[Code 1992, § 18-601; 8-12-1996 by Ord. No. 1103; 9-25-2006 by Ord. No. 1269]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any person who renders any service in connection with the
operation of a massage business and receives compensation from the
operator of the business or patrons.
The person to whom a license has been issued to own or operate
a massage establishment as defined in this section.
The treating of external parts of the body for remedial or
hygienic purposes, consisting of stroking, kneading, rubbing, tapping,
pounding, vibrating, or stimulating with the hands or with the aid
of any mechanical or electrical apparatus or appliances, with or without
such supplementary aids as rubbing alcohol, liniments, antiseptics,
oils, powder, creams, lotions, ointment or other such similar preparations
commonly used in the practice of massage.
Any establishment which engages in the practice of massage,
as defined in this section, and which has a fixed place of business
where any person, firm, association or corporation carries on any
of the activities as defined in the definition of the term "massage."
A massage establishment includes but is not limited to a health club,
health spa, or any physical fitness club, salon, Turkish bath, steam
bath, sauna bath or business that offers massage on occasion or incidental
to its principal operation.
Any person who, for any consideration whatsoever, engages
in the practice of massage as defined in this section.
Any business, the function of which is to engage in or carry
on massages at a location designated by the customer or client rather
than at a massage establishment as defined in this section.
Any person over 18 years of age, or any person under 18 years
of age who has written permission from a parent or guardian, who receives
a massage under such circumstances that it is reasonably expected
that the person will pay money or give any other consideration for
massage services.
The person to whom a permit has been issued to act in the
capacity of a massagist, masseur, masseuse or massage therapist as
defined in this section.
A school which is licensed by the State of Michigan with
a class hour requirement of at least 500 hours and which requires
for admission students with a 10th grade education, or its equivalent,
which employs one or more competent massage therapists as instructors,
and which has minimum requirements of a continuous course of study
and training and consisting of a study in physiology, anatomy, massage
theory, hydrotherapy, hygiene, ethics, and practical massage. A massage
instructor must meet the following criteria:
Graduate of a state-licensed school with a minimum of 500 hours
of education.
Proof of five years' experience.
Professional certification by the American Massage Therapy Association,
International Myomassethics Federation, or Associated Bodywork and
Massage Professionals, or other national massage therapy organization
with comparable prerequisites for certification.
|
For the purposes of this article, a correspondence school or
a school outside of the United States shall not be construed to be
a recognized school.
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[Code 1992, § 18-602; 8-12-1996 by Ord. No. 1103]
(a)
Massage establishment license required. No person shall engage in
or carry out the business of massage unless a valid massage business
license is issued by the City pursuant to this article for each and
every separate office or place of business conducted. This subsection
shall not apply to permitted massagists who perform massages exclusively
on an outcall basis.
(b)
Massage permit required. No person shall practice massage, as an
employee or otherwise as defined in this article, unless a valid massage
permit is issued by the City pursuant to this article.
(c)
Responsibility of owner, operator, manager, or licensee. It shall
be the responsibility of an owner, operator, manager, or licensee
under this article to ensure that each person employed to practice
massage shall have a valid massage permit pursuant to this article.
[Code 1992, § 18-603; 8-12-1996 by Ord. No. 1103; 9-25-2006 by Ord. No. 1269; 2-23-2009 by Ord. No. 1299]
(a)
This article shall not apply to the following individuals while engaged
in the personal performance of the duties of their respective professions:
(1)
Physicians, surgeons, chiropractors, osteopaths, or physical
therapists who are licensed to practice their respective professions
in the state.
(2)
Nurses who are registered under the laws of the state.
(3)
Barbers and cosmetologists who are licensed under the laws of
the state, except that this exemption shall apply solely to the massaging
of the neck, face, scalp and hair of the customer for cosmetic or
beautifying purposes.
(4)
A trainer of any duly constituted athletic team who administers
a massage in the normal course of training duties.
(5)
Massagists who meet the following criteria:
a.
Proof of graduation from a school of massage licensed by the
State of Michigan; or
b.
