The following words and phrases shall, for the purposes of this article, have the meaning and definition as hereinafter stated:
Chief of police.
The chief of police of the city or his duly authorized representative.
Health officer.
The health officer appointed by the city council or the city administrator.
Massage.
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.
Massage parlor or massage establishment.
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.
Prohibited body areas.
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)
(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.
(8) 
Violation of the hours of operation as set forth in section 4.09.005.
(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.
(14) 
The performance of any massage procedure, service or treatment, or a charge for same, other than that posted, described and set forth as required by section 4.09.010 of this article.
(15) 
Violation of any of the sanitary requirements set forth in section 4.09.007.
(16) 
Failure to post the services and price list as required by section 4.09.010 of 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)