(Code 1983, § 11-130; Ord. No. B-210, art. I, § A, 12-11-1975)
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 of the crimes of theft, sodomy, procuring, pandering,
keeping a bawdy house, keeping an assignation house, engaging in prostitution
or assignation, or any other crime generally held under the law to
constitute a crime of moral turpitude.
Any act or process of kneading, rubbing, stroking or other
such touching or otherwise manipulating the skin of the body of a
human being, either with the hands or any other part of the human
body, or through the use of any mechanical devices, electrical instruments,
or other apparatus. The term "massage" shall not include kneading,
rubbing, stroking or other such touching as above defined by duly
licensed medical doctors, doctors of osteopathy, chiropractors or
registered physical therapists or registered nurses or licensed vocational
nurses at the direction or under the prescription of a medical doctor
or doctor of osteopathy when such treatment is administered or prescribed
in the professional course of treatment of a patient for a bona fide
medical, or mental infirmity. The term "massage" shall not include
massage authorized by the state in establishments licensed by the
state as beauty shops and barber shops staffed by licensed barbers
and beauticians.
Any building, room, place, motor vehicle, trailer, structure
(movable or immovable), or establishment, other than a regularly licensed
hospital, where manipulated massage or manipulated exercise are practiced
upon the human body by anyone not a duly licensed medical doctor,
doctor of osteopathy, chiropractor, or a registered nurse or licensed
vocational nurse acting at the direction of a doctor, whether with
or without the use of mechanical, therapeutic or bathing devices,
and shall include Turkish bath houses. This term shall not include
duly licensed beauty parlors or barber shops or a place wherein registered
physical therapists treat only patients recommended by a licensed
physician and operate only under such physician's direction or prescription.
Any person, of either the male or female sex, who shall administer
a massage, as such term is herein defined. Such term shall include
also, for the purpose of this article, a masseuse.
All genital organs, sex organs and private parts of the human
body and shall include, but not be limited to, the male and female
genital areas, female breasts, and the area of the human buttocks.
(Code 1983, §§ 11-131—11-134; Ord. No. B-210, art. II, §§
A—H, 12-11-1975; Ord. No. B-332, § 1, 10-13-1983)
(a)
Required;
conditions of issuance; term; display.
(1)
Required.
It shall be unlawful for any person to operate
a massage establishment without first having obtained a license therefor
from the city in accordance with the provisions of this article, or
to operate a massage establishment after such license has been revoked,
or during a period for which such license has been suspended.
(2)
Conditions.
Such license shall be issued only upon the
payment of the fee specified in this article, and upon the approval
in writing of the health officer and of the chief of police and upon
the issuance of a certification of occupancy from the building official.
(3)
Expiration.
Such license shall expire on December 31
of each year.
(4)
Display.
The license shall be posted and kept in some
conspicuous place in the massage establishment.
(b)
Application;
health certificate.
(1)
Investigation of applicant.
After an application has
been made for issuance of an original license or a renewal of an existing
license to operate a massage establishment, the chief of police as
the principal enforcement officer of this article shall determine
whether the applicant has been finally convicted in any court of a
crime of moral turpitude, or whether such establishment employs any
person who has been finally convicted in any court of a crime of moral
turpitude.
(2)
Information and documents to be furnished.
At the time
of making application for the license, the applicant shall furnish
to the chief of police and the health officer, the names and addresses
of all employees of the massage establishment for which a license
is sought, and all such employees shall be required to secure from
the health officer or medical physician, 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. Each such medical
certificate shall be valid for six months and then must be renewed.
(c)
Fees.
The license fee for each establishment shall be the amount as
approved by the city council. 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 of such amount. No refund of license
fees shall be made.
(d)
Refusal
to issue or renew; revocation; suspension.
(1)
Refusal to issue or renew.
The chief of police shall
refuse to approve the issuance or renewal of any license required
by this article to any applicant who has been finally convicted in
any court of a crime of moral turpitude; or to any applicant who employs
in such establishment any person who has been finally convicted of
a crime of moral turpitude.