Current licensure by another state with equivalent standards
of education from a state licensed school in the United States; or
c.
Proof of comparable education, training, and/or experience in
massage and/or bodywork;
(b)
Any massage establishment in which the above described persons practice
their respective professions.
(c)
In any prosecution for violation of this article, the exemptions in Subsection (a) and (b) of this section shall constitute affirmative defenses, and it shall be incumbent upon the defendant to show exemptions from this article. Nothing contained in this section shall be deemed to shift the burden of proof of the violation to the defendant.
[Code 1992, § 18-604; 8-12-1996 by Ord. No. 1103]
(a)
Every applicant for a license to maintain, operate, or conduct a
massage establishment shall file an application under oath with the
City Clerk's office upon a form provided by the City and shall pay
a nonrefundable application and investigation fee. Such fee shall
be set by the City Council through resolution and may be reviewed
and amended periodically upon request of the City Clerk. The application
and investigation fee must be reasonably related to the City's costs
of processing such application. The application shall contain the
following information:
(1)
A definition of the service to be provided.
(2)
The mailing address and all telephone numbers where the business
is to be located and conducted.
(3)
The name and residence address of each applicant.
a.
If the applicant is a corporation, the names and residence addresses
of each of the officers and directors of the corporation and of each
stockholder owning more than 10% of the stock of the corporation;
the address of the corporation itself, if different from the address
of the massage establishment; and the name and address of a resident
agent in the county.
b.
If the applicant is a partnership, the name and residence address
of each of the partners and the partnership itself, if different from
the address of the massage establishment, and the name and address
of a resident agent in the county.
(4)
The two previous addresses immediately prior to the present
address of the applicant as stated in Subsections (a)(3)a and (a)(3)b
of this section.
(5)
The individual or partnership applicant's height, weight, color
of eyes and hair, and gender.
(6)
Social security number, driver's license number, if any, and
date of birth.
(7)
One portrait photograph of the applicant; if the applicant is
a corporation, one portrait photograph of all officers and managing
agents of the corporation; if the applicant is a partnership, one
front-face portrait photograph of each partner, including any limited
partner.
(8)
The business, occupation, or employment of the applicant for
three years immediately preceding the date of the application, including
the name, address, and telephone number of any and all employers.
(9)
The massage or similar business history of the applicant stating
whether such person previously operated in this or another City or
state, and whether such person has had a business license revoked
or suspended or denied, the reason, and the business activity or occupation
subsequent to such action of suspension, revocation, or denial.
(10)
All criminal convictions, other than misdemeanor traffic violations,
including the dates of convictions, the nature of the crime, and the
place convicted.
(11)
The name and address of each person who is or shall be employed
in the establishment for the purpose of practicing massage.
(12)
The applicant must furnish a diploma or certificate of graduation
from a recognized school or massage school or other evidence of training
in the massage area; however, if the applicant will not engage in
the practice of massage, he or she need not possess such diploma or
certificate of graduation.
(13)
The name and address of any massage business or other establishment
owned or operated by any person whose name is required to be given
in Subsection (a)(3) of this section wherein the business or profession
of massage is carried on.
(14)
A description of any other business to be operated on the same
premises or on adjoining premises owned or controlled by the applicant.
(15)
Authorization for the City, its agents, or employees to seek
information and conduct an investigation into the truth of the statements
set forth in the application and the qualifications of the applicant
for the permit.
(16)
The names, current addresses, and written statements of at least
three permanent residents of the United States that the applicant
is of good moral character. If the applicant is able, the statement
must first be furnished from residents of the City, then the county,
then the state and lastly from the rest of the United States. These
references must be persons other than relatives and business associates.
(b)
All information required by this section shall be provided at the
applicant's expense.
(c)
Upon completion of the application form and the furnishing of all information required in Subsection (a) of this section, the City shall accept the application for the necessary investigations. The applicant shall notify the City of each change in any of the data required to be furnished by this section within 10 days after such change occurs.
(d)
Massage establishment licenses shall be renewable annually.
