[Adopted 1-12-2021 by Ord. No. 9251]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any person at least 18 years of age, other than a massage
therapist, who renders any service in connection with the operation
of a massage business and receives compensation from the manager of
the business or patrons but has no physical contact with the customer.
The person to whom a license has been issued to own or operate
a massage establishment or to engage in massaging.
The person owning, controlling, conducting, operating or
managing a massage establishment, but shall not include the massage
therapist, as defined in this section.
Any method of pressure on or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating, or stimulating of
the external parts of the human body with the hands or with the aid
of any mechanical electrical apparatus or appliances with or without
such supplementary aids as rubbing alcohol, liniments, antiseptics,
oils, powders, creams, lotions, ointments, mud, paraffins, salts or
other such similar preparations commonly used in the practice of massage,
under such circumstances that it is reasonably expected that the person
to whom the treatment is provided or some third person on his or her
behalf will pay money or give any other consideration or any gratuity
therefor. Massage shall include seated massage.
Any establishment having a source of income or compensation
derived from the practice of massage as defined above and which has
a fixed place of business where any person engages in or carries on
any of the activities as defined in the definition of "massage" above.
Any person who, for any consideration whatsoever, engages
in the practice of massage as defined above.
Any business, the functioning of which is to engage in or
carry on massages as defined above at a location designated by the
customer or client or at a location other than at a massage establishment.
"Off-site massage service" may include seated massage.
Any person at least 18 years of age or if under 18 years
of age with written parental or legal guardian consent who receives
a massage under such circumstances that it is reasonably expected
that he or she will pay money or give any other consideration therefor.
Any individual, partnership, firm, association, joint stock
company, corporation or combination of individuals of whatever form
and character.
Any massage of the neck, arms, shoulders and back area above
the waist where the client is fully clothed, sitting in a special
chair designed for upper body massage and done without the use of
supplementary aids, such as rubbing alcohol, liniments, antiseptics,
oils, powders, creams, lotions, ointments, mud, paraffins, salts,
or other similar preparations commonly used in the practice of massage.
Seated massage may be performed either at a massage establishment
or off-site.
Any criminal conviction, either misdemeanor or felony, within
the City, this state or any other state for the crime of rape, child
molestation, prostitution, acts of lewdness or any crime where the
convicted person is required to register as a sex offender under the
statutes of this state.
Genitals, pubic area, buttocks, anus, or perineum of any
person, or the vulva or breasts of a female.
Any department of the City or its designee may inspect any location
where massages are conducted. The Chief of Police or his authorized
representatives may from time to time make inspection of any massage
location for the purposes of determining that the provisions of this
article are fully complied with. It shall be unlawful for any person
to fail to allow such inspection officer access to the premises or
hinder such officer in any manner.
The provisions of this article shall not apply to the following
while they are engaged in the personal performance of the duties of
their respective professions:
A.
Physicians, surgeons, chiropractors, osteopaths, or physical therapists
who are duly licensed to practice their respective professions in
this state.
B.
Nurses who are registered under the laws of this state.
C.
Barbers and beauticians who are duly licensed under the laws of this
state, except that this exemption shall apply solely to the massaging
of the neck, face, scalp, and hair; or manicurists or pedicurists
and shall apply solely to the massaging of the hands or feet of the
customer or client for cosmetic or beautifying purposes.
D.
Students practicing internships at a state licensed massage school
under the direct supervision of a qualified instructor.
Every person, except those persons who are specifically exempted
by this article, whether acting as an individual manager, employee
of the manager, massage therapist or employee of the massage therapist,
or whether acting as a mere agent or independent contractor for the
manager, employee or massage therapist, or acting as a participant
or worker in any way directly or indirectly who gives massages or
operates a massage establishment or any of the services defined in
this article without first obtaining a license and paying a fee to
do so from the City or who shall violate any provisions of this article
shall be guilty of a Class A offense.
Every license issued pursuant to the provisions of this article
shall terminate at the expiration of one year from the date of its
issuance unless sooner suspended or revoked. Said license shall be
renewed annually pursuant to the same standards and requirements set
forth in this article.
The City 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 said license later than 90 days
from the date that the application was accepted and approved by the
Health Department.
No person shall own, control, lease, act as agent for, conduct,
operate, or manage an establishment for massaging any person without
first securing a license and paying the fee therefor. A separate license
shall be required for each place of business.
A.
Any person desiring a license for a massage establishment shall file
a written application with the Health Department. The applicant shall
furnish the following information:
(1)
The type of ownership of the business, i.e., whether individual,
partnership, corporation, or otherwise.
(2)
The name, style, and designation under which the business or practice
is to be conducted.
