The following words and phrases shall, for the purposes of this
article, have the meaning and definition as hereinafter stated:
The chief of police of the city or his duly authorized representative.
The health officer appointed by the city council or the city
administrator.
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” as used in this
article 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
of the face or bust as authorized by the state in establishments licensed
by the state as beauty shops and barbershops staffed by licensed barbers
and beauticians.
Any building, house, room or place where massage is practiced
upon the human body by any person other than a duly licensed medical
doctor, doctor of osteopathy or chiropractor. This term shall not
include duly licensed beauty parlors or barbershops or the office
or place of business of a registered physical therapist.
Includes 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, the human buttock and the
human anus.
(Ordinance 148, sec. 1, adopted 3/13/73)
Any person violating any provision of this article shall be
guilty of a separate offense for each day or portion thereof during
which any such violation is committed, continued or permitted, and
each offense shall be punishable by a fine of not less than $25.00
and not to exceed $500.00.
(Ordinance 148, sec. 14, adopted 3/13/73; Ordinance 246 adopted 1/28/88)
The chief of police of the city or his designated representative
is authorized to make periodic inspection and examination of massage
parlor or massage establishment premises. Such inspection shall be
made to safeguard the health, safety and welfare of the public.
(Ordinance 148, sec. 10, adopted 3/13/73)
Before commencing operation, the owner or operator of a massage
parlor or establishment shall furnish to the chief of police of the
city a medical certificate for each employee signed by a medical doctor
or doctor of osteopathy that such employee has been examined within
three (3) days of the date of such medical certificate and that such
examination established the fact that such person is free from any
infectious or communicable disease. A medical certificate certifying
that any such employee is free of infectious or communicable disease
shall be furnished to the chief of police on January 1st, April 1st,
July 1st, and October 1st during any period of employment by such
massage parlor or massage establishment.
(Ordinance 148, sec. 5, adopted 3/13/73)
No massage parlor or massage establishment shall be kept open
for any purpose between the hours of 9:00 p.m. and 11:00 a.m.
(Ordinance 148, sec. 8, adopted 3/13/73)
No massage parlor or massage establishment shall be used for
residence purposes.
(Ordinance 148, sec. 9, adopted 3/13/73)
(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 and operators 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 any employee,
such person is suffering from a communicable disease.
(Ordinance 148, sec. 11, adopted 3/13/73)
It shall be unlawful for any person to administer a massage
in a massage parlor or massage establishment to any person of the
opposite sex except in the visible presence of a third person in the
same room or enclosure where massage is performed.
(Ordinance 148, sec. 12, adopted 3/13/73)
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 Texas driver’s
license containing descriptive information consistent with the physical
characteristics of such patron shall be deemed, for 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 his employees to knowingly permit a patron
to give 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 of the city or his designated representative
for inspection upon request at any time during the hours of operation
of such establishment.
(Ordinance 148, sec. 16, adopted 3/13/73)
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 (1) inch, a detailed list of the various massage
procedures, treatments and services performed in said massage parlor
and 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 of the city 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.
(Ordinance 148, sec. 17, adopted 3/13/73)
No person or corporation shall operate a massage parlor or massage
establishment in the city without having first obtained a license
therefor from the city.
(Ordinance 148, sec. 2, adopted 3/13/73)
An application shall be required by any operator for a license
to operate a massage establishment or a massage parlor in the city.
The application shall be filed with the chief of police. The application
shall be on such form as may be prescribed by the city administrator
or the chief of police. The application shall require the operator
to state under oath the proposed location of the establishment in
an area properly zoned therefor and the name of the owner or owners
of the proposed business. If the owner of the massage parlor is a
corporation, then the application shall state the names of the officers
of such corporation and the registered agent for service. If the owner
of the massage parlor is an individual, then the name and the business
and residence address of such individual shall be stated. If the owner
is a partnership, then the names and residence and business addresses
of all the partners shall be stated. If the operator of the massage
parlor is a lessee of any other business entity, then a copy of the
lease agreement shall be attached thereto. If the operator of the
massage parlor is an employee of any other business entity, then his
position with such business entity should be stated. The application
shall state the names of all employees of the massage parlor and the
operator shall state in writing under oath whether such person has
ever been convicted in any court of theft, sodomy, procuring, pandering,
keeping a bawdy house, engaging in prostitution or other criminal
offense. No license shall be granted for the operation of any massage
parlor or establishment where either the owner or employees have been
convicted of any of the offenses stated herein. A license for the
operation of a massage parlor or massage establishment shall be immediately
revoked by the chief of police should it be determined that a person
convicted of any of the offenses stated in this section shall become
an owner, operator or employee of a massage parlor or massage establishment
having a license issued by the city.
(Ordinance 148A adopted –/–/74)
A license to operate a massage establishment or massage parlor
shall be issued to expire on the 31st day of December of each year.
The annual license fee shall be $5.00 and shall be payable in full
regardless of the date upon which the license is granted. The license
shall be posted and publicly displayed in a conspicuous place at the
location of the massage parlor or massage establishment.
(Ordinance 148, sec. 4, adopted 3/13/73)
(a)
The
chief of police of the city 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:
(1)
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.
(2)
The occurrence at the massage premises of any act or conduct proscribed
by this article.
(3)
Massage of prohibited body areas.
(4)
Failure to furnish current medical certificates as required by this
article.
(5)
Failure to maintain a correct patron registration ledger as required
by this article.
(6)
Permitting a patron to give false registration information as required
by this article.
(7)
Permitting any person to administer a massage in an establishment
licensed under this article to any person of the opposite sex, except
in the presence of a third person.
(9)
Violation of section 4.09.006 prohibiting the use of a massage parlor or massage establishment for residential purposes.
(10)
Prohibiting entrance to the city chief of police or his designated
representative for the purpose of inspection of the licensed premises
or the books or records required to be kept by this article.
(11)
Failure to furnish for inspection, as required by this article, the
books or records so required.
(12)
Failure to register a patron as required by this article.
(13)
Failure to verify the information furnished by a patron at time of
his registration as required by this article.
(b)
The
chief of police of the city shall, upon revocation of a license issued
under this article, furnish the licensee a written statement of the
reasons for such revocation upon written request therefor by the licensee.
(Ordinance 148, sec. 6, adopted 3/13/73)
Should the chief of police refuse to approve the issuance of
an original license or the renewal of a license or revoke an outstanding
license issued under this article, such action shall be final unless
the license holder or applicant shall, within ten (10) days after
notice of such action, file with the city administrator a written
appeal. The decision of the city administrator shall not be appealable
to the city council.
(Ordinance 148, sec. 7, adopted 3/13/73)