[Code 1992, § 18-605; 8-12-1996 by Ord. No. 1103]
(a)
Every applicant for a massagist permit shall file an application
under oath with the City Clerk's office upon a form provided by the
City and shall pay a nonrefundable application investigation fee as
recommended by the City Clerk and set by the City Council through
resolution. The application fee must be reasonably related to costs
of processing such application. The application shall contain the
following information:
(1)
The business address and all telephone numbers where the massage
practice is to be located.
(2)
The name and residence address and all names, nicknames and
aliases by which the applicant has been known, including the two previous
addresses immediately prior to the present address of the applicant.
(3)
Identification as follows:
a.
United States passport, certificate of United States citizenship,
certificate of naturalization, unexpired foreign passport with attached
employment authorization, or alien registration card with photograph;
or
b.
A state-issued driver's license or a state-issued ID card with
a photograph or information including name, sex, date of birth, height,
weight, and color of eyes; or U.S. military card and original social
security number card; a certified birth certificate issued by a state,
county or municipal authority; or unexpired INS (Immigration and Naturalization
Service) employment authorization.
(4)
The applicant's weight, height, color of hair and eyes, and
sex.
(5)
A complete statement of all the applicant's convictions for
any felony or misdemeanor or violation of a local ordinance, except
misdemeanor traffic violations.
(6)
Two front-face photographs taken within 30 days of the date
of the application.
(7)
The name and address of the recognized school or massage school
attended, the dates attended, and a copy of the diploma or certificate
of graduation awarded the applicant or other evidence of appropriate
training.
(8)
The massage or similar business history and experience 10 years
prior to the date of the application, including but not limited to
whether or not such person was previously operating in this or another
City or state under license or permit and whether or not such person
has had such license or permit denied, revoked, or suspended and the
reasons therefor and the business activities or occupations subsequent
to such action of denial, suspension or revocation.
(9)
The names, current addresses, and written statements of at least
five permanent residents, other than relatives, of the United States
that the applicant is of good moral character. If the applicant is
able, the statement must first be furnished from residents of the
City, then the county, then the state and lastly from the rest of
the United States. These references must be persons other than relatives
and business associates.
(10)
Authorization for the City, its agents, or employees to seek
information and conduct an investigation into the truth of the statements
set forth in the application and the qualifications of the applicant
for the permit.
(11)
A written declaration by the applicant, under penalty of perjury,
that the information contained in the application is true and correct,
such declaration being duly dated and signed.
(b)
All information required by this section shall be provided at the
applicant's expense.
(c)
Upon completion of the application form and the furnishing of all information required in Subsection (a) of this section, the City shall accept the permit application for the necessary investigations. The applicant shall notify the City of each change in any of the data required by this section within 10 days after such change occurs.
(d)
Massagist permits shall be renewable annually.
[Code 1992, § 18-606; 8-12-1996 by Ord. No. 1103]
(a)
Submission of application. Any applicant for a license or permit
required pursuant to this article shall present to the City Clerk's
office the application containing the required information.
(b)
Investigation. Upon receipt of such application in the City Clerk's
office, the application will be referred to the Director of Public
Safety, Fire Chief, Public Works Director, Planning Director, or other
such City employees as designated by the City Manager who shall perform
an investigation of the persons and/or premises.
(c)
Recommendation of Director of Public Safety. The Director of Public
Safety shall recommend denial or approval of an application for the
license or permit within 30 days. In making such determination, the
Director of Public Safety shall consider the following:
(1)
Penal history. All the applicant's convictions, the reasons
therefor, and the demeanor of the applicant subsequent to his or her
release.
(2)
License and permit history. The license and permit history of
the applicant and his or her employees; whether such person previously
operated in this City or state or in another state under a license
or permit; whether such person has had such license or permit revoked
or suspended and the reasons for such action.
(d)
Inspection of premises. For a license application, the Divisions
of Inspection, including but not limited to the Building Inspector,
Electrical Inspector, Plumbing Inspector, Department of Public Safety,
Fire Department and Health Inspector, shall inspect the premises proposed
to be devoted to the massage establishment or similar business and
shall within 30 days make recommendations to the City Manager or designee
concerning compliance with the requirements of this article and all
other applicable City ordinances and/or state statutes or regulations.
