For the purposes of this chapter, the following
phrases and words shall have the meanings assigned below, except in
those instances when the context clearly indicates a different meaning:
EROGENOUS AREA
The pubic area, penis, scrotum, vulva, perineum or anus.
MASSAGE
A method of treating the external parts of the human body
by rubbing, stroking, kneading, tapping or vibrating with the hand
or any instrument for pay.
MASSAGE ESTABLISHMENT
Any establishment having a fixed place of business where
massages are administered for pay, including but not limited to massage
parlors, health clubs, sauna baths and steam baths. This definition
shall not be construed to include a hospital, nursing home, medical
clinic or the office of a physician, surgeon, chiropractor, osteopath
or physical therapist duly licensed by the commonwealth, nor barbershops
or beauty salons in which massages are administered only to the scalp,
face, neck or shoulder, nor hotels with at least twenty (20) rooms
available for transient guests. This definition shall not be construed
to include a volunteer fire department, a volunteer rescue squad or
a nonprofit organization operating a community center, swimming pool,
tennis court or other educational, cultural, recreational and athletic
facilities and facilities for the welfare of the residents of the
area.
MASSAGE TECHNICIAN
Any individual who administers a massage to another individual
at a massage establishment for pay. This definition shall not be construed
to include a physician, surgeon, chiropractor, osteopath, physical
therapist or nurse duly licensed by the commonwealth.
PERSON
Any individual, firm, partnership, corporation, company,
association or joint-stock association.
It is hereby declared that the Council has found
that the unregulated proliferation of massage establishments fosters
the spread of communicable diseases and facilitates the use of the
premises for lewd displays and prostitution, and therefore, the Council
declares that the licensing of massage establishments is required
to protect the public health, safety and general welfare.
Every person conducting or engaging in business
as a massage establishment shall pay an annual permit fee of $100,
which permit must be renewed one (1) year from date of issue. Such
fee shall not be in lieu of and shall be in addition to any business
tax required to be paid pursuant to any ordinance of the city.
Each application for a massage establishment
permit shall be upon a form provided by the Chief of Police and shall
be submitted to the Chief of Police. Each such form shall contain
the following information:
A. A description of the facilities and services to be
available on the premises of the proposed establishment.
B. The location and mailing address of each applicant.
C. The name and residence address of each applicant;
if the applicant is an association or partnership, the names and residence
addresses of each of the associates or partners; 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 ten percent (10%) of the stock of the corporation;
if one (1) or more of the stockholders owning more than ten percent
(10%) of the applicant corporation is itself a corporation and owns
thirty-three percent (33%) of the stock of the applicant corporation,
the names and residence addresses of each of the officers and directors
of the corporation and of each stockholder owning more than ten percent
(10%) of the stock of the corporation.
D. If the applicant is an individual, all other residences
of the applicant for the three-year period immediately prior to the
application; if the applicant is an association or a partnership,
the names and residence addresses of each associate partner for the
three-year period immediately prior to the application; if the applicant
is a corporation, all the residences for a three-year period of each
of the officers and directors of the corporation and of each stockholder
owning more than ten percent (10%) of the stock of the corporation.
E. If the applicant is an individual, written proof that
the applicant is eighteen (18) years of age or older; if the applicant
is a partnership, written proof that each partner is eighteen (18)
years of age or older; if the applicant is a corporation, written
proof that each of the officers and directors of the corporation and
of each stockholder owning more than ten percent (10%) of the stock
of the corporation is eighteen (18) years of age or older.
F. If the applicant is an individual, a complete set
of the applicant's fingerprints; if the applicant is an association
or partnership, a complete set of each associate's or partner's fingerprints;
if the applicant is a corporation, a complete set of fingerprints
of each of the officers and directors of the corporation and of each
stockholder owning more than ten percent (10%) of the stock of the
corporation; if one (1) or more of the stockholders owning more than
ten percent (10%) of the applicant corporation is itself a corporation,
a complete set of fingerprints of each of the officers and directors
of the corporation and of each stockholder owning more than ten percent
(10%) of the stock of the corporation. The fingerprints shall be taken
by the Chief of Police or his agent.
G. If the applicant is an individual, the business, occupation
or employment of the applicant for the three-year period immediately
preceding the date of the application; if the applicant is an association
or partnership, the business, occupation or employment of each associate
or partner for the three-year period immediately prior to the date
of the application.
H. The history of the applicant in the operation of massage
establishments or similar business or occupation, including but not
limited to whether or not such person, in previously operating in
this or another city or state under license, has had such permit revoked
or suspended and the reason therefor, and the business activity or
occupation subsequent to such action of suspension or revocation.
I. The criminal record, if any, other than misdemeanor
traffic violations, of the applicant; if the applicant is an association
or partnership, the criminal record of each associate or partner;
if the applicant is a corporation, the criminal record of each officer
or director of the corporation and each of the stockholders owning
more than ten percent (10%) of the stock of the corporation; if one
(1) or more of the stockholders owning more than ten percent (10%)
of the applicant corporation is itself a corporation and owns thirty-three
percent (33%) of the stock of the applicant corporation, the criminal
record of each of the officers and directors of the corporation and
of each stockholder owning more than ten percent (10%) of the stock
of the corporation.
Every person conducting or engaging in the administration
of massages in a massage establishment shall pay an annual permit
fee of twenty-five dollars ($25.), which permit shall be renewed one
(1) year from date of issue. The fee shall not be in lieu of and shall
be in addition to any business tax required to be paid pursuant to
any ordinance of the city. The permittee must submit a certificate
to be issued by the Health Officer, and these health certificates
shall be valid for twelve (12) months. These certificates shall be
issued upon such conditions as the Health Officer may deem reasonable
and proper under this chapter.
Each application for a massage technician permit
shall be upon a form provided by the Chief of Police. Each such form
shall contain the following information:
A. The applicant's full name, residence address and residence
telephone number.
B. The name and address of the massage establishment
where the applicant is to be employed and the name of the owner of
the same.
C. The names and addresses of any and all previous massage
establishments where the applicant has been employed as a massage
technician.
D. The criminal record, if any, other than misdemeanor
traffic violations, of the applicant.
E. Whether any permit to perform as a massage technician
has previously been denied the applicant or revoked and, if so, the
circumstances of such denial or revocation.
F. A complete set of the applicant's fingerprints which
shall be taken by the Chief of Police or his agent.
G. Written proof that the applicant is eighteen (18)
years of age or older.
No permit issued under this chapter shall be
transferable from one person to another.
A change of location of a licensed massage establishment
may be approved by the Chief of Police, provided that all applicable
provisions of this chapter are complied with and a change of location
fee of fifty dollars ($50.) has been paid.
The Health Officer, the Code Enforcement Officer,
the Fire Chief, the Chief of Police and the Zoning Officer are hereby
authorized to enter, examine and survey during business hours any
premises in the city for which a massage establishment permit has
been issued pursuant to this chapter for the purpose of enforcing
the provisions of this chapter and for no other official purposes.
This section shall not restrict or limit the right of entry vested
in any law enforcement agency.
[Amended 12-12-1994 by Ord. No. 527]
Whoever violates any provision of this chapter
shall be fined not more than six hundred dollars ($600.), plus costs,
or, in default of fine and costs, be imprisoned not more than ninety
(90) days.