For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
Employee.
Any person over 18 years of age, other than a masseur, who renders any service in connection with the operation of a massage business and receives compensation from the operator of the business or patrons.
Massage.
Any method of manipulating soft tissue of the body for hygienic, exercise or relaxation purposes by rubbing, stroking, kneading, tapping, pounding, vibrating or stimulating with the hands or any instrument, or by the application of air, liquid or vapor baths of any kind whatsoever.
Massage establishment.
Any place of business in which either massage or massage therapy is practiced.
Massage therapist.
Any person who engages in the practice of massage therapy.
Massage therapy.
The manipulation of soft tissue of the body for therapeutic purposes.
Masseur.
Any person who engages in the practice of massage, as defined in this section. The use of the masculine gender shall include, in all cases, the feminine gender as well.
Patron.
Any person over 18 years of age who receives a massage under the circumstances that it is reasonably expected that he or she will pay money or give any other consideration therefor.
(2002 Code, sec. 117.01)
Any person violating any of the provisions of this article shall be fined an amount not exceeding $1,000 for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(2002 Code, sec. 117.99)
(a) 
The provisions of this article shall not apply to:
(1) 
Hospitals, nursing homes and sanitariums;
(2) 
Person holding an unrevoked certificate to practice the healing arts under the laws of the state; or
(3) 
Cosmetologists or barbers when practicing only that profession.
(b) 
This article shall apply to massage therapists registered pursuant to Tex. Occupations Code, section 455.001 et seq., only insofar as permitted by that act.
(2002 Code, sec. 117.02)
Every person who operates a massage business or practices or provides a massage shall at all times keep an appointment book in which the name of each and every patron shall be entered, together with the time, date, place of service and the service provided. The appointment book shall be available at all times for inspection by the city officer designated by the city or his or her authorized representatives.
(2002 Code, sec. 117.03)
(a) 
(1) 
All premises used by permittees under this article shall be periodically inspected by the city officer designated by the city to be the chief law enforcement officer, building official, or city health officer or their authorized representatives for safety of the structure and adequacy of plumbing, ventilation, heating, illumination, and sanitary conditions. The walls shall be clean and painted with washable, mold-resistant paint in all rooms where water or steam baths are given. Floors shall be free from any accumulation of dust, dirt, or refuse. All equipment used in the massage operation shall be maintained in a clean and sanitary condition. Towels, linens, and items for personal use of operators and patients shall be clean and freshly laundered. Towels, cloths, and sheets shall not be used for more than one patron. Heavy white paper may be substituted for sheets, provided that the paper is changed for every patron.
(2) 
No massage service or practice shall be carried on within any cubicle, room, booth or any area within a massage establishment 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, nor to preclude authorized inspection thereof.
(3) 
The city officer designated by the city to be the city health officer is further required to order an examination of all masseurs by a licensed physician at least once each year, to determine that the masseurs are free of all communicable diseases. Each employee or owner of the business shall submit to a medical examination prior to the issuance of a business permit and no permit shall be issued if any is not free of communicable disease.
(b) 
(1) 
A permittee under this article shall have the premises supervised at all times when open for business. Any business rendering massage services shall have one person who qualifies as a masseur on the premises at all times while the establishment is open.
(2) 
The permittee shall personally supervise the business and shall not violate, or permit others to violate, any applicable provision of this article.
(3) 
The violation of any provision by any agent or employee of the permittee shall constitute a violation by the permittee.
(2002 Code, sec. 117.04)
Masseurs and masseuses shall be suitably clothed when engaged in giving massages. All owners and employees shall be clothed at all times while on the premises in opaque clothing which completely covers the breasts and genitals.
(2002 Code, sec. 117.05)
No person shall permit any person under the age of 18 years to come or remain on the premises of any massage business establishment as masseur, employee or patron unless the person is on the premises on lawful business.
(2002 Code, sec. 117.06)
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 business.
(2002 Code, sec. 117.07)
(a) 
No person shall engage in or carry on the business of massage or massage therapy unless he or she has a valid massage business permit issued by the city pursuant to the provisions of this article for each and every separate office or place of business conducted by the person.
(b) 
Any person desiring a massage or massage therapy business permit shall file a written application with the city secretary on a form to be furnished by the city secretary. The investigation of applications, as well as granting, denial, suspension, revocation, and supervision of permits, shall be by the city manager or other city officer designated by the city. The applicant shall accompany the application with a tender of the correct permit fee as provided in this division and shall, in addition, furnish the following:
(1) 
The type of ownership of the business, that is, 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) 
A complete list of the names and residence addresses of masseurs, massage therapists and employees in the business and the name and residence of the manager or other person principally in charge of the operation of the business;
(5) 
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; and 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 each applicant;
(C) 
Written proof of age;
(D) 
Height, weight, color of hair and eyes, and sex;
(E) 
Two front-face portrait photographs taken within 30 days of date of the application and at least two inches by two inches in size;
(F) 
Business history and experience, including but not limited to whether or not the person in previously operating in this or another city or state under license or certificate has had the license or certificate 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 other than misdemeanor traffic violations, fully disclosing the jurisdiction in which convicted, and the offense for which convicted and the circumstances thereof;
(H) 
A complete set of fingerprints taken and to be retained on file by the city officer(s) designated by the city; and
(I) 
If a massage therapist, a photocopy of the registration certificate.