A search warrant to inspect the premises shall be sought by the City
Attorney when there is a refusal of entry to perform any such inspection.
(e)
Continued compliance. Applicants for massage establishment licenses
shall continue to comply with all applicable state statutes and regulations
and other applicable City ordinances. Failure of such compliance or
variance from the application presented shall result in the refusal
by the City Clerk to renew a license or in revocation of the license.
[Code 1992, § 18-607; 8-12-1996 by Ord. No. 1103]
The City Clerk shall direct a license be issued for a massage
establishment or massage permit be issued for persons practicing massage
if all requirements for a massage establishment or massagist permit
described in this article are met, unless the Clerk finds:
(1)
The correct permit or license fee has not been tendered to the City
and, if a check or bank draft is given, honored with payment upon
presentation.
(2)
The operation, as proposed by the applicant, if permitted, would
not comply with all applicable laws, including but not limited to
the City's building, zoning, or health ordinances.
(3)
The applicant, if an individual; any of the stockholders holding
more than 10% of the stock of the corporation; any of the officers
or directors, if the applicant is a corporation; any of the partners,
including limited partners, if the applicant is a partnership; or
other person principally in charge of the operation of the business
has been convicted of any of the following offenses within or without
the state:
a.
An offense involving the use of force and violence upon the person
of another that amounts to a felony.
b.
An offense involving sexual misconduct.
c.
An offense involving narcotics, dangerous drugs, or dangerous weapons
that amounts to a felony.
A license or permit may be issued to any person convicted of
any crimes described in Subsection (3)a, (3)b or (3)c of this section
if it is found that such conviction occurred at least five years prior
to the date of the application and the applicant has had no subsequent
felony convictions of any nature and no subsequent misdemeanor convictions
for crimes mentioned in this subsection.
(4)
The applicant has knowingly made any false or fraudulent statement
of fact in the permit application or in any document required by the
City in conjunction with the application process.
(5)
The applicant has had a massage business, massage permit, or other
similar permit or license denied, revoked or suspended by the City
or any other similar permit or license denied, revoked, or suspended
by the City or any other local, county, or state agency within five
years prior to the date of the application.
(6)
The applicant, if an individual; any of the officers and directors,
if the applicant is a corporation; any of the partners, including
limited partners, if the applicant is a partnership; and the manager
or other person principally in charge of the operation of the business
is not over the age of 18 years.
(7)
The location proposed and/or methods of operation have or will detrimentally
and unreasonably impact nearby property owners, businesses and residents.
(8)
The applicant presently owes a debt to the City by way of unpaid
taxes, judgments, fines, tickets or otherwise.
[Code 1992, § 18-608; 8-12-1996 by Ord. No. 1103]
(a)
The City shall act to approve or deny an application for a license
or permit required under this article within a reasonable period of
time, and in no event shall action to approve or deny the license
or permit take place later than 90 days from the date the application
was accepted by the City Clerk's office.
(b)
If the City Clerk is satisfied that all the criteria set forth in
this article for a license or permit has been met, the Clerk shall
approve the application and issue a license or permit.
(c)
The license year shall be the period from the date the license is
issued to the next September 30, unless otherwise provided. All licenses
and permits issued shall expire on September 30 unless previously
revoked.
[Code 1992, § 18-609(a) - (c); 8-12-1996 by Ord. No. 1103]
(a)
Every person practicing massage shall have available for immediate
display the permit required by this article.
(b)
Every individual, corporation, partnership, or association licensed
under this article shall display such license in a prominent place
on the premises of the licensed massage establishment.
(c)
Licenses and permits shall be produced when requested to do so by
any representative of the City, the county, or the State Police Department
or health agency.
[Code 1992, § 18-609(d); 8-12-1996 by Ord. No. 1103]
Any applicant denied approval of a license or permit under this
article may, within five days of the date of denial, request in writing
the City Manager or designee review the application, stating the reasons
the application should be approved. The City Manager or designee may
deny, approve, or approve with special conditions any such application
within 14 days from the date of the request for review.
