For the purpose of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
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 duly licensed
physicians, osteopaths, chiropractors, and registered physical therapists
or registered nurses or licensed vocational nurses who treat only
patients recommended by a licensed physician and who operate only
under such physician’s direction. The term “massage”
shall not include massages authorized by the state in establishments
licensed by the state in beauty shops and barbershops staffed by licensed
barbers and beauticians.
means any building, room, place, or establishment, other
than a regularly licensed hospital, where manipulated massage or manipulated
exercises are practiced upon the human body by anyone not a duly licensed
physician, osteopath, 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 bathhouses. This term shall not include,
however, duly licensed beauty parlors or barbershops or a place wherein
registered physical therapists treat only patients recommended by
a licensed physician and operate only under such physician’s
direction.
is 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 purposes of this article, a masseuse.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 4(A))
It shall be unlawful for any person who is required to be licensed
by this article to massage, touch, or cause to be touched the genitals
of any person upon the premises of the massage establishment. Any
violation of this provision by either the owner or employee shall
be deemed grounds for the revocation of the permit granted hereunder.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 4(K))
(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.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 4(L))
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 to do so. Further, it shall 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 the genital areas.
(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 (8') in height, and patrons of one sex shall not be admitted
to massage or dressing areas designated for the opposite sex.
(4)
No
massage establishment shall be kept open for any purpose between the
hours of 10:00 p.m. and 8:00 a.m.
(5)
No
massage establishment shall be operated or conducted in connection,
either directly or indirectly, with any place used for living or sleeping
quarters.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 4(M))
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 (1"), 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 city secretary 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 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 4(N))
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. Such license shall be issued only upon the payment of the fee specified herein in section 4.09.032, and upon the approval of the city council. Such license shall expire on the thirty-first (31st) day of December of each year.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 4(B))
Any person desiring to obtain a license or permit to operate
a massage establishment shall make application to the city secretary,
submitting a fee of one thousand dollars ($1,000.00) for a massage
establishment. Should such application be made other than on the thirty-first
(31st) of December of each year, and a license granted, the fee shall
be prorated for the balance of the year and, after the deduction of
one hundred dollars ($100.00) to defray the cost of the initial investigation
for the purposes set out herein, shall be applied and credited to
the fee required herein for the following year’s license. Should
the application be rejected and the license refused, the fee will
be refunded, after the deduction of one hundred dollars ($100.00)
to defray the cost of initial investigation.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 4(C))
It shall be unlawful for any person to perform massage services or to act as a massage technician’s aide or to be an employee of such massage establishment without first having obtained from the city council a permit or license as such. Any such employee of any massage establishment who desires to obtain a license shall make application to the city secretary, submitting a fee of two hundred fifty dollars ($250.00) therefor. Such application shall be governed by the provisions of section 4.09.035. Should such application be made other than on the thirty-first (31st) of December of each year and a license granted, the fee shall be prorated for the balance of the year, and after the deduction of fifty dollars ($50.00) to defray the cost of the initial investigation for the purposes set out herein, shall be applied and credited to the fee required herein for the following year’s license. Should the application be rejected and the license refused, the fee will be refunded, after the deduction of fifty dollars ($50.00) to defray the cost of initial investigation.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 4(C))
The city secretary shall grant a permit to the establishment
or to the employee, as the case may be, if all requirements for a
massage establishment, or for employment of such applicant, as the
case may be, described herein are met, and shall issue a permit to
such applicant for the operation of a massage establishment or for
the performance of massage services, or to act as aides in such establishment
or employees thereof, unless it appears that any such person has deliberately
falsified the application or unless it appears that the record of
such person reveals a conviction of a felony or a crime involving
moral turpitude.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 4(C))
Any applicant for a license or permit shall submit the following
information:
(1)
The
full name and present address of the applicant.
(2)
The
business, occupation, or employment history of the applicant for the
three (3) years immediately preceding the date of the application.
(3)
The
business license history of the applicant; whether such person has
previously operated in this or another city or state under license,
has had such license revoked or suspended, the reason therefor, and
the business activity or occupation subsequent to such action of suspension
or revocation.
(4)
All
convictions for violation of federal, state, or local laws.
(5)
Such
other identification and information as the police department may
require in order to discover the truth of the matters hereinbefore
specified as required to be set forth in the application.
