For the purpose of this chapter, the following words shall have
the following meanings:
EMPLOYEE
Any and all persons, other than the masseurs or masseuses,
who render any service to the permittee and who have no physical contact
with customers and clients.
MASSAGE
Any method of pressure on or friction against or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating of
the external soft parts of the body with the hands or with the aid
of any mechanical or electrical apparatus or appliance with or without
any such supplementary aids as rubbing alcohol, liniments, antiseptics,
oils, powders, creams, lotions, ointments or other similar preparations
commonly used in this practice.
MASSAGE ESTABLISHMENT
Any establishment having a fixed business where any person,
firm, association or corporation engages in or carries on or permits
to be engaged in or carried on any of the activities mentioned under
the definition of "massage," and shall also include any business advertised
or listed under the heading "massage" and shall also include any massage
business operated on a house-call or out-call basis.
MASSEUR AND MASSEUSE
Any person who, for any consideration whatsoever, engages
in the practice of massage as herein defined.
RECOGNIZED SCHOOL
Any school or institution of learning which has, for its
purpose, the teaching of the theory, method, profession or work of
massage, which school requires a resident course of study of not less
than 70 hours, to be given in not more than three calendar months,
before the student shall be furnished with a diploma or certificate
of graduation from such school or institution of learning following
the successful completion of such course of study or learning.
This chapter shall not apply to schools, hospitals, nursing
homes, sanitoriums or persons holding an unrevoked certificate to
practice the healing arts under the laws of the state or to persons
working under the direction of any person or in any such establishment.
The Chief of Police or his designee or the Director of Public
Health may, after a public hearing, make and enforce reasonable rules
and regulations not in conflict with but to carry out the intent of
this chapter.
No person shall engage in, conduct or carry on or permit to
be engaged in, conducted or carried on in or upon any premises in
the city the operation of a massage establishment without first having
obtained a permit from the Chief of Police or his designee, after
approval by the Director of Health.
No permit shall be transferable except with the written consent
of the Chief of Police or his designee and the approval of the Department
of Public Health, provided that, upon the death or incapacity of the
permittee, the massage establishment may continue in business for
a reasonable period of time to allow for an orderly transfer of the
permit.
No person, including an applicant for a massage establishment
permit, shall engage in the practice of massage without first having
obtained a masseur or masseuse permit from the Chief of Police or
his designee upon a form provided by the Chief of Police. The applicant
shall pay a filing fee of $25 which shall not be refundable, as set
by the City Council.
The Chief of Police or his designee may issue a masseur or masseuse
permit within 21 days following application, unless he finds that
the applicant for the masseur or masseuse permit has been convicted
of:
B. An offense involving sexual misconduct with minors; or
C. Obscenity, keeping or residing in a house of ill fame, solicitation
of a lewd or unlawful act, prostitution or pandering.
The Police Department and the Department of Public Health shall,
at least twice a year, make an inspection of each massage establishment
in the city for the purposes of determining that the provisions of
this chapter are complied with. Such inspections shall be made at
a reasonable time and in a reasonable manner. No permittee shall fail
to allow such inspection officer access to the premises or hinder
such officer in any manner.
Every person, except persons who are specifically exempt by
this chapter, whether acting as an individual, owner, employee of
the owner, operator or employee of the operator or acting as a participant
or worker in any way, who gives massages or conducts a massage establishment
without first obtaining a permit and paying a license fee to the city
or who violates any of the provisions of this chapter shall be guilty
of a misdemeanor. Upon conviction, such person shall be punished by
a fine not to exceed $100 or by imprisonment for a period not to exceed
30 days, or by both such fine and imprisonment.