[Code 1992, § 18-610; 8-12-1996 by Ord. No. 1103]
(a)
The application to renew a license to operate a massage establishment
or similar business or a massagist permit shall be filed at least
45 days prior to the date of expiration. Such renewal shall be annual
and shall be accompanied by the annual fee as recommended by the City
Clerk and adopted by the City Council through resolution. The renewal
fee shall be reasonably related to the City's costs for processing
and investigation.
(b)
The applicant shall present a sworn affidavit by the applicant stating
that the matters contained in the original application have not changed
or, if they have changed, specifically stating the changes which have
occurred.
(c)
The application shall be referred to the Director of Public Safety
or designee who shall review and investigate the information provided
in the renewal application.
[Code 1992, § 18-611; 8-12-1996 by Ord. No. 1103]
(a)
Each establishment within the City for which a massage establishment
license is granted shall be operated and maintained in accordance
with all applicable laws and regulations of the City and the state.
[Code 1992, § 18-612; 8-12-1996 by Ord. No. 1103]
(a)
No license or permit issued pursuant to this article may be suspended,
revoked, or denied renewal until after due notice and hearing before
the City Clerk and Director of Public Safety or designee or other
persons as assigned by the City Manager to determine if grounds for
revocation, suspension, or to deny renewal exist.
(b)
Notice of the hearing on the license revocation, suspension or denied
renewal shall be served in writing at least 10 days prior to the date
of the hearing. Service shall be made upon the person in charge of
the massage establishment by serving notice on the licensee or by
serving notice by first class mail at the address on the license application
and by posting the notice upon the entrance to the massage establishment.
(c)
Notice of the hearing for permit revocation, suspension or denied
renewal shall be served in writing at least 10 days prior to the date
of the hearing. Service shall be made on the massage permit holder.
(d)
The notice of hearings shall contain the following:
(1)
The date, time and place of the hearing.
(2)
A statement of the proposed action.
(3)
The reasons for the proposed action.
(4)
The names of witnesses known at the time who will be present.
(5)
A statement that the licensee or permittee may present evidence
on his or her behalf.
(6)
A statement requiring the licensee or permittee to notify the
City Clerk's office at least three days prior to the hearing date
if he or she intends to contest the proposed action and to provide
the names of witnesses known at that time who will speak on the licensee's
or permittee's behalf.
(e)
Written notice of the revocation, suspension, or denied renewal,
together with the reasons therefor, shall be served by the City Clerk
to the licensee's or permittee's last known business address. The
licensee or permittee may appeal the decision to the City Manager
within 10 days after the decision revoking, suspending, or denying
renewal. The City Manager may grant a license or permit following
review of the written appeal.
[Code 1992, § 18-613; 8-12-1996 by Ord. No. 1103]
(a)
The City Clerk shall revoke, suspend, or deny renewal of a license
issued pursuant to this article upon a determination based upon the
evidence presented at the hearing that any of the following exists:
(1)
Failure to comply with all standards, plans or agreements entered
into in consideration for the issuance, transfer or continuance of
the license or failure to comply with all agreements or consent judgments
entered into subsequent to the issuance of the license.
(2)
Violations of state laws or local ordinances concerning health,
safety, moral conduct or public welfare.
(3)
Maintenance of a nuisance upon or in connection with the licensed
premises, including but not limited to any of the following:
a.
Existing violations of building, electrical, mechanical, plumbing,
zoning, health, fire or other applicable regulatory codes.
b.
A pattern of patron conduct in the neighborhood of the licensed
premises which is in violation of the law and/or disturbs the peace,
order and tranquility of the neighborhood.
c.
Failure to maintain the grounds and exterior of the licensed
premises, including litter, debris or refuse blowing or being deposited
upon adjoining properties.
d.
Activity on the licensed premises without a permit and/or activity
which disturbs the peace, order and tranquility in the neighborhood
of the licensed premises.
e.