(3)
The business address and all telephone numbers where the business
is to be conducted.
(4)
The following personal information concerning the applicant, if an
individual; and concerning each stockholder holding more than 10%
of the stock of the corporation, each officer and each director, if
the applicant is a corporation concerning the partners, including
limited partners, if the applicant is a partnership; and concerning
the manager, or other person principally in charge of the operation
of the business:
(a)
Name, complete residence address and residence telephone numbers.
(b)
The two previous addresses immediately prior to the present
address of the applicant, if less than two years at the current address.
(c)
Written proof that the applicant is at least 18 years of age.
(d)
Height, weight, color of hair and eyes, and sex.
(e)
Two front-face portrait photographs taken within 30 days of
the date of the application and at least two inches by two inches
in size.
(f)
Two forms of state or federal issued identification; at least
one must have a picture of the applicant.
(g)
The massage or similar business history and experience five
years prior to the date of application, including, but not limited
to, whether or not such person is previously operating in this or
another city or state under license or permit and whether such license
or permit has been denied, revoked, or suspended and the reason therefor,
and the business activities or occupations subsequent to such action
of denial, suspension or revocation.
(h)
All criminal convictions except misdemeanor traffic violations.
(5)
Such other information and identification of the applicant as shall
be deemed necessary by the Police Chief to discover the truth of the
matters hereinbefore required to be set forth in the application.
(6)
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 licenses.
(7)
A written declaration by the applicant, under penalty of perjury,
that the information contained in the application is true and correct,
said declaration being duly dated and signed in the City.
B.
Along with the written application, the applicant shall obtain from
the Oklahoma State Bureau of Investigation and provide to the Supervisor
of Licenses a current Oklahoma criminal history information report.
The criminal record is considered current if it is dated no more than
30 days prior to the date on which the applicant submits a completed
application to the Supervisor of Licenses.
To ensure compliance with this article, before a license is
granted for any massage establishment, the Health Department shall
cause an inspection to be made of the location of the establishment,
the equipment and facilities, and the sanitary conditions. The inspector
shall make a report thereof in writing, which shall be filed with
and become a part of the application.
A.
No license to conduct a massage establishment shall be issued if
an inspection by the City or its designee reveals that the facilities
do not comply with each of the following requirements:
(1)
If the establishment provides tubs, steam baths and showers, said
facilities shall be made waterproof with approved waterproofed materials
and shall be installed in accordance with the Building and Plumbing
Codes of the City.
(2)
If the establishment provides steam rooms and shower compartments,
said facilities shall have waterproof floors, walls and ceilings approved
by the City or its designee.
(3)
If the establishment provides wet and dry heat rooms, the floors
shall be adequately pitched to one or more floor drains properly connected
to the sewer, provided that dry heat rooms with wooden floors need
not be provided with pitched floors and floor drains.
(4)
A source of hot water must be available within the immediate vicinity
of dry and wet heat rooms to facilitate cleaning.
(5)
The premises shall have adequate equipment for disinfecting and sterilizing
nondisposable instruments and materials used in administering massages.
Such nondisposable instruments and materials shall be disinfected
after use on each patron.
(6)
Protected cabinets shall be provided and used for the storage of
clean linen, towels and other materials used in connection with administering
massages. 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.
(7)
Toilet facilities shall be provided in convenient locations, and
shall comply with all Building and Plumbing Codes of the City.
(8)
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.
(9)
All electrical equipment shall be installed in accordance with the
requirements of the City's electrical ordinances.
(10)
The establishment shall have adequate equipment such as massage
tables and/or chairs for administering massage. Said equipment shall
be of a washable material and kept clean and in good repair.
B.
Nothing contained herein shall be construed to eliminate other requirements
of statute or ordinance concerning the maintenance of premises, nor
to preclude authorized inspection thereof, whenever such inspection
is deemed necessary by the Police or Health Department.
If the Health Department approves the issuance of a massage
establishment license, it shall cause such approval to be delivered
to the Supervisor of Licenses, who shall issue the license unless
she/he finds:
A.
The correct license fee has not been tendered to the City, and, in
the case of a check or bank draft, not honored with payment upon presentation.
B.
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 ordinances.
C.
The applicant, if an individual; or any of the stockholders holding
more than 10% of the stock of the corporation, 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; or
the manager or other person principally in charge of the operation
of the business, have been convicted of any of the following offenses:
(1)
An offense involving the use of force and violence upon the person
of another that amounts to a felony.
(3)
An offense involving narcotics, dangerous drugs or dangerous weapons
that amounts to a felony.
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The Supervisor of Licenses may issue a license to any person
convicted of any of the crimes described above if such conviction
occurred at least five years prior to the date of the application
and the applicant has had no subsequent felony convictions of any
nature and no subsequent misdemeanor convictions for any such crime
mentioned above.
