[HISTORY: Adopted by the Board of Supervisors of the Buchanan County
at time of adoption of Code 4-7-1997 (see Ch. 1, General
Provisions, Art. I). Amendments noted where applicable.]
GENERAL REFERENCES
[In regard to statutory references, unless the county specifically amends
the statutory provisions to the contrary or repeals the statutory provisions,
future amendments to said statute shall take effect as provided by law.]
For the purposes of this chapter, the following words and phrases shall
have the meanings respectively ascribed to them by this section:
Any establishment which offers service in the form of massage, baths,
exercises or similar services, in combination to club members or to the public
for a charge. The term "health club" does not include:
Hospitals, nursing homes, medical clinics or the offices or quarters
of a physician, a surgeon or an osteopath.
Exercise clubs exclusively for members or clientele of one sex alone
where the services, without massage in any form, are performed by persons
of the same sex as the members or clientele.
Barbershops and beauty parlors.
A person who practices any one or more of the arts of body massage,
either by hand or mechanical apparatus, oil rubs, corrective gymnastics, mechanotherapy,
including color therapy, dietetics, hot packs, cabinet, tub, shower, sitz,
vapor, steam or any other special type of bath.
This chapter is enacted for the purposes of securing and promoting the
health, safety and general welfare of the people of the county.
It is hereby declared that the business of operating health clubs, as
defined in this chapter, is business affecting the public health, safety and
general welfare.
It shall be unlawful for any person to engage in the business of a health
club without a permit or being in violation of any requirements or prohibitions
set forth in this chapter or any regulation issued pursuant thereto.
A.
No health club shall operate without first obtaining
a permit.
B.
No permit shall be issued for any health club, except
to an owner or manager who is either a physician, a registered nurse with
at least two years' nursing experience, a licensed practical nurse with
at least four years' nursing experience or a registered physical therapist.
C.
Permit forms are obtainable and are processed in the
offices of inspections and permits.
D.
Additional permits required.
(1)
It shall be unlawful for any person, as defined in Subsection I of this section, to own or manage a massage parlor or health club, as defined herein, or to give a massage within Buchanan County or to offer to give a massage in Buchanan County or to offer to give a massage elsewhere if such offer is made within Buchanan County or for any masseur or masseuse to give or offer a massage without a valid nonsuspended permit issued pursuant to this chapter. Said permit must be conspicuously posted in the massage parlor or health club, that is, so that the permit may be readily seen by persons entering the premises in the public room thereof, or, if said massage is given in other than a health club, said permit must be available on request.
(2)
It shall be unlawful for any person, as defined in Subsection I of this section, to establish, maintain or operate a health club in which he or she or a masseur or masseuse who does not have a valid nonsuspended permit pursuant to this chapter performs or offers to perform or where it is offered to perform massages, a massage in Buchanan County or elsewhere.
E.
Any person desiring a permit hereunder shall make application
to the County Administrator on forms provided by him. Each permit application
shall be accompanied by an application fee of $50, payable to the Treasurer
of Buchanan County. Each application shall contain the name, address, social
security number, height, weight and current and last previous employment of
the applicant. In addition, such application shall include a sworn statement
as to whether or not the applicant has been, within the last five years, convicted,
pleaded nolo contendere or suffered a forfeiture on any felony charge or on
a charge of violating any provision included in §§ 18.2-344
through 18.2-353, 18.2-355 through 18.2-361, 18.2-365, 18.2-366, 18.2-367,
18.2-368, 18.2-370, 18.2-372, 18.2-374 through 18.2-379, 18.2-382 and 18.2-387
of the Code of Virginia, which laws relate to sexual offenses, or on a charge
of violating a similar law of any other jurisdiction or on a charge of violating
any provision of this chapter or similar ordinance in any other jurisdiction.
The application shall state thereon, "it is unlawful for any person to make
a false statement on this application, and discovery of a false statement
shall constitute grounds for denial of an application or revocation of a permit."
Each applicant shall be photographed and shall have his or her fingerprints
taken, which fingerprints and photograph shall constitute part of the application.
The permit shall be valid for a period of one year, and it may be renewed
for additional one-year periods upon the filing of a new application and payment
of the application fee of $50. All provisions of this chapter shall apply
to renewals in the same manner as they apply to applications for and granting
of initial permits.
F.
Upon receipt of the application fee as provided for in
the preceding subsection, the County Administrator shall make or cause to
be made a thorough investigation relative to the application. The County Administrator
shall deny any application for a permit under this chapter after notice and
hearing if he or she finds that the applicant has been, during the previous
five years, convicted, pleaded nolo contendere or suffered a forfeiture on
any felony charge or on a charge of violating any provision included in §§ 18.2-344
through 18.2-353, 18.2-355 through 18.2-361, 18.2-365, 18.2-366, 18.2-367,
18.2-368, 18.2-370, 18.2-372, 18.2-374 through 18.2-379, 18.2-382 and 18.2-387
of the Code of Virginia, as amended, which laws relate to sexual offenses,
or on a charge of violating any similar law of any other jurisdiction or on
a charge of violating any provision of this chapter or similar ordinance in
any other jurisdiction. The making of a false statement on the application
as provided for in this chapter shall also be grounds for denial of this permit.
Notice of the hearing before the County Administrator for denial of this application
shall be given in writing, setting forth the grounds of the proposed denial
of permit and the time and place of the hearing. Such notice shall be mailed
by certified mail to the applicant's last known address at least five
days prior to the date set for the hearing. The County Administrator shall
submit his decision to the applicant within five days of his decision or within
30 days of his receipt of the application, whichever is the sooner.
