(a) 
It shall be unlawful for any person to obtain a certificate of occupancy to operate a massage establishment without first having provided proof of valid and current licenses issued by the State of Texas, in accordance with Chapter 455 of the Texas Occupations Code, for any massage therapist employed by the massage establishment and for the massage establishment. It shall further be unlawful for any person to operate a massage establishment after such licenses have been revoked, or during a period for which such licenses have been suspended.
(b) 
Such certificate of occupancy shall be issued only upon validation of all state licenses and requirements, upon the payment of all required fees as specified in section 18-335, and approval of the administrator.
(c) 
Maintenance of a certificate of occupancy to operate a massage establishment shall require at least an annual inspection by the administrator evidencing compliance with state licensing requirements for massage therapists and massage establishments as well as all applicable city ordinances and regulations.
(Ordinance 3453, § 2, adopted 3/27/2017)
(a) 
A massage establishment shall be licensed by the department in accordance with state laws and regulations governing massage establishments. The license holder shall display such license in a prominent location in the massage establishment and make a copy of such license easily accessible and available for inspection by the public.
(b) 
Each licensed massage establishment must notify each client of the name, mailing address, and telephone number of the department for the purpose of directing complaints to the department. This information must be provided on a sign displayed in a prominent location in the massage establishment.
(Ordinance 3453, § 2, adopted 3/27/2017)
After an application has been made for a certificate of occupancy, the administrator shall verify with the department that the applicant has successfully passed a background check acceptable to the department. In the event the department has not conducted a criminal history background check at the time of application for the certificate of occupancy, the administrator, in his or her discretion, may conduct a criminal history background check on the applicant, owner, operator, or investor in the massage establishment. An applicant is not eligible for a certificate of occupancy if the applicant, in the five years preceding the date of the application, has been finally convicted of a misdemeanor involving moral turpitude or a felony.
(Ordinance 3453, § 2, adopted 3/27/2017)
At the time of making application for the certificate of occupancy to operate a massage establishment, the applicant shall submit to the administrator, the names and addresses of all employees of the massage establishment for which a certificate of occupancy is sought, a copy of the current State of Texas massage therapy license for each massage therapist, and a copy of the State of Texas massage establishment license for the establishment.
(Ordinance 3453, § 2, adopted 3/27/2017)
The fee for the certificate of occupancy shall be as established in appendix A for each such massage establishment. If the certificate of occupancy is obtained between January 1 and June 30 of any year, the full amount of such fee shall be paid. If such certificate of occupancy is obtained between July 1 and December 31 of any year, the fee shall be one-half of such amount. No refund of certificate of occupancy fees shall be made.
(Ordinance 3453, § 2, adopted 3/27/2017)
(a) 
The administrator may refuse to approve the issuance of or revoke any certificate of occupancy issued under this article if the holder of such certificate or the owner, operator, manager, or employee of any massage establishment in the city commits any of the following acts or fails to comply with or meet any of the following requirements imposed by this article:
(1) 
Prior or subsequent final conviction in any court of a misdemeanor involving moral turpitude or a felony in accordance with section 18-333.
(2) 
Prior or subsequent final conviction of, entering a plea of nolo contendere or guilty to, or receiving deferred adjudication for an offense involving prostitution or any other sexual offense.
(3) 
The occurrence at the massage establishment of any act or conduct in violation of this article, including, but not limited to, the standards of operation set forth in section 18-361.
(4) 
Massage of prohibited body areas.
(5) 
Failure to submit current state licenses for the massage establishment and any massage therapist operating at the massage establishment.
(6) 
Failure to properly register a customer or maintain a customer registration ledger as required by applicable state law.
(7) 
Knowingly permitting a customer to provide false registration information.
(8) 
Violation of the hours of operation as set forth in this article.
(9) 
Prohibiting entrance to the administrator or a law enforcement officer for the purpose of inspection of the licensed premises or the books or records required to be kept by this article.
(10) 
Failure to provide the required books or records for inspection as required by this article or applicable state law.
(11) 
Performing any massage procedure, service or treatment, or asking or collecting a charge for same, other than the services displayed as required by section 18-361.
(12) 
Violation of any of the sanitary requirements set forth in section 18-364.
(13) 
Failure to display a list of services performed in the massage establishment as required by section 18-361.
(14) 
Failure to pass an inspection conducted by the administrator or other designated officer in accordance with this article.
(b) 
The administrator, or other officer as designated by the city manager, shall notify the applicant or licensee in writing of the decision to deny issuance or revoke a certificate of occupancy and list the reasons for such denial or revocation. The decision of the administrator shall be final, unless, within ten days of notice of the administrator's decision, the applicant or licensee provides sufficient evidence that such action causing the violation or conduct has been cured. If such violation has been cured to the satisfaction of the administrator, or other designated officer, then the certificate of occupancy shall be promptly reinstated. If after the ten day cure period, such violation or conduct is not cured to the satisfaction of the administrator or other designated officer, such denial or revocation shall become final, unless appealed in writing to the city manager. The city manager shall review the evidence and render a decision within 30 days of receipt of an appeal. The decision of the city manager shall be final. An applicant or licensee may not appeal a decision of the administrator denying the issuance of or revocation of a certificate of occupancy denied or revoked pursuant to sections 18-337(a)(1), (a)(2), or (a)(5).
(c) 
This section shall not prevent any applicant or licensee from complying with any other city code, ordinance, rule, regulation, or applicable state law governing zoning or certificates of occupancy.
(Ordinance 3453, § 2, adopted 3/27/2017)
(a) 
The administrator shall be authorized to inspect any massage establishment to determine or ensure compliance with the provisions of this article during the hours of operation of the massage establishment.
(b) 
Whenever necessary to inspect or enforce any of the provisions of this article, the administrator may enter the building or premises at all reasonable times during the hours of operation to conduct any duty authorized by this article. If the building or premises are occupied, the Administrator must present proper credentials and request entry. If the building or premises are unoccupied, the administrator must make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry is refused, or, if the owner or other person having charge or control of the building or premises cannot be located, the administrator may exercise any and all enforcement powers granted by law to secure entry.
(c) 
The administrator reserves the right, and shall be authorized to, enter the premises at any time to inspect the massage establishment, if in the sole discretion of the administrator, an inspection is required to protect the public health, sanitation or safety.
(Ordinance 3453, § 2, adopted 3/27/2017)
(a) 
The administrator shall have primary responsibility for enforcing all provisions of this article. Other officers of the city, as designated by the city manager, shall share responsibility for enforcing the provisions of this article.
(b) 
The city may exercise any and all enforcement powers granted by law in enforcing the provisions of this article.
(c) 
Any person or corporation who violates any of the provisions of this article or fails to comply with any of the requirements thereof shall be guilty of a misdemeanor and subject to a fine as set forth in section 1-13 of this Code of Ordinances. Each day that a violation is permitted to exist shall constitute a separate offense. Any association, partnership, or corporation that violates this article shall be guilty of a health and sanitation misdemeanor and subject to such fine.
(Ordinance 3453, § 2, adopted 3/27/2017)