[Ord. 2019-77]
Unlike massage therapy, the State of Iowa does not license reflexologists
and reflexology businesses in section 152C of the Iowa Code. Legitimate
reflexologists and businesses offering reflexology services perform
an important service in addressing the health and wellbeing of Davenport's
residents. Unfortunately, there are businesses that advertise they
provide reflexology services, but actually engage in various illegal
activities. This Ordinance is not intended to discourage legitimate
reflexologists or reflexology businesses from providing their services
in the City of Davenport. The purpose of this Ordinance is to identify
and address businesses that engage in the practice of reflexology
without a license and/or are involved in illegal activities. Businesses
providing reflexology yet conducting various types of illegal activity
are harmful to the Davenport community and the reflexology profession.
[Ord. 2019-77]
A person who performs reflexology.
Means the manipulation of the soft tissues of the human body
that is restricted to the hands, feet, or ears, performed by persons
who do not hold themselves out to be massage therapists or to be performing
massage therapy.
Means a place of business where only "reflexology" is practiced
or administered. Reflexology business does not mean a massage therapy
business where licensed massage therapists perform or administer reflexology.
[Ord. 2019-77]
A.
No person shall operate a reflexology business, either exclusively
or in connection with another business, without being licensed by
the City as provided in this chapter.
B.
If a business is operating as a massage therapy business as defined
in 5.24 and reflexology services are being provided by a licensed
massage therapist, the business falls under the provisions of 5.24
and does not need to be licensed by the City
[Ord. 2019-77]
A.
Application for a Reflexology Business License shall be made on forms
provided by the City's finance department. The application must be
submitted to the City finance department within 60 days of the date
this Ordinance becoming effective and before opening a reflexology
business, whichever is earlier. The application shall include:
1.
The business name, the address of the property to be used as the
Reflexology Business, and documentation establishing control of the
premises on which the business will be located, which shall be in
the form of a lease, deed, or other document that establishes the
applicant's control.
2.
At the time of the application, the applicant shall provide the following
most current and updated information as requested below in a list
format to be maintained at all times concerning the applicant, owner
and all employees, contractors, or other persons who are or will be
present on the premises to perform reflexology:
a.
Names and addresses of all reflexologists employed or contracted
by the business that are not licensed as massage therapists;
b.
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;
c.
Government issued photo identification card for all employees
or independent contractors of the business to verify and confirm identify
of individuals referenced in (a) and (b) above;
d.
Name(s) of the business owner; and
e.
Name(s) and mailing address(es) of all individuals who have
an ownership interest in the business.
3.
Dates and locations of other businesses or business locations the
applicant owns or operates, or has owned or operated as a reflexology
or massage business.
4.
In the event an applicant of licensee intends to operate a reflexology
business in multiple physical locations, a separate application is
required for each individual location.
5.
Criminal history, excluding traffic violations, for the past three
years, for anyone described in 2a, 2b or 2d above.
[Ord. 2019-77]
Prior to opening or operating any reflexology business within
the City, said proposed reflexology business shall obtain a business
license from the City. License applications shall be reviewing by
the Finance Director or their designee, who after considering all
of the information provided shall either grant or deny the permit.
The cost of the license is $100 annually.
[Ord. 2019-77]
Licenses shall only be issued to applicants who have provided
all of the information requested in the application and have cooperated
with the finance departments and other City officials in review of
the application. The license, if issued, shall be displayed on the
business premise in a conspicuous public area.
[Ord. 2019-77]
It shall be grounds for denial, revocation and/or suspension
of an application or reflexology license if one or more of the following
conditions are met:
A.
If the applicant or licensee is not complying with or has a history
of violations of sex crimes as defined by Iowa Code Chapter 709, or
for prostitution as defined by Iowa Code Chapter 725, or for keeping
a house of prostitution as defined by Iowa Code Chapter 657, or who
is a registered sex offender, or the laws and ordinances that might
adversely impact public health or safety as determined by the Chief
of Police;
B.
If the licensee solicits or advertised to offer services that are
a violation of this chapter;
C.
If the licensee is convicted of any violation, reasonably related
to the license activity and/or occurring on the license premise, of
any City Ordinance or federal or state statue;
D.
If there is fraud or deception involved in the license application;
E.
If the licensee has, in the past, engaged in willful disregard for
health codes and regulations;
F.
If the applicant fails to provide all the information and documentation
required by this chapter;
G.
If the licensee permits individual(s) not included in the application
to conduct reflexology services at the licensee's premises;
H.
If the licensee refuses to permit any authorized police offices or
authorized City, county, or state governmental official to inspect
the reflexologist's government ID at the premises;
I.
If the licensee is found to be violating provisions of this chapter;
J.
If the licensee promotes its services on websites that are known
to advertise services that are illegal; or
K.
If the licensee provided incomplete or inaccurate information on
the application.
[Ord. 2019-77]
The licensed premises 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.
[Ord. 2019-77]
A.
If a reflexology business is not licensed as provided in this chapter,
the business premises may be placarded. If the business information
that is produced is either inaccurate or incomplete, the business
may be placarded.
B.
The Chief of Police, Neighborhood Services Director, or designee,
shall place in a highly noticeable location a placard stating "Unlicensed
Reflexology. It is unlawful to provide or receive reflexology services;
and is subject to criminal and/or civil penalty per Davenport Municipal
Code 5.25." This notice shall remain posted until required business
information is obtained by the City or other legal use has been established.
C.
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
D.
No person shall continue to offer or receive reflexology services
after a reflexology business has been placarded unless the Police
Chief, Neighborhood Services Director or designees has approved the
removal of the placard.
E.
Any person or in connection with one or more persons or as principle,
agent, or accessory is found continuing to offer or receive reflexology
services after that establishment has been placarded may be subject
to a simple misdemeanor or municipal infraction, punishable as provided
in this chapter or pursuant to state law.