(6) 
Other information, identification and physical examination of the person as shall be deemed necessary by law enforcement personnel to discover the truth of the matters hereinbefore required to be set forth in this application;
(7) 
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; and
(8) 
Written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, the declaration being duly dated and signed in the city.
(2002 Code, sec. 117.08(A), (B))
(a) 
No person shall practice massage as a masseur, employee or otherwise, unless he or she has a valid and subsisting masseur’s permit issued to him or her by the city pursuant to the provisions of this article.
(b) 
Any person desiring a masseur’s permit shall file a written application with the city secretary on a form to be furnished by the city secretary. The investigation of applications, as well as granting, denial, suspension, revocation, and supervision of permits, shall be by the city manager or other city officer designated by the city. The applicant shall tender with the application the correct permit fee as provided in this division and shall, in addition, furnish the following:
(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;
(C) 
Written proof of age;
(D) 
Height, weight, color of hair and eyes, and sex;
(E) 
Two front-face portrait photographs taken within 30 days of date of the application and at least two inches by two inches in size;
(F) 
Business history and experience, including but not limited to whether or not the person in previously operating in this or another city or state under license or permit has had the license or permit denied, revoked or suspended and the reason therefor, and the business activities or occupations subsequent to the action of denial, suspension or revocation;
(G) 
All criminal convictions other than misdemeanor traffic violations, fully disclosing the jurisdiction in which convicted, and the offense for which convicted and the circumstances thereof;
(H) 
A complete set of fingerprints taken and to be retained on file by law enforcement personnel;
(I) 
A health card issued by the city health officer stating that he or she has examined the applicant and believes the applicant to be free of all communicable diseases, including tuberculosis and venereal diseases; and
(J) 
If a massage therapist, a photocopy of the registration certificate;
(3) 
Other information, identification and physical examination of the person deemed necessary by law enforcement personnel in order to discover the truth of the matters hereinbefore required to be set forth in the application;
(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 permit;
(5) 
Written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, the declaration being duly dated and signed in the city.
(2002 Code, sec. 117.08(C), (D))
The permit fee for a massage business shall be $550 per year. All massage business permits shall expire on December 31 of each year, regardless of when the permits were issued in any preceding year. The permit shall be renewed on or before December 31 of each year. The permit fee for masseurs shall be $110 per year. All masseur’s permits shall expire on December 31 of each year, regardless of when the permits were issued in any preceding year.
(2002 Code, sec. 117.08(E))
(a) 
(1) 
Upon receiving the application for a massage business or masseur’s permit, the city manager or other city officer designated by the city shall request law enforcement personnel to conduct an investigation into the applicant’s moral character and personal and criminal history. The law officer may, in his or her discretion, require a personal interview of the applicant and further information, identification and physical examination of the person as shall bear on the investigation and shall report his or her findings to the city manager or other city officer designated by the city.
(2) 
In the case of applications for massage business permits, the city manager or other city officer designated by the city shall cause to be conducted an investigation of the premises where the massage business is to be carried on, for the purposes of assuring that the premises comply with all the sanitation requirements as set forth in this article and with the regulations of public health, safety and welfare.
(b) 
The city manager or other city officer designated by the city shall issue a massage business permit or a masseur’s permit within 45 days of receipt of the application, unless he or she finds that:
(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 building, zoning and health regulations.
(3) 
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 or 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 persons principally in charge of the operation of the business, had or have been convicted of any of the following offenses within the state or of any offense without the state that would have constituted any of the following offenses if committed within the state:
(A) 
An offense involving the use of force and violence upon the person of another that amounts to a felony;
(B) 
An offense involving prostitution or any other sexual offense as set out in Tex. Penal Code ch. 21, as amended;
(C) 
An offense involving narcotics, dangerous drugs or dangerous weapons amounting to a felony; and
(D) 
A misdemeanor offense involving moral turpitude.
The city manager or other city officer designated by the city may, however, issue a permit to any applicant convicted of the offenses described above if the city manager or other city officer designated by the city finds that the conviction occurred at least six years prior to the date of application, and that the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for crimes mentioned in this section.
(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, if an individual, or any of the officers or 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 any other person principally in charge of the operation of the business, is not more than 18 years of age.
(c) 
Any applicant whose permit has been denied, suspended or revoked pursuant to the provisions of this section may appeal the denial, suspension, or revocation to the city council by filing a written notice of appeal within ten days of the denial, suspension, or revocation at the office of the city manager or other city officer designated by the city.
(2002 Code, sec. 117.09)
The massage or massage therapy business permittee shall display his or her permit, and that of each and every masseur employed in the establishment, in an open and conspicuous place on the premises of the massage business.
(2002 Code, sec. 117.10)
No massage business and masseur permits are transferable, separate or divisible, and authority as a permit confers shall be conferred only on the permittee named therein.
(2002 Code, sec. 117.11)
Any massage business or masseur’s permit issued under this article shall be subject to suspension or revocation for violation of any provision of this article, for a masseur having been found to have or be a carrier of a communicable disease, or for any grounds that would have warranted the denial of issuance of the permit. The city manager or other city officer designated by the city, upon revocation or suspension, shall state his or her reasons in writing, specifying the particular grounds for the revocation or suspension.
(2002 Code, sec. 117.12)