[CC 1985 § 16-26; Ord. No. 5600 § 2, 8-4-1980]
No person shall engage in or carry out the business of massage
therapy unless he/she has a valid massage business license issued
by the City pursuant to the provisions of this Article for each and
every separate establishment or place of business conducted by such
person.
[CC 1985 § 16-27; Ord. No. 5600 § 4, 8-4-1980]
A.
Every applicant for a license to maintain, operate or conduct
a massage business shall file an application under oath with the City
Clerk upon a form to be promulgated by the City Clerk in accordance
with this Chapter, and pay a nonrefundable annual license fee of four
hundred dollars ($400.00) per year or any part thereof. The application,
once accepted, shall be referred to the Chief of Police for investigation.
Copies of the application shall within five (5) days also be referred
to the building official who shall within thirty (30) days cause an
inspection to be made of the premises proposed to be operated as a
massage business and shall make written verification to the City Clerk
concerning compliance with the codes of the City. Each application
shall contain the following information:
1.
A definition of service to be provided;
2.
The location, mailing address and all telephone
numbers where the business is to be conducted;
3.
The name and residence address of each applicant
(hereinafter all provisions which refer to applicant include an applicant
which may be a corporation or partnership):
a.
If 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, and the address of the corporation itself,
if different from the address of the massage business;
b.
If applicant is a partnership, the names and residence
addresses of each of the partnership, the names and residence addresses
of each of the partners including limited partners, and the address
of the partnership itself, if different from the address of the massage
business.
4.
The two (2) previous addresses immediately prior
to the present address of the applicant;
5.
Proof that the applicant is at least eighteen
(18) years of age;
6.
Individual or partnership applicant's height,
weight, color of eyes and hair and sex;
7.
Positive identification such as driver's
license or social security card;
8.
One portrait photograph of the applicant at least
two (2) inches by two (2) inches and a complete set of applicant's
fingerprints which shall be taken by the Police Department. If the
applicant is a corporation, one portrait photograph at least two (2)
inches by two (2) inches of all officers and managing agents of said
corporation and a complete set of the same officers' and agents'
fingerprints which shall be taken by the Police Department. If the
applicant is a partnership, one (1) front-face portrait photograph
at least two (2) inches by two (2) inches in size of each partner,
including a limited partner in said partnership, and a complete set
of each partner's or limited partner's fingerprints which
shall be taken by the Police Department;
9.
Business, occupation or employment of the applicant
for the three (3) years immediately preceding the date of application;
10.
The massage therapy or similar business license
history of the applicant; whether such person, is previously operating
in this or another City or State has had a business license revoked
or suspended, the reason therefor, and the business activity or occupation
subsequent to such action of suspension or revocation;
11.
All criminal convictions other than misdemeanor
traffic violations, including the dates of convictions, nature of
the crimes and place convicted;
12.
The name and address of each massage therapist
who is or will be employed in the establishment;
13.
Applicant must furnish a diploma or certificate
of graduation from a recognized school or other institution of learning
wherein the method, profession and work of massage therapy is taught;
provided, however, that if the applicant will not himself engage in
the practice of massage therapy as defined herein, he/she need not
possess such diploma or certificate of graduation from a recognized
school or other institution of learning wherein the method, profession
and work of massage therapy is taught;
14.
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) wherein the business or profession of massage therapy is carried on;
15.
A description of any other business to be operated
on the same premises or on adjoining premises owned or controlled
by the applicant;
16.
Authorization for the City, its agents and 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;
17.
Such other identification and information necessary
to discover the truth of the matters hereinbefore specified as required
to be set forth in the application;
18.
The names, current addresses and written statements
of at least three (3) bona fide permanent residents of the City. These
references must be persons other than relatives and business associates.
B.
Upon the completion of the above-provided form and the
furnishing of all foregoing information, the City Clerk shall accept
the application for the necessary investigations. The holder of a
massage business license shall notify the City Clerk of each change
in any of the data required to be furnished by this Section within
ten (10) days after such change occurs.
[CC 1985 § 16-28; Ord. No. 5600 § 6, 8-4-1980]
A.
The City shall issue a license for a massage business upon
resolution by the City Council if all requirements for a massage business
described in this Chapter are met unless it finds:
1.
The correct license fee has not been tendered
to the City, and, in the case of a check, or bank draft, 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 and health regulations;
3.
Applicant Having Conviction For Certain Offenses.
a.
The applicant, if an individual; or any of the
stockholders holding more than ten percent (10%) of the stock of the
corporation, any of the officers and directors, if the applicant is
a corporation; or any of the partners, including limited partners,
if the applicant is a partnership; or the manager or other person
principally in charge of the operation of the business; has been convicted
of any of the following offenses or convicted of an offense without
the state that would have constituted any of the following offenses
if committed within the State:
b.
The City may issue a license to any person convicted of any of the offenses described in Subsection A(3)(a)(1), (2) or (3) of this Section if it finds that such conviction occurred at least five (5) years prior to the date of the application and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor or ordinance violation convictions for offenses mentioned in this Subsection.
