No person shall engage in or carry out the business of massage unless he 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 such person.
(1988 Code, ch. 4, sec. 8.03; Ordinance 1982-16, sec. 2a, adopted 8/19/82; 2010 Code, sec. 22-25)
Any person desiring a massage business permit shall file a written application with the chief of police and city secretary on a form to be furnished by the city secretary. The applicant shall accompany the application with a tender of the correct permit fee as hereinafter provided and shall, in addition, furnish the following:
(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) 
A complete list of the names and residence addresses of all masseurs and employees in the business and the name and residence addresses 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 ten percent 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 the holder of any lien, of any nature, upon the business and/or the equipment used therein; and concerning the manager or other person principally in charge of the operation of the business:
(A) 
Name, complete residence address and 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 the date of the application and at least two inches by two inches in size;
(F) 
The massage or similar business history and experience ten years prior to the date of application, including, but not limited to, whether or not such person previously operating in this or another city or state under license or permit has had such license or permit 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 arrests other than misdemeanor traffic violations, fully disclosing the jurisdiction in which arrested and the offense for which arrested and the disposition thereof;
(H) 
A complete set of fingerprints taken and to be retained on file by the chief of police or his authorized representatives;
(6) 
Such other information, identification, and physical examination of the person 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;
(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;
(8) 
The names and addresses of three adult residents of the county who will serve as character references. These references must be persons other than relatives and business associates;
(9) 
Written declaration of the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being duly dated and signed in the city.
(1988 Code, ch. 4, sec. 8.05; Ordinance 1982-16, sec. 3, adopted 8/19/82; 2010 Code, sec. 22-26)
The city secretary shall issue a massage business permit within 30 days of receipt of the application unless the chief of police 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’s building and health regulations;
(3) 
The applicant, if an individual, or any of the stockholders holding more than ten percent of the stock of the corporation, 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 holder of any lien, of any nature, upon the business and/or the equipment used therein, and the manager or other person principally in charge of the operation of the business, has been convicted for any felony or a misdemeanor involving moral turpitude, unless such conviction occurred at least five years prior to the date of the application;
(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 has had a massage business, masseur, 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;
(6) 
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 over the age of 18 years;
(7) 
The business is established within 600 feet of any school or regular place of worship, or 300 feet of any residential neighborhood or any public or private business where alcoholic beverages are sold or consumed. The measurement of the distance shall be along the property lines of the street fronts and from door to front door and in a direct line across intersections.
(1988 Code, ch. 4, sec. 8.08; Ordinance 1982-16, sec. 6, adopted 8/19/82; 2010 Code, sec. 22-27)
No person shall practice massage as a masseur, employee or otherwise, unless he has a valid and subsisting masseur’s permit issued to him by the city pursuant to the provisions of this article.
(1988 Code, ch. 4, sec. 8.04; Ordinance 1982-16, sec. 2b, adopted 8/19/82; 2010 Code, sec. 22-28)
Any person desiring a masseur’s permit shall file a written application with the chief of police and the city secretary on a form to be furnished by the city secretary. The applicant shall tender with the application the correct permit fee as hereinafter provided 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 the date of application and at least two inches by two inches in size;
(F) 
The massage or similar business history and experience ten years prior to the date of application, including, but not limited to, whether or not such person previously operating in this or another city or state under license or permit has had such license or permit 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 arrests other than misdemeanor traffic violations, fully disclosing the jurisdiction in which arrested, and the offense for which arrested and the disposition thereof;
(H) 
A complete set of fingerprints taken and to be retained on file by the chief of police or his authorized representatives;
(I) 
A current valid health card issued by a physician practicing in the county or a governmental health department located in the city;
(3) 
Such other information, identification, and physical examination of the person deemed necessary by the chief of police 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, said declaration being duly dated and signed in the city.
(1988 Code, ch. 4, sec. 8.06; Ordinance 1982-16, sec. 4, adopted 8/19/82; 2010 Code, sec. 22-29)
The city secretary shall issue a masseur’s permit within 15 days of receipt of the application unless the chief of police 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 applicant has been convicted of a crime involving moral turpitude, unless such conviction occurred at least five years prior to the date of the application;
(3) 
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;
(4) 
The applicant has had a massage business, masseur, or other similar permit or license denied or suspended by the city or any other state or local agency within five years prior to the date of application;
(5) 
The applicant is not over the age of 18 years.