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D.
The applicant has knowingly made any false, misleading, or fraudulent
statement of fact in the application or in any document required by
the City in conjunction therewith.
E.
The applicant has had a massage establishment, massage therapist
or other similar permit or license denied, revoked, or suspended by
the City or any other state or local agency within five years prior
to the date of the application.
F.
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 at least 18 years of age.
A person who is required by the provisions of this article to
obtain a license shall pay to the City the fee established in the
City's schedule of fees.
A license for the operation of a massage establishment at a
particular location shall never be transferred.
No person granted a license pursuant to these massage establishment
license provisions shall operate the massage establishment under a
name not specified in his license, nor shall be conduct business under
any designation or location not specified in his license.
Every person licensed under these massage establishment license
provisions shall display such license in a prominent place on the
licensed premises.
Any license issued for a massage establishment may be revoked
or suspended by the City pursuant to the applicable provisions of
this Code.
Every person engaged in massaging, including seated massage,
shall be required to obtain a license from the Supervisor of Licenses
before engaging in the practice of massage.
A.
Any person desiring the license required by the provisions of this
division shall file a written application with the Health Department.
The applicant shall furnish the following information:
(1)
The business address and all telephone numbers where the massage
is to be practiced.
(2)
The following personal information concerning the applicant:
(a)
Name, complete residence address and residence telephone numbers.
(b)
The two previous addresses immediately prior to the present
address of the applicant, if less than two years at the current address.
(c)
Written proof that the applicant is at least 18 years of age.
(d)
Height, weight, color of hair and eyes, and sex.
(e)
Two front face portrait photographs taken within 30 days of
the date of the application and at least two inches by two inches
in size.
(f)
The massage or similar business history and experience five
years prior to the date of application, including but not limited
to whether or not such person has been operating in this or another
city or state under a license or permit, and whether such license
or permit has been denied, revoked, or suspended and the reason therefor,
and the business activities or occupations subsequent to such action
of denial, suspension or revocation.
(g)
All criminal convictions except misdemeanor traffic violations.
(h)
Proof of educational requirements as follows:
[1]
Successful completion of not less than 500 hours of massage
studies from a state licensed or accredited massage school; or
[2]
Certification by the National Certification Board for Therapeutic
Massage and Bodywork (NCBTMB);
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The above educational requirements shall not apply to those
individuals who currently hold a valid license issued by the City
to engage in the practice of massage upon the passage of this article
so long as said license is renewed within 30 days of expiration.
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(3)
Such other information and identification of the person deemed necessary
to discover the truth of the matters required above.
(4)
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 license.
(5)
A written declaration by the applicant, under penalty of perjury,
that the information contained in the application is true and correct,
said declaration being duly dated and signed in the City.
(6)
A statement showing the name and address of the person by whom the
massage therapist is employed, if applicable, and such massage therapist
shall file successive statements if a change or changes are made in
the employment of the massage therapist during the existence of the
license.
B.
Along with the written application, the applicant shall obtain from
the Oklahoma State Bureau of Investigation and provide to the Supervisor
of Licenses a current Oklahoma criminal history information report.
The criminal record is considered current if it is dated no more than
30 days prior to the date on which the applicant submits a completed
application to the Supervisor of Licenses.
No license shall be issued pursuant to these massage therapist
license provisions if:
A.
The correct license fee has not been tendered to the City, and, in
the case of a check or bank draft, not honored with payment upon presentation.
B.
The applicant has been convicted of any of the following offenses:
(1)
An offense involving the use of force and violence upon the person
of another that amounts to a felony.
(3)
An offense involving larceny, larceny from a house, or larceny from
a person that amounts to either a misdemeanor or felony.
(4)
An offense involving narcotics, dangerous drugs or dangerous weapons
that amounts to a felony. The City may issue a license to any person
convicted of any of the crimes described above if it finds that such
conviction occurred at least five years prior to the date of the application
and the applicant has had no subsequent felony convictions of any
nature and no subsequent misdemeanor convictions for any such crime
mentioned above.
C.
The applicant has knowingly made any false, misleading, or fraudulent
statement of fact in the license application or in any document required
by the City in conjunction therewith.
D.
The applicant has had a massage establishment, massage therapist's,
or other similar license denied, revoked, or suspended by the City
or any other state or local agency within five years prior to the
date of the application.
E.
The applicant is not at least 18 years of age.
A person who is required by these massage therapist license
provisions to obtain a license shall pay to the City the fee established
in the City's schedule of fees.
Every massage therapist shall display the license required by
these massage therapist license provisions in his work area or on
their person.
