The chief of police or his duly authorized representative.
Any process consisting of kneading, rubbing, or otherwise
manipulating the skin of the body of a human being, either with the
hand or by means of electrical instruments or apparatus, or other
special apparatus, but shall not include massage by any person not
subject to the provisions of this article.
Any building, room, place, or establishment, other than a
regularly licensed hospital, where manipulative massage or manipulative
exercises are practiced upon the human body by anyone subject to the
provisions of this article, whether with or without the use of mechanical,
therapeutic or bathing devices, and shall include Turkish bathhouses.
This term shall not include, however, any premises required or permitted
to be licensed or permitted under Art. 4512K, V.T.C.S., or any other
applicable state law.
(1996 Code, sec. 4.101)
The primary responsibility for enforcement of this article shall
be on the chief of police to enforce and administer this article,
or his authorized representative.
(1996 Code, sec. 4.102)
It shall be unlawful for any person to operate a massage establishment without first having obtained a license therefor from the chief of police in accordance with the provisions of this article, or to operate a massage establishment after such license has been revoked, or during the period for which such license has been suspended. Such license shall be issued only upon the payment of the fees specified in section 4.02.007 and upon approval in writing of the chief of police and issuance of a massage therapy license. Such license shall expire on the 31st day of December of each year.
(1996 Code, sec. 4.103)
The license required by this article shall be posted and kept
in some conspicuous place in the massage establishment.
(1996 Code, sec. 4.104)
After an investigation has been made for issuance of an original
license or a renewal of an existing license to operate a massage establishment
as defined herein, the chief of police, as principal enforcement officer
of this article, shall determine whether the applicant has been finally
convicted in any court of theft, sodomy, procuring, pandering, keeping
a bawdy house, keeping an assignation house, engaging in prostitution
or engaging in assignation, or whether such establishment employs
any person who has been finally convicted in any court of theft, sodomy,
procuring, pandering, keeping a bawdy house, keeping an assignation
house, engaging in prostitution or engaging in assignation.
(1996 Code, sec. 4.105)
At the time of making application for the license required by
this article the applicant shall furnish to the chief of police the
following:
(1)
Names,
addresses, race, sex, dates of birth, driver’s license numbers,
and telephone number of the applicant, his spouse, and of all employees
of the massage establishment.
(2)
Evidence
that all employees have obtained a health certificate from a physician
certifying that such persons employed or to be employed by such establishment
are free from any kind of infectious or communicable diseases.
(3)
Name,
address, date of birth, telephone number, social security number and
driver’s license number of any person, organization, corporation,
partnership, business, or other entity owning and/or having any interest
or otherwise controlling the applicant, including but not limited
to natural persons, partnerships, corporations, associations or other
legal entities. If the applicant is a corporation, the applicant must
state whether it is organized under the laws of the state or is a
foreign corporation, and must show the mailing address, business location,
telephone number, name of the main individual in charge of the local
office of such corporation, if any, the names of all officers and
directors and trustees of such corporation, and if a foreign corporation,
the place of incorporation. If a partnership, the name of all partners
and the principal business address and telephone number of each partner.
If an association, then the association’s principal business
address and telephone number, if any, and the names of principal business
or residence addresses and telephone numbers of all members of the
association.
(4)
Name,
address, date of birth and telephone number of any person, officer,
director or stockholder of a corporation, partners or any other entity
which own or has an interest or otherwise controls the applicant or
the establishment which has a final conviction in any court of theft,
sodomy, procuring, pandering, keeping a bawdy house, keeping an assignation
house, engaging in prostitution or engaging in assignation, occurring
within five (5) years of the date of the application.
(5)
Name,
address, and telephone numbers of any other establishment owned, operated
or managed by applicant during the five (5) years immediately preceding
the date of the application.
(6)
A
statement listing any final conviction in any court of theft, sodomy,
procuring, pandering, keeping a bawdy house, keeping an assignation
house, engaging in prostitution or engaging in assignation, of the
applicant and any employees.
(1996 Code, sec. 4.106)
The application for the license required by this article shall be accompanied by a nonrefundable license fee as provided for in the fee schedule found in appendix A to this code. The license fee shall be on an annual basis. If the license is obtained between January 1 and June 30 of any year, the full amount of such fee shall be paid. If such license is obtained between July 1 and December 31 of any year, the fee shall be one-half (1/2) of such amount. No refund of license fee shall be made. Each applicant shall be required to pay a renewal fee.
(1996 Code, sec. 4.107)
The chief of police shall refuse to approve issuance or renewal
of any license required by this article to any applicant who has been
finally convicted in any court of theft, sodomy, procuring, pandering,
keeping a bawdy house, keeping an assignation house, engaging in prostitution
or engaging in assignation, or to any applicant who employs in such
establishment any person who has been finally convicted in any court
of theft, sodomy, procuring, pandering, keeping a bawdy house, keeping
an assignation house, engaging in prostitution or engaging in assignation.
(1996 Code, sec. 4.108)
(a)
A
license issued pursuant to this article shall be revoked upon final
conviction in any court of the holder of such license for the offense
of theft, fornication, sodomy, procuring, pandering, keeping a bawdy
house, keeping an assignation house, engaging in prostitution, or
engaging in assignation.