(1988 Code, ch. 4, sec. 8.09; Ordinance 1982-16, sec. 7, adopted 8/19/82; 2010 Code, sec. 22-30)
(a) 
Upon receiving the application for a massage business or masseur’s permit, the chief of police shall conduct an investigation into the applicant’s moral character and personal and criminal history. The chief of police may, in his discretion, require a personal interview of the applicant, and such further information, identification and physical examination of the person as shall bear on the investigation.
(b) 
In the case of applications for massage business permits, the chief of police shall cause to be conducted an investigation of the premises where the massage business is to be carried on, for the purpose of assuring that such premises comply with all the sanitation requirements as set forth in this article and with the regulations of public health, safety and welfare.
(c) 
Before any permit shall be issued under this article, the chief of police shall first sign his approval of the application.
(1988 Code, ch. 4, sec. 8.07; Ordinance 1982-16, sec. 5, adopted 8/19/82; 2010 Code, sec. 22-31)
The permit fee for a massage business and masseurs shall be as provided for in appendix A of this code.
(1988 Code, ch. 4, sec. 8.11; 2010 Code, sec. 22-32)
Should any massage business have more than one location where the business of massage is pursued, then a permit, stating both the address of the principal place of business and of the other locations, shall be issued by the chief of police upon the tender of a permit fee as provided for in appendix A of this code. Permits issued for other locations shall terminate on the same date as that of the principal place of business, regardless of the date of issuance.
(1988 Code, ch. 4, sec. 8.12; 2010 Code, sec. 22-33)
No portion of any fee collected under this article shall be returned after a permit has been issued.
(1988 Code, ch. 4, sec. 8.13; Ordinance 1982-16, sec. 11, adopted 8/19/82; 2010 Code, sec. 22-34)
The massage business permittee shall display his 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.
(1988 Code, ch. 4, sec. 8.10; Ordinance 1982-16, sec. 8, adopted 8/19/82; 2010 Code, sec. 22-35)
(a) 
Any permit issued under this article may be suspended for a period not to exceed 90 days by the chief of police for a violation of this article by the permittee thereof.
(b) 
Any massage business permit issued under this article may be suspended for a period not to exceed 90 days by the chief of police for a violation of these regulations by an agent or employee of the massage establishment provided such violation occurred on the massage business premises.
(c) 
Such suspension shall be effective ten days after written notice thereof is given to the permittee. Such notice shall inform the permittee of the reasons for such suspension, the duration of such suspension, the beginning of such suspension, and the right to appeal under the provisions of this article.
(d) 
Such notice may be given by delivering the same to the permittee or by depositing the same in the United States mail, postage prepaid, certified or registered mail, return receipt requested, addressed to the permittee at the address stated on the license application, and such notice shall be deemed given upon deposit of the notice in the United States mail as aforesaid.
(e) 
This section is cumulative of all other ordinances, regulations and laws. An appeal, as provided herein, from any suspension hereunder shall automatically stay such suspension pending such appeal. After the effective date of the suspension and if an appeal is not made or if an appeal is made and the suspension is upheld in whole or in part, then and in either of those events, the chief of police shall have the authority to take possession of the permit wheresoever it may be found and hold the same until the suspension period has expired.
(f) 
A masseur’s permit may be suspended where it appears that the masseur has been convicted of any offense which would be cause for denial of a permit upon an original application, or has made a false material statement on an application for a permit.
(1988 Code, ch. 4, sec. 8.14; Ordinance 1982-16, sec. 12, adopted 8/19/82; 2010 Code, sec. 22-36)
(a) 
Any permit issued under this article may be revoked by the chief of police for a violation of any [provisions] of this article concerning the application for and issuance of the permits or certificates hereunder or upon final conviction of the permittee of an offense defined in V.T.C.A., Penal Code ch. 43, on public indecency, or an offense involving turpitude. In construing and applying this article, a final conviction of any individual designated in section 4.06.032 shall be deemed to be a final conviction of the permittee. Any massage business permit issued under this article may be revoked by the chief of police for a violation of this article by an agent or employee of the massage business provided such violation occurred on the massage business premises.
