§ 42-5. Unlawful acts.

(a)

It shall be unlawful for any person in a massage shop to treat a person of the opposite sex except at the request of such person, or unless upon the signed order of a licensed physician, osteopath, chiropractor or physical therapist licensed by the state, which order shall be dated and specify the number of treatments to be given. The requirements of this subsection shall not apply to treatments given in the residence of a patient, in the office of a licensed physician, osteopath, chiropractor or a physical therapist licensed by the state, or in a regularly established hospital or sanitarium.

(b)

It shall be unlawful for any person in any establishment licensed under the provisions of this chapter to place his or her hands upon, to touch with any part of his body, to fondle in any manner, or to massage a sexual or genital part of any other person. Sexual or genital parts shall include the genitals, pubic area, buttocks (except in massage), anus or perineum of any person, or the vulva or breasts of a female.

(c)

It shall be unlawful in any massage shop for any person to expose his or her sexual or genital parts, or any portion thereof, to any other person.

(d)

It shall be unlawful for any person, while in the presence of another person, in any massage shop, to fail to conceal with a fully opaque covering the sexual or genital parts of his or her body.

(e)

It shall be unlawful for any person owning, operating or managing any establishment mentioned in subsection (a), (b), (c) or (d) of this section knowingly to cause, allow or permit, in or about such establishment, any agent, employee or other person under his control or supervision to perform the acts prohibited in such subsections.

(f)

It shall further be unlawful for any person rendering services governed under the provisions of this chapter to administer any such services on an outcall basis. Such person shall administer his services within an establishment licensed to carry on business under this chapter. Any violation of this subsection shall be deemed grounds for revocation, after hearing, of a license or permit granted under this chapter; provided, however, that such restriction shall not apply to a massage licensee or permittee who performs outcall massage upon a patron or client who, because of reasons of physical defects or incapacities or due to illness, is physically unable to travel to the massage establishment. If any outcall massage is performed under this exception, a record of the date and hour of each treatment, and the name and address of the patron or client, and the name of the licensee or permittee administering such treatment and the type of treatment administered, as well as the physical defect, incapacity or illness of such patron or client, shall be kept by the licensee or his designate. Such records shall be open to inspection by officials of the city department of health and bureau of liquor control. The information furnished or secured as the result of any such inspection shall be confidential. Any unauthorized disclosure or use of such information by any employee of the department of health or bureau of liquor control shall be unlawful.

(g)

It shall be unlawful for any massage services to be performed or carried on in any cubicle, room, booth or any area within a massage establishment which is fitted with a door capable of being locked. All doors or doorway coverings within such establishment shall have an unobstructed view opening six inches by six inches in size capable of clear two-way viewing into and out of all cubicles, rooms, booths and areas within such establishment wherein the establishment's licensed services are being performed, except where such openings are prohibited by the city fire prevention code. The opening shall not be less than 4½ feet from the floor of the establishment or more than 5½ feet therefrom. All toilets in any licensed establishment, and cubicles in a massage shop used solely for the application of liquid and vapor baths, shall have no such opening in the door or curtain, but shall be clearly marked as to the purpose on the exterior door or curtain of such cubicle, room or booth. Nothing in this subsection shall be construed to eliminate the other requirements of any city ordinance concerning the maintenance of premises, or to preclude the authorized inspection as authorized in this chapter.

(Code of Gen. Ords. 1967, § 8.12; Ord. No. 47656, 5-6-77)