It shall be unlawful for any person to operate a massage establishment without first having obtained a license from the department of state health services in accordance with the Texas Occupations Code, chapter 455, and paying a permit fee as provided for in section
4.06.035.
(2000 Code, sec. 7-141; Ordinance
adopting Code)
The license required by this division shall be exhibited at
all times in such establishments.
(2000 Code, sec. 7-142)
After an application has been made for an original permit or
a renewal of an existing permit to operate a massage establishment
as defined herein, the chief of police shall cause an investigation
to be made of the applicant’s character and whether or not the
applicant has been convicted of any crime involving moral turpitude
in any state, municipal or federal court, or whether the applicant
is a person of unfit character, or whether the holder of a permit
for such an establishment, or any employee of such establishment,
committed any lewd, indecent or other act contrary to human decency
during the last licensing period, or such an establishment employs
any person convicted of any crime involving moral turpitude in any
state, municipal or federal court, or whether such an establishment
employs a woman who has been convicted of prostitution, or who is
a known prostitute.
(2000 Code, sec. 7-143; Ordinance
adopting Code)
At the time of making application for the permit required by
this division, each applicant shall furnish to the health department
of the city the names and addresses of all employees of its massage
establishment, and each such employee of massage establishments shall
be required to secure from the health department a medical certificate
certifying that such employee has been examined and that such examination
discloses the fact that such person employed, or to be employed, by
such establishment is free from any infectious or communicable disease.
Such medical certificate shall be renewed annually by the health inspector.
(2000 Code, sec. 7-144)
The annual permit fee shall be set for in the master fee schedule
for each such establishment. If the permit is obtained between January
1 and June 30 of any year, the full amount of such fees shall be paid.
If such permit is obtained between July 1 and December 31 of any year,
the fee shall be one-half (1/2) of such amount. No refund shall ever
be made of any such permit fees.
(2000 Code, sec. 7-145; Ordinance
adopting Code; Ordinance
23-3746 adopted 5/23/2023)
The chief of police shall refuse to approve the issuance or
renewal of any permit required by this division to any applicant who
has been convicted of any crime involving moral turpitude in any state,
municipal or federal court; or where the applicant is a person of
unfit character; or where the holder of a permit for such an establishment
or any employee of such an establishment committed any lewd, indecent
or other act contrary to common decency during the last permit period;
or where any such establishment employs any person convicted of any
crime involving moral turpitude in any state, municipal or federal
court, or employs a woman who has been convicted of prostitution or
who is a known prostitute.
(2000 Code, sec. 7-146; Ordinance
adopting Code)
(a) In
the event the chief of police shall refuse to approve the issuance
of an original permit or the renewal of a permit to any applicant
under this division, the action of the chief of police shall be final
unless the applicant shall, within ten (10) days after the refusal
to approve the issuance of or the renewal of a permit, file a written
appeal with the city secretary, addressed to the city council, requesting
a hearing by the city upon the question as to whether or not his application
shall be granted.
(b) In
the event such appeal is filed, the chief of police shall provide
the city council with a record of all proceedings theretofore had
with reference to the application in question, including the written
application, together with the action of the chief of police and the
reasons for such action. The city council shall, within thirty (30)
days, grant a hearing thereon to determine the correctness of the
action of the chief of police, at which hearing the city council may
make such investigation as it may see fit, whether all the pertinent
facts appear in the application or not, and the city council shall
determine whether or not such permit shall be granted or refused,
and such action as the city council shall take thereon shall be final
and conclusive.
(2000 Code, sec. 7-147; Ordinance
adopting Code)
Any permit issued by the city secretary after approval in writing
by the health inspector and the chief of police, pursuant to this
division, may be suspended or revoked by the chief of police when
it shall appear that the business of the person to whom such permit
was issued has been conducted in a disorderly or improper manner,
or in violation of any statute of the state, any provision of this
code or other ordinance of the city, or that the person conducting
such business is of unfit character to conduct same, or that the purposes
for which such permit has been issued are being abused to the detriment
of the public, or that the permit is being used for a purpose different
from that for which it was issued to the permit holder. Such notice
of revocation shall be given by the chief of police in writing and
shall be addressed to the permit holder’s last known business
address.
(2000 Code, sec. 7-148; Ordinance
adopting Code)
(a) In
the event the chief of police revokes the permit issued to any permit
holder under this division, the action of the chief of police shall
be final unless the permit holder shall, within ten (10) days after
the receipt of written notice of such revocation, file a written appeal
with the city secretary addressed to the city council requesting a
hearing by the council upon the question as to whether or not such
permit should have been revoked.
(b) In
the event such appeal is filed, the chief of police shall provide
the city council with a record of all the proceedings theretofore
had with reference to the revocation of the permit in question, together
with the action of the chief of police and the reason for such action.
The city council shall, within thirty (30) days, grant a hearing thereon
to determine the correctness of the action of the chief of police,
at which hearing the city council may make such investigation as it
may see fit, and the city council shall determine whether or not the
action of the chief of police should be ratified and confirmed, or
should be set aside, and such decision of the city council, after
such hearing, shall be final and conclusive as to all parties.
(2000 Code, sec. 7-149; Ordinance
adopting Code)