(b) 
Such revocation shall be effective ten days after written notice thereof is given to the permittee. Such notice shall inform the permittee of the reasons for such violation, the beginning of such revocation, and the right to appeal under the provisions of this article. Such notice may be given by delivering the same to the permittee or by depositing the same in the United States mail, postage prepaid, certified or registered mail, return receipt requested, addressed to the permittee at the address stated on the permit application, and such notice shall be deemed given upon deposit of the notice in the United States mail as aforesaid.
(c) 
This section is cumulative of all other ordinances, regulations and laws. An appeal, as provided herein, from any revocation hereunder, shall automatically stay such revocation pending such appeal. After the effective date of the revocation and if an appeal is not made or if an appeal is made and the revocation is upheld, then and in either of these events, the chief of police shall have the authority to take possession of the permit wheresoever it may be found.
(d) 
A masseur’s permit may be revoked where it appears that the masseur has been convicted of any offense which would be cause for denial of a permit upon an original application, or has made a false material statement on an application for a permit.
(1988 Code, ch. 4, sec. 8.15; Ordinance 1982-16, sec. 13, adopted 8/19/82; 2010 Code, sec. 22-37)
(a) 
Any person aggrieved by an action or decision of the chief of police regarding the issuance, suspension or revocation of a permit required hereunder or the cancellation of a health certificate card required hereunder may, within 30 days thereafter, appeal to the municipal judge of the city.
(b) 
The appeal to the municipal judge shall be initiated by filing a written objection with the municipal judge. The written objection shall state what the action or decision of the chief of police should have been and why. A copy of the document containing the notice of the action or decision complained of shall be attached to said written objection. Upon receipt of said written objection and attachment, the municipal judge shall set the same down for a hearing to be held within the next 15 days and advise all parties of the date, time and place of the hearing. The person aggrieved shall bring to the hearing all permits issued to him pursuant to this article.
(c) 
At hearings before the municipal judge, all witnesses will be sworn. The municipal judge will hear the testimony of the chief of police and/or each individual as will be called by the chief of police. Additionally, the municipal judge will hear the testimony of the persons aggrieved along with any witnesses the person aggrieved may call. Additionally, the municipal judge will review all documents and exhibits submitted to him by the parties. The municipal judge will not be bound by formal rules of evidence and will control the evidence, reserving to himself the power to exclude testimony or exhibits he does not consider relevant.
(d) 
The municipal judge will maintain an accurate record of the evidence adduced at the hearing.
(e) 
Within 48 hours of the close of the hearing, the municipal judge will notify the chief of police and the person aggrieved of his decision. Within three days of the close of the hearing, the municipal judge will reduce to writing his report, which will consist of a finding of facts and his decision. The municipal judge will file the original of his report with the city secretary, will keep one copy for himself, will send one copy to the person aggrieved and will send one copy to the chief of police.
(f) 
If the chief of police or the person aggrieved is dissatisfied with the municipal judge’s decision, he may, within five days from the date the municipal judge files his report, file a written objection with the city secretary. When such an objection is filed, the city secretary will notify the city manager, who will place the matter on the agenda of city council for review at the next meeting of the city council which is at least five days after the date of the filing of the objection. If the objection is filed by the chief of police, notice that the matter is on the agenda will be sent to the applicant by mail. The person aggrieved shall bring to the city council hearing all permits issued to him pursuant to this article. When the matter comes before the city council, the city council will review the matter, considering such information as is in the municipal judge’s file and report along with such other evidence as the city council may deem relevant and as may be offered by the chief of police or the person aggrieved. The city council will either affirm, reverse, or modify the decision of the municipal judge.
(1988 Code, ch. 4, sec. 8.16; Ordinance 1982-16, sec. 14, adopted 8/19/82; 2010 Code, sec. 22-38)
No massage business and masseur’s permits are transferable, separate or divisible, and such authority as a permit confers shall be conferred only on the permittee named therein.
(1988 Code, ch. 4, sec. 8.18; Ordinance 1982-16, sec. 16, adopted 8/19/82; 2010 Code, sec. 22-39)