Any advertising, promotion or activity in connection with the
licensed premises which by its nature causes, creates or contributes
to disorder; contributes to disobedience to rules, ordinances or laws;
or contributes to the disruption of normal activity of those in the
neighborhood of the licensed premises.
(4)
Failure by the licensee to allow inspection of the licensed
premises by the City's agents or employees in connection with the
enforcement of this article.
(b)
In addition to Subsection (a) of this section, the City Clerk shall revoke, suspend, or deny renewal of a license based upon the following considerations:
(1)
License approval shall be subject to applicable provisions of
existing policy for new license applicants.
(2)
Compliance with all standards and plans established and approved
at the time of issuance is required.
(3)
For tax considerations:
a.
All licensees shall be responsible for paying all real property
taxes, personal property taxes, income taxes, and other bills due
the City arising from their use of the massage establishment by their
due dates each year.
b.
All licensees renting or leasing the property in which the business
is located shall be responsible for paying all taxes and other bills
due to the City arising from their use of property by their due dates
each year.
[Code 1992, § 18-614; 8-12-1996 by Ord. No. 1103]
The City Clerk shall revoke, suspend, or deny renewal of a massagist
permit upon a determination based upon the evidence presented at the
hearing that any of the following exists:
(1)
Failure to comply with all standards, plans or agreements entered
into in consideration for the issuance, transfer or continuance of
the permit or failure to comply with all agreements or consent judgments
entered into subsequent to the issuance of the permit.
(2)
Violations of state laws or local ordinances concerning health, safety,
moral conduct or public welfare.
(3)
For tax considerations, all permittees shall be responsible for paying
all real property taxes, personal property taxes, income tax and other
bills due the City by their due dates each year.
[Code 1992, § 18-615; 8-12-1996 by Ord. No. 1103]
No license to conduct a massage establishment shall be issued
unless City inspectors reveal that the establishment complies with
each of the following minimum requirements:
(1)
All provisions of the City building, plumbing, fire, electrical,
mechanical, and health codes have been fulfilled.
(2)
A readable sign shall be posted at the main entrance identifying
the establishment as a massage establishment, and otherwise all signs
shall comply with sign requirements set forth by City ordinance.
(3)
During business hours, the premises shall remain open, and no exits,
entrances or secondary doorways shall be locked or obstructed in any
way to prevent the immediate free ingress or egress of persons.
(4)
Adequate bathing, dressing, locker and toilet facilities shall be
provided.
(5)
The premises shall have adequate equipment for disinfecting and sterilizing
nondisposable instruments and materials used in administering massages.
Such nondisposable instruments and materials shall be disinfected
after use on each patron.
(6)
Closed cabinets shall be provided and used for the storage of clean
linen, towels and other materials used in connection with administering
massages. All soiled linens, towels and other materials shall be kept
separate from the clean storage areas. No common use of towels or
linens shall be permitted.
[Code 1992, § 18-616; 8-12-1996 by Ord. No. 1103]
(a)
Every portion of the massage establishment, including appliances
and apparatus, shall be kept clean and operated in a sanitary condition.
(b)
Price rates for all services shall be prominently posted in the reception
area in a location available to all prospective customers.
(c)
The premises shall not be made available for accommodating any person
as sleeping quarters. No beds, water mattresses, cots, or equipment
designed for sleeping shall be permitted on the premises.
(d)
All massage establishments shall be provided with clean laundered
sheets and towels in sufficient quantity, and sheets and towels shall
be laundered after each use thereof and stored in a sanitary manner.
(e)
No massage establishment granted a license under this article shall
place, publish, or distribute or cause to be placed, published, or
distributed any advertisement, picture, or statement which is known
or through the exercise of reasonable care should be known to be false,
deceptive, or misleading in order to induce any person to purchase
or utilize any professional massage services.
[Code 1992, § 18-617; 8-12-1996 by Ord. No. 1103]
No person shall permit any person under the age of 18 years,
whether as an employee or otherwise, to be present or remain on the
premises of any massage establishment unless written consent has been
provided by the parent or guardian of the person under the age of
18 years.