(2)
Causes for revocation.
The chief of police shall revoke
any license issued under this article should the holder of such license
or the owner, operator, manager, employee or patron of any massage
parlor or massage establishment in the city do or commit any of the
following acts or fail to comply with or meet any of the following
requirements imposed by this article:
a.
Prior or subsequent final conviction in any court of the offense
of theft, sodomy, procuring, pandering, keeping a bawdy house, engaging
in prostitution or other offense involving moral turpitude.
b.
The occurrence at the massage premises of any act or conduct prescribed by this article including, but not limited to, the provisions of section 14-313.
c.
Massage of prohibited body areas.
d.
Failure to furnish current medical certificates as required by this
article.
e.
Failure to maintain a correct patron registration ledger as required
by this article.
f.
Permitting a patron to give false registration information as required
by this article.
g.
Violation of the hours of operation as set forth in this article.
h.
Prohibiting entrance to the chief of police or to the chief's designated
representative for the purpose of inspection of the licensed premises
or the books or records required to be kept by this article.
i.
Failure to furnish for inspection as required by this article the
books or records so required.
j.
Failure to register a patron as required by this article.
k.
Failure to verify the information furnished by a patron at a time
of registration as required by this article.
(3)
Suspension for violation generally.
A license issued
pursuant to this article shall be suspended for a period of not less
than 30 days nor more than 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
article or other ordinance of the city.
(4)
Suspension for crime of moral turpitude.
Any license
issued pursuant to this article shall be suspended for a period of
90 days upon the final conviction in any court of any employee of
such massage establishment of a crime of moral turpitude (that either
begun, concluded, or both, at the massage establishment, its parking
lot, or other property that is owned, leased or controlled by the
license holder), or a violation of any provision of this article or
other ordinance of the city.
(5)
Notice of revocation or suspension.
Written notice of
such revocation or suspension and the reasons therefor shall be given
by the chief of police to the holder of such license at the holder's
last known business address.
(6)
Appeal.
In the event the chief of police shall refuse
to approve the issuance of an original license on 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 shall, within ten days after written notice
of such action, file with the city manager a written appeal. The city
manager shall, within ten days after the appeal is filed, consider
all the evidence in support of or against the action appealed, and
render a decision either sustaining or reversing the action. If the
city manager sustains the action, the applicant or license holder
may, within ten days of that decision file a written appeal to the
city council. Such written appeal shall set forth the specific grounds
therefor. The city council shall, within 30 days, grant a hearing
thereon to consider the action, at which hearing the city council
may make such investigation as it may see fit; and for that purpose
may subpoena witnesses, administer oaths and compel the production
of books, papers, records, and other evidence; failure to obey such
subpoena or to produce books, papers, records and other evidence,
shall constitute a misdemeanor; and further, failure to obey such
subpoena or to produce books, papers, records and other evidence by
the license holder or applicant for such license or such person's
employees, will be prima facie cause for rejecting or denying the
appeal by the city council.
(Code 1983, § 11-135; Ord. No. B-210, art. III, § A, 12-11-1975)
Following are the standards for operation of any massage establishment.
It shall be unlawful for any license holder, owner, operator or manager
of a massage establishment to do or commit any of the following prohibited
acts or fail to comply with the following standards, or knowingly
permit any employee so to do; it shall further be unlawful for any
employee or patron of a massage establishment to do or commit any
of the following prohibited acts or fail to comply with the following
standards, where herein imposed upon them:
(1)
A masseur
shall at all times while either administering a massage or in the
presence of any patron, be clothed from the shoulders to the knees.
(2)
A patron
shall, at all times during massage or while in the presence of a masseur,
wear clothing over all the prohibited body areas, other than the breasts.
(3)
A massage
establishment, if open to patrons of both the male and female sex,
shall be divided into separate dressing and massage areas for the
separate and exclusive use of male and female patrons, respectively.
Such areas shall be divided by wall partitions not less than eight
feet in height.
