Systems Prohibited. Any facility required to be licensed under this chapter shall not install any device that is designed as an internal warning system and no licensee, their agent or employee shall use any device for alerting persons in other portions of the building.
5. Illumination. Any facility required to be licensed under this chapter shall illuminate that portion of the premises open to customers, at all times, by white light of not less than three footcandles or its equivalent when measured with a color-corrected light meter.
6. Employees. It is unlawful for the owner, proprietor, manager or person in charge of any facility required to be licensed in this chapter to employ in such establishment any person who is not 18 years of age and of good moral character.
7. Certain Persons Prohibited. It is unlawful for the owner, proprietor, manager or person in charge of any facility as defined in this chapter, or any employee or agent of such establishment, to admit anyone under the age of 18 years of age and permit them to remain in or about such premises, unless such person is accompanied by their parent or legal guardian, or to knowingly harbor, admit, receive or permit to be or remain in or about such premises any prostitute, lewd or dissolute person, or any drunk or boisterous person, or any person under the influence of any narcotic or dangerous drugs.
8. Prohibited Activities. It is unlawful for any owner, proprietor, manager or person in charge of any facility as defined in this chapter, or any employee or agent of such establishment, to perform or allow to be performed any act, massage or manipulation in which contact is made with another’s genital area either by hand, body or by any mechanical device or object, whether it is covered or uncovered, clothed or unclothed, whole or in part.
9. Dress Restrictions. It is unlawful for any owner, proprietor, manager or person in charge of any facility as defined in this chapter, or any employee or agent of such establishment, to disrobe or be partially disrobed in the presence of another, other than their lawful mate, while in any facility defined in this chapter, and shall wear a uniform such as is normally worn and recognized in the field of medicine while performing or administering any of the activities described within this chapter.
10. Supervision. The owner, manager or proprietor shall nave the premises supervised at all times when open for business. Rooms and stalls used for the purpose of massage or where an attendant is provided or present shall be constructed in such a manner as to permit inspection without entering such rooms or stalls and without having to open a door. (Ord. 4012 § 2, 1984.)