[Code 1992, § 18-618; 8-12-1996 by Ord. No. 1103]
No person shall sell, give, dispense, provide or keep or cause
to be sold, given, dispensed, provided or kept any alcoholic liquor
on the premises of any massage establishment.
[Code 1992, § 18-619; 8-12-1996 by Ord. No. 1103]
No massage business shall be kept open for any purposes between
the hours of 11:00 p.m. and 7:00 a.m.
[Code 1992, § 18-620; 8-12-1996 by Ord. No. 1103]
No person shall employ any other person to practice massage
unless the employee has obtained and has in effect a permit issued
pursuant to this article.
[Code 1992, § 18-621; 8-12-1996 by Ord. No. 1103]
The Director of Public Safety or other authorized inspectors from the City may at reasonable times during business hours make inspection of each massage business establishment for the purpose of determining compliance with this article, subject to the warrant requirements of § 12-291(d).
[Code 1992, § 18-622; 8-12-1996 by Ord. No. 1103]
(a)
It shall be unlawful for any person in a massage establishment to
touch, fondle or massage the sexual or genital parts of another person
or any portion thereof for purposes of sexual arousal or gratification.
(b)
It shall be unlawful for any person in a massage establishment to
touch, fondle or massage his or her sexual or genital parts or any
portion thereof for purposes of sexual arousal or gratification of
any other person.
(c)
It shall be unlawful for any person in a massage establishment to
expose his or her sexual or genital parts or any portion thereof for
purposes of sexual arousal or gratification of any other person.
(d)
It shall be unlawful for any person in a massage establishment to
expose his or her sexual or genital parts or any portion thereof to
any other person for purposes of his or her own sexual gratification.
(e)
It shall be unlawful for any employee, while in the presence of any
other person in a massage establishment, to fail to conceal the sexual
or genital parts of his or her body with a fully opaque covering.
(f)
It shall be unlawful for any person owning, operating or managing
a massage establishment to permit any agent, employee or any other
person under his or her control or supervision to perform such acts
prohibited in this section.
(g)
Any violation of this section shall be deemed grounds for revocation
of the permit or license granted pursuant to this article.
[Code 1992, § 18-623; 8-12-1996 by Ord. No. 1103; 3-27-2006 by Ord. No. 1263; 6-26-2017 by Ord. No. 17-005]
A massage establishment shall not be located within 1,000 feet of a property line of another massage establishment or within 150 feet measured from the nearest lot lines of residentially zoned property, churches or schools unless a zoning variance has been approved or it is located within a professional office with a special use permit, as defined in § 52-4. In addition, massage establishments must comply with all other applicable City zoning ordinances. A massage establishment existing as of the effective date of the ordinance from which this article is derived shall be deemed in compliance with this section.
[Code 1992, § 18-624; 8-12-1996 by Ord. No. 1103]
Upon sale, transfer or relocation of a massage establishment,
the license therefor shall be null and void. It shall be the duty
of all owners or licensees having knowledge of the sale, transfer,
or relocation of a massage establishment to immediately report such
sale, transfer or relocation to the City Clerk's office. The failure
to do so shall result in an immediate suspension of all business.
[Code 1992, § 18-625; 8-12-1996 by Ord. No. 1103]
No person granted a license pursuant to this article shall operate
the massage establishment under a name not specified in the license,
nor shall the person conduct business under any designation or location
not specified in the license.
[Code 1992, § 18-626; 8-12-1996 by Ord. No. 1103]
No license or permit issued pursuant to this article shall be
transferable.
[Code 1992, § 18-627; 8-12-1996 by Ord. No. 1103]
Any person, except those who are specifically exempted by this
article, whether acting as an individual, owner, employee of the owner,
operator or employee of the operator or whether acting as a mere agent
or independent contractor for the owner, employee or operator or acting
as a participant or worker in any way directly or indirectly who gives
massages or operates a massage establishment or any service defined
in this article without first obtaining a license or permit and paying
a fee to do so from the City or shall violate any section of this
article shall, upon conviction, be deemed guilty of a misdemeanor
and shall constitute a public nuisance and nuisance per se.
