[Ord. 2019-77]
The State of Iowa licenses massage therapists and businesses
in section 152C of the Iowa Code. State licensed massage therapists
and businesses offering therapy services perform an important service
in addressing the health and wellbeing of Davenport's residents. Unfortunately,
there are businesses that advertise they provide massage therapy and/or
therapeutic services, but actually engage in various illegal activities.
This Ordinance is not intended to discourage a legitimately licensed
massage therapist or massage therapy business from providing their/its
services in the City of Davenport. The purpose of this Ordinance is
to identify and address businesses that engage in the practice of
massage therapy without a license and/or are involved in illegal activities.
Businesses providing massage therapy yet conducting various types
of illegal activity are harmful to the Davenport community and the
massage therapy profession.
[Ord. 2019-77]
Means an individual who has a license issued by the State
of Iowa to perform massage therapy.
Means the same as it does in the massage therapy licensing
provision in the State Code found at section 152C.1 of the Code of
Iowa: performance for compensation of massage, myotherapy, massotherapy,
bodywork, bodywork therapy, or therapeutic massage including hydrotherapy,
superficial hot and cold applications, vibration and topical applications,
or other therapy which involves manipulation of the muscle and connective
tissue of the body, excluding osseous tissue, to treat the muscle
tonus system for the purpose of enhancing health, muscle relaxation,
increasing range of motion, reducing stress, relieving pain, or improving
circulation.
Means a place of business where "massage therapy" is practiced
or administered.
[Ord. 2019-77]
No person shall employ or contract with a person to perform
massage therapy unless the person is an LMT. No person shall perform
massage therapy unless the person is an LMT, unless exempted from
chapter 152C of the Code of Iowa. No person shall engage in or offer
to engage in the practice of massage therapy or use the initial "LMT"
or the words "licensed massage therapist", "massage therapist", "masseur",
"masseuse" or any other word or title that implied or represents that
a person practices massage therapy at the business, unless the person
possesses a license issued under the provision of section 152C.3 of
the Iowa Code.
[Ord. 2019-77]
Each massage therapist shall keep his/her license in possession
at all times while doing business in the City and shall, upon the
request of prospective customers or City official, exhibit the license
as evidence of compliance with all requirements of this subchapter.
[Ord. 2019-77]
A massage business shall immediately produce upon request by
City staff certain business information including:
A.
The name of business;
B.
Names of all LMTs employed or contracted by the business and their
State license numbers;
C.
Names and addresses of all other person who work on the business
premises whether employees or independent contractors of the business
along with a description of the work performed;
D.
Government issued photo identification card for all employees or
independent contractors of the business to verify and confirm identify
of individuals referenced in 5.24.050 (B) and (C);
E.
Name(s) of the business owner; and
F.
Name(s) and mailing address(es) of all individuals who have an ownership
interest in the business.
[Ord. 2019-77]
Massage Therapy Businesses shall not be open for business nor
shall patrons be permitted on the premises between the hours of 10:00
p.m. and 5:00 a.m.
[10-23-2019 by Ord. No. 2019-445; Ord. 2019-77]
A.
If the requested business information described in Section 5.24.050
is not immediately produced to City staff upon request, the business
premises may be placarded. If the business information that is produced
is either inaccurate or incomplete, the business may be placarded.
B.
If the City has probable cause that prostitution, as defined by Chapter
725 of the Iowa Code, or human trafficking, as defined by Chapter
710 of the Iowa Code, has occurred at a property providing massage
therapy, the business premises may be placarded.
C.
The Chief of Police, Neighborhood Services Director, or designee
shall place in a highly noticeable location a placard stating "Unlicensed
Massage Therapy. It is unlawful to provide or receive massage therapy
services at this location; and is subject to criminal and/or civil
penalty per Davenport Municipal Code Chapter 5.24." This notice shall
remain posted until required business information is obtained by the
City or other legal use has been established.
D.
The business shall remain placarded for a minimum of two weeks, after
such time the business may provide the proper documentation required
before the placard may be removed.
E.
No person shall remove the placard posted pursuant to Subsection
B of this section without approval of the Chief of Police, Neighborhood
Services Director, or their designees.
F.
No person shall continue to offer or receive "massage therapy" services
after a massage therapy business has been placarded unless the Police
Chief, Neighborhood Services Director, or their designees has approved
the removal of the placard.
G.
If a massage therapy or reflexology business has been placarded twice
within a twelve-month period, the business shall not be allowed to
operate within the City of Davenport for a twelve-month period. In
addition, the premises on which the business is located will not be
allowed to reopen as any massage therapy or reflexology business for
a twelve-month period.
H.
Any person or persons who, in connection with or as principal, agent,
or accessory, is found continuing to receive or offer "massage therapy"
services after that establishment has been placarded may be subject
to a simple misdemeanor charge or municipal infraction, punishable
as provided in this chapter or pursuant to state law.