(6)
Furnish
to the city secretary the names and addresses of all employees of
the massage establishment.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 4(D))
After an application 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 city secretary, 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.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 4(E))
A license or permit or renewal of a license or permit shall
be denied if the applicant has:
(1)
Been
convicted of a felony involving moral turpitude or misdemeanor involving
immoral conduct; the record of conviction is conclusive evidence of
the named felony or misdemeanor;
(2)
Secured
a license by fraud or deceit;
(3)
Knowingly
made false statements in an attempt to secure the massage license
required by the act;
(4)
Been
found by the city secretary to be addicted to the use of any narcotic
drug; or
(5)
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
of theft, fornication, sodomy, procuring, pandering, keeping a bawdy
house, engaging in prostitution, or engaging in assignation.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 4(F))
(a)
No
permit or license to conduct a massage establishment shall be issued
unless an inspection by the building official reveals that the establishment
complies with each of the city codes.
(b)
All
walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and
all other physical facilities for the establishment must be in good
repair and maintained in a clean and sanitary condition. Wet and dry
heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower
compartments, and toilet rooms shall be thoroughly cleaned and kept
in a sanitary condition. Bathtubs shall be thoroughly cleaned after
each use.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 4(G))
(a)
The
city secretary 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.
(b)
If,
in the opinion of the city secretary, 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.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 4(H))
No license or permit shall be deemed to grant a vested or property
right, but such license or permit shall remain subject to the terms
and provisions of this article and subject to such future regulations
as shall be promulgated by the city council by ordinance, and any
investment made by an applicant or licensee shall be made subject
to this article.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 4(I))
Upon the sale or transfer of any interest in a massage establishment,
the permit and license issued under the provisions of this article
shall be null and void. A new application shall be made by any person,
firm, or entity designated to own or operate the massage establishment.
A fee of one hundred fifty dollars ($150.00) shall be payable for
each such applicant involving sale or other transfer of any interest
in an existing massage establishment. This fee shall be used to defray
the cost of investigation of the new owner or operator of such establishment.
All provisions of this article shall apply to any person, firm, or
entity applying for a massage establishment permit for premises previously
used as such. Any employee, technician, or aide who has been previously
licensed under the provisions of this article may transfer employment
to any other massage establishment which is licensed under the provisions
of this article upon the payment of a fee of twenty-five dollars ($25.00)
for the transfer, preparation, and issuance of a new license. Any
sale or transfer of any interest in an existing massage establishment,
or any application for an extension or expansion of the building or
other place of business of the massage establishment, shall require
inspection and shall require compliance with all provisions of this
article.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 4(J))
The city secretary shall revoke any license or permit issued
under this article should the holder of such license or permit or
the owner, operator, manager, or employee of any massage establishment
in this city do or commit any of the following acts or fail to comply
with or meet any of the following requirements imposed by this section:
(1)
Upon
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, or the employment of
any person who has been convicted for any of the above offenses prior
to employment.
(2)
Violation
of any provision of this article.
(3)
Violation
of the hours of operation as set forth in this article.
(4)
Violation
of any of the sanitary requirements set forth in this article.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 4(O))
A license or permit 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 or permit for the operation of a massage establishment
in violation of any statute of this state or any provision of this
article or other ordinance or code of the city.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 4(P))
(a)
In
the event the city secretary shall refuse to approve the issuance
of any 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
shall, within ten (10) days after the receipt of written notice of
such action, file with the city council a written appeal. The city
council shall, within thirty (30) 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. Provided,
however, the city secretary may order any permit suspended pending
such hearing, and it shall be unlawful for any person to carry on
the business of a massage technician or to operate as a massage establishment
or employee thereof, depending upon the particular type of permit
which has been suspended, until the suspended permit has been reinstated
by the city council. The license or permit holder shall, in his written
appeal, give the reasons why such suspended permit or license should
not be revoked, and should said person fail to give said notice within
said period of time, the permit or license shall be deemed revoked
for sufficient cause.
(b)
The
notice of suspension of a permit or license shall be served upon the
holder thereof by delivering said notice to such person or by leaving
such notice at the place of business or residence of the permit or
license holder in the custody of a person of suitable age and discretion.
In the event the permit holder cannot be found, and the service of
such notice cannot be made in the manner herein provided, a copy of
such notice shall be mailed, postage fully prepaid, addressed to the
permit holder at his place of business or residence. If the address
of said person or business is within the state, the ten (10) day appeal
period of the city council shall begin five (5) full days after said
notice was placed, postage fully prepaid, in the U.S. mail.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 4(Q))
