[Ord. No. 165 §1, 2-17-1976]
As used in this Chapter, the following terms shall have these
prescribed meanings:
A method of treating parts of the human body for comfort
or the general well-being of the body, consisting of rubbing, stroking,
kneading, tapping or vibrating with the hand or any instrument.
As used in this Chapter shall refer to the occupation of
maintaining for compensation any services of massage and body manipulation,
including exercises, and heat and light treatments of the body, and
all forms and methods of physiotherapy.
[Ord. No. 165 §2, 2-17-1976]
No person shall operate a massage establishment, as defined
herein, without first having obtained a license therefor approved
by the City License Inspector. Only one (1) such license shall be
required for such services at any one (1) location.
Before a City license to operate a massage establishment shall
be issued, the applicant shall have first been issued a State license
to operate a massage establishment.
[Ord. No. 165 §8, 2-17-1976]
Each person issued a license or permit hereunder is required
at all times to obey the laws of the City, State or Federal Governments.
Any conviction under such laws or Statutes, or the circumstances of
such violation regardless of conviction, may be grounds for suspension
or revocation of same.
[Ord. No. 165 §9, 2-17-1976; Ord. No. 166 §2, 4-19-1976]
A.
The operation
of any massage establishment shall be subject to the following regulations:
1.
Hours. Such establishment shall be closed and operations
shall cease between the hours of 1:30 A.M. and 6:00 A.M. each day.
Except Sunday, when such establishments shall be closed from 1:30
A.M. Sunday to 6:00 A.M. Monday.
2.
Separation of sexes. In any massage establishment it shall
be unlawful for customers of opposite sex to receive treatment in
the same room or the same quarters at the same time.
3.
Danger to safety, health. No service shall be given in any
massage establishment which is clearly dangerous or harmful in the
opinion of the City License Inspector to the safety or health of such
person, and after such notice in writing to the licensee from such
officer.
4.
Alcoholic beverages. No alcoholic beverages, nor the consumption
thereof, shall be allowed, permitted or suffered to be done in or
upon any premises licensed under the provisions of this Chapter.
5.
Conduct of premises. All operators licensed under the provisions
of this Chapter shall at all times be responsible for the conduct
of business on their licensed premises and for any act or conduct
of any of his/her employees which constitutes a violation of the provisions
of this Chapter or the regulations of the City License Inspector,
as authorized herein. Any violation of the City, State, or Federal
laws committed on the licensed premises by any such licensee or employee
affecting the eligibility or suitability of such person to hold a
license or permit may be grounds for suspension or revocation of same.
[Ord. No. 165 §10, 2-17-1976]
All business or activity provided for under this Chapter shall
be conducted and performed on the respective premises; provided however,
that massage establishment licensees or employees, at the direction
of a duly licensed physician, may perform their services in behalf
of a physically incapacitated patient in such patient's home, residence
or other designated place, or such licensee or employee may render
such treatment to persons who are bedfast or are so physically incapacitated
that it is impractical to provide same to such persons at a licensed
location, and provided further, that all such services so rendered
shall have received the prior approval of the City License Inspector.
[Ord. No. 165 §12, 2-17-1976]
A.
Authority. Any license or permit issued under the provisions
of this Chapter may be revoked or suspended upon the written preliminary
order of the City License Inspector for any violation of this Chapter
or other ordinance of the City, providing however, that the License
Inspector shall inform such revoked or suspended licensee or permittee
in such preliminary order adequately apprising such person of his/her
reasons for suspending or revoking the license or permit of such person
and the ordinance or regulations deemed violated.
B.
Hearing. Providing that the licensee or permittee within
ten (10) days after receipt of the preliminary order of revocation
or suspension shall file in the office of the License Inspector his/her
written application for a hearing, the License Inspector shall set
same and the preliminary order theretofore issued shall become stayed
pending the License Inspector's final order made after such hearing.
Such final order shall supersede the preliminary order and in such
order the License Inspector may affirm, decrease or enlarge the preliminary
penalty, or dismiss the proceedings in whole or in part. It shall
be unlawful for the licensee or permittee to engage in such occupation
during the period of suspension or revocation after the order of the
License Inspector shall have become final. Subpoenas to the hearings
shall be issued by the License Department for any person found within
the territorial jurisdiction of such department either at the instance
of the City or the licensee or permittee. Such subpoenas may be served
by the License Department or in any manner provided by law in these
cases. The return thereon shall be made in the same manner as required
in civil suits in the circuit courts of this State. Any witness failing
to appear in answer to such subpoena after being validly served, shall
be subject to arrest and conviction for such offense in the municipal
court upon the complaint of the said City License Inspector and the
warrant issued in pursuance thereto. Unless clearly and expressly
waived by the licensee or permittee upon the record or in writing,
no final order of the License Inspector made under the provisions
of this Chapter shall become operative until the expiration of ten
(10) days after rendition of same.