4.
The applicant has knowingly made any false, misleading
or fraudulent statement of fact in the permit application or in any
document required by the City in conjunction therewith;
5.
The applicant has had a massage business, massage
therapist or other similar permit or license denied, revoked or suspended
by the City or any other State or local agency within five (5) years
prior to the date of the application;
6.
The applicant, if an individual; or any of the
officers and directors, if the applicant is a corporation; or 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 eighteen
(18) years.
[CC 1985 § 16-29; Ord. No. 5600 § 14, 8-4-1980]
A.
No license to conduct a massage business shall be issued
unless an inspection by the City reveals that the establishment complies
with each of the following minimum requirements:
1.
Construction of rooms used for toilets, tubs,
steam baths and showers shall be made waterproof with approved waterproofed
materials and shall be installed in accordance with the Building Code
and Plumbing Code of the City:
a.
Steam rooms and shower compartments shall have
waterproof floors, walls and ceilings approved by the City.
b.
Floors of wet and dry heat rooms shall be adequately
pitched to one (1) or more floor drains properly connected to the
sewer. (Exception: Dry heat rooms with wooden floors need not be provided
with pitched floors and floor drains.)
c.
A source of hot water must be available within
the immediate vicinity of dry and wet heat rooms to facilitate cleaning.
2.
The premises shall have adequate equipment for
disinfecting and sterilizing non-disposable instruments and materials
used in administering massage therapy. Such non-disposable instruments
and materials shall be disinfected after use on each patron.
3.
Closed cabinets shall be provided and used for
the storage of clean linen, towels and other materials used in connection
with administering massage therapy. All soiled linens, towels and
other materials shall be kept in properly covered containers or cabinets,
which containers or cabinets shall be kept separate from the clean
storage areas.
4.
Toilet facilities shall be provided in convenient
locations. When employees and patrons of different sexes are on the
premises at the same time, separate toilet facilities shall be provided
for each sex. A single water closet per sex shall be provided for
each twenty (20) or more employees or patrons of that sex on the premises
at any one time. Urinals may be substituted for water closets after
one (1) water closet has been provided. Toilets shall be designated
as to the sex accommodated therein.
5.
Lavatories or washbasins provided with both hot
and cold running water shall be installed in either the toilet room
or a vestibule. Lavatories or washbasins shall be provided with soap
and a dispenser and with sanitary towels.
6.
All electrical equipment shall be installed in
accordance with the requirements of the Electrical Code of the City.
[CC 1985 § 16-30; Ord. No. 5600 § 9, 8-4-1980]
Should any massage business have more than one (1) location
within the City where the business of massage therapy is pursued,
then a permit, stating both the address of the principal place of
business, and of the other location may be issued by the City Council
upon the tender of a license fee of four hundred dollars ($400.00).
Licenses issued for other locations shall terminate on the same date
as that of the principal place of business, regardless of the date
of issuance.
[CC 1985 § 16-31; Ord. No. 5600 § 7, 8-4-1980]
The City Council shall act to approve or deny an application
for a license under this Article within a reasonable period of time
and in no event shall the City act to approve or deny the license
later than one hundred twenty (120) days from the date that the application
was accepted by the City Clerk. Every license issued pursuant to this
Article will terminate at the expiration of one (1) year from the
date of its issuance unless sooner suspended or revoked.
[CC 1985 § 16-32; Ord. No. 5600 § 23, 8-4-1980]
No person granted a license pursuant to this Article shall operate
the massage business under a name not specified in his license, nor
shall be conduct business under any designation or location not specified
in his license.
[CC 1985 § 16-33; Ord. No. 5600 § 10, 8-4-1980]
Every person licensed under this Article shall display such
a license in a prominent place.
[CC 1985 § 16-34; Ord. No. 5600 §§ 22, 24, 8-4-1980]
A.
No license shall be transferable except with the consent of the City Council. An application for such transfer shall be in writing and shall be accompanied by fees prescribed in Section 620.160. The written application for such transfer shall contain the same information as requested herein for initial application for the license.
B.
Upon sale, transfer or relocation of a massage business, the license therefor shall be null and void unless approved as provided in Section 620.170; provided, however, that upon the death or incapacity of the licensee or any co-licensee of the massage business, any heir or devisee of a deceased licensee, or any guardian of an heir or devisee of a deceased licensee, may continue the business of the massage business for a reasonable period of time not to exceed sixty (60) days to allow for an orderly transfer of the license.
[CC 1985 § 16-35; Ord. No. 5600 § 12, 8-4-1980]
Any license issued for a massage business may be revoked or
suspended by the City after notice and a hearing, for good cause,
or in any case where any of the provisions of this Chapter are violated
or where any employee of the licensee, including a massage therapist
is engaged in any conduct which violates any of the state or local
laws or ordinances at the licensee's place of business and the
licensee has actual or constructive knowledge by due diligence.