Any license issued for a massage therapist may be revoked or
suspended by the City pursuant to the applicable provisions of this
Code.
No person shall engage in off-site services as defined in § 147-52 of this article without first securing a license from the City's Supervisor of Licenses, and paying the fee therefor.
A.
No license to conduct off-site services shall be issued unless the
following requirements are met:
(1)
The applicant must have a valid massage therapist's license issued
by the City.
(2)
The applicant shall have adequate means such as germicide or alcohol
for disinfecting and sterilizing nondisposable instruments and materials
used in administering massages. Such nondisposable instruments and
materials shall be disinfected after use on each patron.
(3)
The applicant shall have adequate means of disinfecting hands prior
to administering a massage.
(4)
The applicant shall have adequate means of separating linens from
any chemicals, oils, or other wet items.
(5)
The applicant shall have adequate equipment such as a table or massage
chair for administering massages. Said equipment shall be of a washable
material and kept clean and in good repair.
Seated massage, as defined in § 147-52 of this article, may be performed either at a massage establishment or off site, provided it meets the following conditions:
A.
Seated massage shall only be offered at a commercial or industrial
place of business, and only for employees and/or patrons of that business.
B.
Seated massage shall be offered in a public area only, to which all
patrons or employees are provided free access.
C.
Chairs/seats used for seated massage shall be constructed of nonporous,
easily cleanable materials and shall be cleaned and sanitized after
each use. Any openings, splits or tears shall be repaired before the
next use.
Every place where massage is being conducted, including appliances
and apparatus, shall be kept clean and operated in a sanitary condition.
Price rates for massage services, including seated massage and
off-site services, shall be prominently displayed in a location available
to all prospective customers.
The licensee or person designated by the licensee of a massage
establishment shall maintain a register of all persons employed at
any time as massage therapists and their license numbers. Such register
shall be posted at the massage establishment at all times.
No person shall employ as a massage therapist any person unless
said employee has obtained and has in effect a license issued pursuant
to this article.
Except as otherwise provided, no manager of any massage establishment
shall employ or permit any massage therapist to work, and no massage
therapist shall work, in any establishment or location which is affected
with any infectious, contagious or communicable disease or any disease
which may, by law, be required to be reported to the Health Department
of the City or of the state.
All employees of a massage establishment, and all massage therapists,
shall be clean and wear clean, nontransparent outer garments, covering
the sexual and genital areas.
All places where massage is being conducted shall have clean,
laundered sheets and towels in sufficient quantities, which shall
be laundered after each use thereof and stored in a sanitary manner.
No massage establishment or off-site service shall be kept open
or performed between the hours of 10:00 p.m. and 8:00 a.m.
No massage establishment or massage therapist shall place, publish
or distribute or cause to be placed, published or distributed any
advertisement, picture, or statement which is known or through the
exercise of reasonable care should be known to be false, deceptive
or misleading in order to induce any person to purchase or utilize
any professional massage services. Any advertisement of a massage
establishment or massage therapist shall contain the license number
of said establishment or therapist.
No person shall permit any person under the age of 18 years
to come or remain on the premises of any massage establishment as
a massage therapist, employee, patron, or in any other capacity without
parental/legal guardian presence or written consent, unless such person
is on the premises on lawful business.
No person shall sell, give, dispense, provide or keep, or cause
to be sold, given, dispensed, provided or kept, any alcoholic beverage
on the premises of any massage establishment or where massage is being
conducted.
A.
It shall be unlawful for any person conducting a massage to place
his/her hand or hands upon, to touch with any part of his/her body,
to fondle in any manner, or to massage, a sexual or genital area of
any other person.
B.
It shall be unlawful for any person conducting a massage to expose
his/her sexual or genital areas, or any portion thereof, to any other
person. It shall also be unlawful for any person conducting a massage
to expose the sexual or genital areas, or any portions thereof, of
any other person.
C.
It shall be unlawful for any person, while in the presence of any
other person conducting a massage, to fail to conceal, with a fully
opaque covering, the sexual or genital areas of the body.
D.
It shall be unlawful for any person owning, operating or managing a massage establishment knowingly to cause, allow or permit in or about such massage establishment any agent, employee, or any other person under his/her control or supervision to perform such acts prohibited in Subsection A, B or C of this section.
It shall be unlawful for any massage to be carried on within
any cubicle, room, booth, or any area which is fitted with a door
capable of being locked. Nothing contained herein shall be construed
to eliminate other requirements of statute or ordinance concerning
the maintenance of premises, not to preclude authorized inspection
thereof, whenever inspection is deemed necessary by the Police or
Health Department.
No person affected with any contagious disease or with any disease
of the skin shall be treated with a massage.