(b)
A
license issued pursuant to this article shall be suspended for a period
of not less than thirty (30) days nor more than ninety (90) days upon
final conviction in any court of the holder of such license for the
operation of the massage establishment in violation of any statute
of this state, or any provision of this code or other ordinance of
the city.
(c)
Any
license issued pursuant to this section shall be suspended for a period
of ninety (90) days upon the final conviction in any court of any
employee of such massage establishment for the offense of theft, sodomy,
procuring, pandering, keeping a bawdy house, keeping an assignation
house, engaging in prostitution or engaging in assignation, or violation
of any provision of this article.
(d)
Written
notice of such revocation or suspension shall be given by the chief
of police to the holder of such license at the holder’s last
known business address.
(1996 Code, sec. 4.109)
In the event the chief of police shall refuse to approve the
issuance of an original license or the renewal of a license to any
applicant, or revokes or suspends the license issued to any license
holder under this article, this action shall be final unless the license
holder files an appeal to the city manager or his designated representative
by submitting a letter to the chief of police within ten (10) days
of the aggrieved action. A hearing shall be held within fifteen (15)
days of the appeal. The city manager or his representative shall render
a decision on the appeal within one (1) day of the date of the hearing.
The decision of the city manager or his designated representative
shall be final.
(1996 Code, sec. 4.110)
No massage establishment shall be kept open for any purpose
between the hours of 10:00 p.m. and 8:00 a.m., and no such establishment
shall be operated or conducted in connection with, either directly
or indirectly, any place used for living or sleeping quarters.
(1996 Code, sec. 4.111)
(a)
The
chief of police shall be authorized to make or cause to be made inspections
to determine the condition of any massage establishment in order to
safeguard the health, safety and welfare of the public and to make
examinations through licensed physicians as are necessary to determine
whether employees of the massage establishments are infected with
any infectious or communicable disease.
(b)
If,
in the opinion of the chief of police, there is probable cause to
enter a massage establishment for the purpose of making inspections
and examinations pursuant to this article, he shall request the owner
or occupant thereof to grant permission for such entry, and if refused,
he shall make application to a magistrate for a search warrant, showing
said magistrate why such search warrant should be issued for the purpose
herein.
(1996 Code, sec. 4.112)
The manager or person in charge of the massage establishment
shall keep a list of the names, addresses and telephone numbers of
all employees, both on-duty and off-duty, and such list shall be shown
to all proper authorities of the police, health and other departments
of the city upon request.
(1996 Code, sec. 4.113)
It shall be unlawful for any massage establishment to operate
in any section of the city which is zoned for residential purposes.
(1996 Code, sec. 4.114)
(a)
It
shall be the duty of every person conducting or operating a massage
establishment to keep the same at all times in a clean and sanitary
condition. All instruments and mechanical, therapeutic, and bathing
devices or parts thereof, that come into contact with the human body,
shall be sterilized by a modern and approved method of sterilization
before initial use. Any such instruments and devices, or parts thereof,
after having been used upon one patron shall be sterilized before
being used upon another. All towels and linens furnished for the use
of one patron shall not be furnished for use of another until thoroughly
laundered.
(b)
All
masseurs and operators shall wash there hands thoroughly before administering
massage manipulation to each patron accommodated.
(c)
No
person suffering from any communicable or infectious disease shall
work or be employed in a massage establishment.
(d)
No
person shall be accommodated as a patron with a massage establishment
when to the knowledge of the owner, person in control, or any employee,
such person is suffering from a communicable or infectious disease.
(1996 Code, sec. 4.115)
(a)
It
shall be unlawful for any person to administer a massage to any person;
provided, however, that this section shall not apply to any person
licensed or registered by the state as a physician, chiropractor,
physical therapist, nurse, massage therapist, cosmetologist, or athletic
trainer, or as a member of a similar profession, subject to state
licensing and registration, while performing duties authorized by
the state license or registration.
(b)
No
patron shall receive a massage unless said patron is covered by opaque
material such as a towel or shorts covering the private areas, hips,
genitals, anal areas, and if the patron is a female, the private areas
shall include the breasts.
(c)
No
employee of the establishment shall touch the private areas, genitals
or anal area of any patron or the breasts, if the patron is a female,
nor shall a patron touch the private areas, genitals or anal area
of an employee of the establishment, and if the employee is a female,
the private areas shall include the breasts.
(d)
No
alcoholic beverages shall be sold, distributed, stored, or dispensed
on the premises of any establishment.
(e)
All
rooms in an establishment shall be illuminated permitting clear visibility
of the entire room. Each room in an establishment in which massages
are administered shall be open and not secured by a door.
(f)
Massagers
and other persons employed by or working in massage establishments
shall, at all times when in the massage establishment, wear clothing
which cannot be seen through and which covers the torso and extends
at least to the knee.
(1996 Code, sec. 4.116)
A licensee shall not transfer a license to another. In addition,
no licensee shall operate a massage establishment under the authority
of a license at any place other than the address designated in the
application.
(1996 Code, sec. 4.117)
Any person who violates any provision of this article, except section 4.02.012 or 4.02.014, upon conviction is punishable by a fine as provided for in the general penalty provision found in section 1.01.009 of this code. Any person who violates section 4.02.012 or 4.02.014 of this article pertaining to health and sanitation and zoning, upon conviction, is punishable by a fine in accordance with the general penalty provision found in section 1.01.009 of this code.
(1996 Code, sec. 4.118)