(4)
Massages
shall be administered only in open areas or in rooms or cubicles,
separated from the means of immediate access thereby by not more than
partial doors, which shall remain unlocked, and which shall not occupy
any portion of the door opening less than 2½ feet nor more
than 5½ feet above the floor level.
(5)
No
massage establishment shall be kept open for any purpose between the
hours of 12:00 midnight and 6:00 a.m.
(6)
No
massage establishment shall be operated as conducted in connection,
either directly or indirectly, with any place used for living or sleeping
quarters.
(Code 1983, § 11-136; Ord. No. B-210, art. III, § E, 12-11-1975)
The manager or person in charge of a massage establishment shall
keep a list of the names and addresses of all employees, both on duty
and off duty, and such list shall be shown to all proper authorities
of the police and health departments upon request.
(Code 1983, § 11-137; Ord. No. B-210, art. III, § F, 12-11-1975)
It shall be unlawful for any massage establishment to be operated
in any section of the city which is zoned for residential purposes.
(Code 1983, § 11-138; Ord. No. B-210, art. III, § G, 12-11-1975)
(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, and 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
use of one patron shall not be furnished for use of another until
thoroughly laundered.
(b)
All
masseurs shall wash their hands thoroughly before administering massage
manipulations to each patron accommodated.
(c)
No
person suffering from a communicable disease shall work or be employed
in a massage establishment.
(d)
No
person shall be accommodated as a patron within a massage establishment
when to the knowledge of the owner, person in control, or an employee,
such person is suffering from a communicable disease.
(Code 1983, § 11-139; Ord. No. B-210, art. III, § H, 12-11-1975)
In order to minimize the spread of infectious or communicable
disease, the holder of a license issued under this article shall maintain
a complete written daily register listing the name and address of
each patron as given by such patron and as verified from personal
identification papers of such patron. A current driver's license containing
descriptive information consistent with the physical characteristics
of such patron shall be deemed, for the purposes hereof, satisfactory
personal identification in verification of the name and address of
the patron. It shall be unlawful for any patron to give false identification
as to name or address and it shall further be unlawful for the licensee
or employees to knowingly register a patron who gives a false name
or address. Such daily register shall be kept and maintained at the
licensed establishment and shall be made available to the chief of
police or designated representative or the health officer or designated
representative for inspection upon request at any time during the
hours of operation of such establishment.
(Code 1983, § 11-140; Ord. No. B-210, art. III, § I, 12-11-1975)
A licensee under this article shall cause at all times to be
prominently and publicly posted, in writing and numbers of a size
of not less than one inch, a detailed list of the various massage
procedures, treatment and services performed in said massage establishment
and the respective charge or cost therefor. A copy of such list of
services performed and the charges or cost thereof shall be furnished
to the chief of police, at the time of application for license and
thereafter at the time of any change in such services or charges therefor,
if any such change be made.
(Code 1983, § 11-140; Ord. No. B-210, art. III, §§ B, C, D, 12-11-1975)
(a)
The
health officer 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 patrons, fellow employees,
and the community at large as are necessary to determine whether employees
of the massage establishment are infected with any infectious or communicable
disease.
(b)
The
chief of police shall be authorized to make or cause to be made inspections
of any massage establishment to determine or ensure compliance with
the provisions of this article during the hours of operation of said
establishment.
(c)
If,
in the opinion of the health officer or the chief of police, there
is probable cause to enter a massage establishment for the purpose
of making inspections and examination pursuant to this article, either
of such officers shall request the owner or occupant thereof to grant
permission for such entry, and if refused such officer shall make
application to a magistrate for a search warrant, showing said magistrate
why such search warrant should be issued for the purpose herein.
(Code 1983, § 11-142; Ord. No. B-210, art. VI, 12-11-1975)
Any person violating any provision of this article shall be deemed to be guilty of a misdemeanor and, upon conviction, shall be fined in an amount not less than $1.00, within the limit prescribed in section 1-14 of this Code.
