Means the chief of police of the City of DeSoto, Texas, or
his duly authorized representative.
Means the director of the department designated by the city
manager to enforce and administer this article or the director's authorized
representative.
Means 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.
Means 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.
(1995 Code of Ordinances, Chapter 4, Article 4.600,
Section 4.601)
The primary responsibility for enforcement of this article shall
be the director of the department designated by the city manager to
enforce and administer this article, or the director's authorized
representative.
(1995 Code of Ordinances, Chapter 4, Article 4.600,
Section 4.602)
It shall be unlawful for any person to operate a massage establishment without first having obtained a license therefor from the director in accordance with the provisions of this article, or to operate a massage establishment after such license has been revoked, or during the period for which such license has been suspended.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 4.507 and upon the approval in writing of the director and the chief of police upon the issuance of a certificate of occupancy from the building official. Such license shall expire on the 31st day of December of each year.
(1995 Code of Ordinances, Chapter 4, Article 4.600,
Section 4.603)
The license required by this article shall be posted and kept
in some conspicuous place in the massage establishment.
(1995 Code of Ordinances, Chapter 4, Article 4.600,
Section 4.604)
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 the principal enforcement
officer of this article, shall determine whether the applicant has
been finally convicted in any court of theft, fornication, 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, fornication, sodomy, procuring, pandering,
keeping a bawdy house, keeping an assignation house, engaging in prostitution
or engaging in assignation.
(1995 Code of Ordinances, Chapter 4, Article 4.600,
Section 4.605)
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, date of birth, drivers license number, 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 person(s) employed or to be employed by such
establishment are free from any kind of infectious or communicable
diseases.
(3)
Names,
addresses, date of birth, telephone number, social security number
and drivers 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 of Texas
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)
Names,
addresses, date of birth and telephone numbers of any person, officer,
director or stockholder of a corporation, partners or any other entity
which own or have an interest or otherwise control the applicant or
the establishment which have a final conviction in any court of theft,
fornication, 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)
Names,
addresses, 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, fornication, sodomy,
procuring, pandering, keeping a bawdy house, keeping an assignation
house, engaging in prostitution or engaging in assignation, of the
applicant and any employees.
(1995 Code of Ordinances, Chapter 4, Article 4.600,
Section 4.606)
The application for the license required by this article shall
be accompanied by a non-refundable license fee established by resolution
of the city council from time to time. 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 of such amount. No refund of license fee
shall be made. The license fee shall be on an annual basis and each
applicant shall be required to pay a renewal fee in an amount established
by resolution of the city council from time to time.
(1995 Code of Ordinances, Chapter 4, Article 4.600,
Section 4.607)
The director 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, fornication, 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, fornication, sodomy, procuring, pandering,
keeping a bawdy house, keeping an assignation house, engaging in prostitution
or engaging in assignation.
(1995 Code of Ordinances, Chapter 4, Article 4.600,
Section 4.608)
(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 of DeSoto.
(c)
Any
license issued pursuant to this article 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, fornication,
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 director
to the holder of such license at the holder's last known business
address.
(1995 Code of Ordinances, Chapter 4, Article 4.600,
Section 4.609)
In the event the director 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 director 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.
(1995 Code of Ordinances, Chapter 4, Article 4.600,
Section 4.610)
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.
(1995 Code of Ordinances, Chapter 4, Article 4.600,
Section 4.611)
(a)
The
director 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 director, 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.
(1995 Code of Ordinances, Chapter 4, Article 4.600,
Section 4.612)
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.
(1995 Code of Ordinances, Chapter 4, Article 4.600,
Section 4.613)
It shall be unlawful for any massage establishment to operate
in any section of the city which is zoned for residential purposes.
(1995 Code of Ordinances, Chapter 4, Article 4.600,
Section 4.614)
(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 their 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.
(1995 Code of Ordinances, Chapter 4, Article 4.600,
Section 4.615)
(a)
It shall
be unlawful for any person to administer a massage to any person of
the opposite sex; provided, however, this section shall not apply
to any person licensed or registered by the State of Texas 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.
(1995 Code of Ordinances, Chapter 4, Article 4.600,
Section 4.616)
