[CC 1985 § 16-46; Ord. No. 5600 § 2, 8-4-1980]
No person shall practice massage therapy as a massage therapist,
employee or otherwise, unless he/she has a valid and subsisting massage
therapist's permit issued to him by the City pursuant to the
provisions of this Article.
[CC 1985 § 16-47; Ord. No. 5600 § 5, 8-4-1980]
A.
Application for a massage therapist's business permit
shall be made to the City Clerk in the same manner as provided above
for massage business licenses, accompanied by the annual nonrefundable
massage therapist's permit fee of two hundred dollars ($200.00)
per year or any part thereof. The application shall contain but not
be limited to the following:
1.
The business address and all telephone numbers
where the massage therapy is to be practiced;
2.
Name and residence address, and all names, nicknames
and aliases by which the applicant has been known, including the two
(2) previous addresses immediately prior to the present address of
the applicant;
3.
Social security number, driver's license
number, if any, and date of birth;
4.
Applicant's weight, height, color of hair
and eyes, and sex;
5.
Written evidence that the applicant is at least
eighteen (18) years of age;
6.
A complete statement of all convictions of the
applicant for any felony or misdemeanor or violation of a local ordinance,
except misdemeanor traffic violations;
7.
Fingerprints of the applicant taken by the Police
Department;
8.
Two (2) front-face portrait photographs taken
within thirty (30) days of the date of application and at least two
(2) inches by two (2) inches in size;
9.
The name and address of the recognized school
attended, the dates attended and a copy of the diploma or certificate
of graduation awarded the applicant showing the applicant has completed
not less than seventy (70) hours of instruction;
10.
The massage therapy or similar business history
and experience ten (10) years prior to the date of application, including
but not limited to whether or not such person in previously operating
in this or another City or State under license or permit 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;
11.
The names, current addresses and written statements
of at least five (5) bona fide permanent residents, other than relatives,
of the City that the applicant is of good moral character;
12.
A medical certificate signed by a physician,
licensed to practice in the state, within seven (7) days of the date
of the application. The certificate shall state that the applicant
was examined by the certifying physician and that the applicant is
free of communicable disease. The additional information required
by this Subsection shall be provided at the applicant's expense;
13.
Such other information, identification and physical
examination of the person deemed necessary by the Chief of Police
in order to discover the truth of the matters hereinbefore required
to be set forth in the application;
14.
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;
15.
Written declaration by the applicant, under
penalty of perjury, that the foregoing information contained in the
application is true and correct, such declaration being duly dated
and signed in the City.
[CC 1985 § 16-48; Ord. No. 5600 § 8, 8-4-1980]
The City shall waive the requirements of a recognized school and Section 620.260(A)(9) if the applicant furnishes satisfactory evidence that he or she attended not less than seventy (70) hours of instruction in a school within or without this State or in any foreign country that provides education substantially equal to or in excess of the educational requirements of this Chapter.
[CC 1985 § 16-49; Ord. No. 5600 § 6, 8-4-1980]
A.
The City shall issue a permit for a massage therapist,
upon resolution by the City Council if all requirements for a massage
therapist permit described in this Chapter are met unless it finds:
1.
The correct permit 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 Been Convicted Of Certain Offenses.
a.
The applicant 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 permit 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 is not over the age of eighteen
(18) years.
[CC 1985 § 16-50; Ord. No. 5600 § 7, 8-4-1980]
The City Council shall act to approve or deny an application
for a permit under this Article within a reasonable period of time
and in no event shall the City act to approve or deny the permit later
than one hundred twenty (120) days from the date that the application
was accepted by the City Clerk. Every permit 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 § 16-51; Ord. No. 5600 § 10, 8-4-1980]
Every massage therapist shall post the permit required by this
Article in his work area.
[CC 1985 § 16-52; Ord. No. 5600 § 11, 8-4-1980]
The licensee or persons designated by the licensee of a massage
business shall maintain a register of all persons employed at any
time as massage therapists and their permit numbers. Such register
shall be available at the massage business to representatives of the
City during regular business hours.
[CC 1985 § 16-53; Ord. No. 5600 § 24, 8-4-1980]
No permit 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 620.260. The written application for such transfer shall contain the same information as requested herein for initial application for the permit.
[CC 1985 § 16-54; Ord. No. 5600 § 13, 8-4-1980]
A massage therapist permit issued by the City shall be revoked
or suspended where it appears that the massage therapist has been
convicted of any offense which would be cause for denial of a permit
upon an original application, has made a false statement on an application
for a permit, or has committed an act in violation of this Chapter.