G.
The County Administrator shall revoke the permit of any
person after notice and hearing if the County Administrator finds that such
person has been, within the previous five years, convicted, pleaded nolo contendere
or suffered a forfeiture on any felony charge or on a charge of violating
any provision included in §§ 18.2-344 through 18.2-353, 18.2-355
through 18.2-361, 18.2-365, 18.2-366, 18.2-367, 18.2-368, 18.2-370, 18.2-372,
18.2-374 through 18.2-379, 18.2-382 and 18.2-387 of the Code of Virginia,
as amended, which laws relate to sexual offenses, or on a charge of violating
any provision of this chapter or similar ordinance in any other jurisdiction.
The permit shall also be revoked by the County Administrator if he finds,
after notice and hearing, that any permit holder has made a false statement
on the application provided for herein. Notice of the hearing before the County
Administrator for revocation of the permit shall be given in writing, setting
forth the grounds of the proposed revocation and the time and place of the
hearing. Such notice shall be mailed by certified mail to the permit holder's
last known address at least five days prior to the date set for the hearing.
H.
It shall also be unlawful for any person to purport to
hold a valid permit when they do not or to fail to display, upon request to
any police officer, corroborating identifying evidence that he or she is,
in fact, the person displaying the permit or to fail to display the permit
upon request by a police officer. It shall likewise be an automatic cause
for revocation of the permit of any owner or manager of a massage parlor should
they have two or more violations of these provisions in their establishment
within a twelve-month period.
I.
A person applying for a permit hereunder shall include
a partnership or association and any partner or member thereof, or, if the
applicant is a corporation, it shall include any officer, director or manager
thereof or shareholder owning 10% or more of its stock and shall likewise
include members of both sexes.
J.
In the event that the County Administrator should deny
or revoke any permit hereunder, the applicant shall have an automatic right
to appeal such denial or revocation to the Board of Supervisors. The Board
shall hold a hearing with the same procedural guidelines as set out above
for the County Administrator, within 30 days of the date of the denial or
revocation. The Board shall render its decision after a review of the findings
of the County Administrator and any other evidence submitted to the Board.
The Board shall submit its decision to the applicant or permit holder within
five days of its decision or within 30 days of the hearing, whichever is sooner.
A.
No person shall give or offer or hold oneself out to
offer a massage as a masseur or masseuse within the meaning of this chapter
or employ or engage as an independent contractor any masseur or masseuse who
gives or offers or holds oneself out to offer a massage unless such person
shall have satisfactorily completed a course or courses of study in body massage
in an approved school of instruction or training within the criteria and guidelines
set forth below:
(1)
Said courses shall pertain to anatomy, physiology, hygiene,
first aid, exercise therapy, massage techniques and related aspects of the
art and science.
(2)
A course of study in body massage shall constitute 1,000
hours of study in connection with an approved school.
(a)
Five hundred hours of said study shall be accredited
instructional hours pertaining to:
[1]
Classroom or clinical training in therapeutic massage
and reflexology techniques.
[2]
Classroom or clinical instruction or contraindications
for massage.
[3]
Classroom or clinical or laboratory instruction to develop
a knowledge of the anatomy and physiology of the systems of the body, with
emphasis on the muscular and skeletal systems.
(b)
The additional 500 hours may be accomplished simultaneously
with the academic, clinical or classroom or laboratory training by virtue
of what is commonly known as "on-the-job training" or can be certified to
by an employer of a masseur or masseuse by sworn affidavit as having been
accomplished during or before the effective date of this chapter. Such training
shall pertain to understanding the benefits of massage and assisting the students
in developing an awareness of massage as a therapeutic process.
B.
Approved schools.
(1)
Any school or education institution licensed to do business
as a school or educational institution in the state in which it is located
and providing requisite training herein provided for shall constitute an approved
school.
(2)
Any school recognized by or approved by or affiliated
with the American Massage and Therapy Association, Inc., shall constitute
an approved school.
C.
Compliance with this section shall first be determined
by the County Administrator, with the same rights of appeal and hearing to
the Board of Supervisors as elsewhere granted in this chapter.
D.
Employment shall be established by sworn affidavit from
the employer; after which time such person must be actively engaged, enrolled
or participating in a course of study designed to fulfill the requirements
of this section and which is certified to by an official of the approved school.
The burden of establishing such active engagement, enrollment or participation
shall be upon the person seeking a permit herein.
E.
In no event shall any person within the purview of this
chapter act as aforesaid without satisfying the training requirement set forth,
within Buchanan County.
A.
No health club shall begin operations until the building
occupied or to be occupied shall have been approved by the County Administrator,
who shall establish procedures for investigation and report by the administrative
officers of the building, plumbing, electric and fire prevention regulations.
B.
An applicant for a permit to operate a health club shall
submit to the County Administrator plans and specifications of the quarters
proposed to be occupied. Such plans shall show details of entrances, partitions,
windows, openings, ventilation, plumbing fixtures, water supply and vent connections.
C.
Each health club shall be equipped with separate readily
available toilet and lavatory facilities for patrons and separate readily
available toilet and lavatory facilities for personnel. Each operating area
shall be equipped with a hand lavatory.
D.
Either the club quarters or the floor of the building
on which the quarters are located shall be equipped with a service sink for
custodial services.
A.
All equipment, shower stalls, toilets, lavatories and
any other such accouterments of the establishment shall be regularly treated
with disinfectants and shall be maintained in a clean and sanitary condition
at all times.
B.
Health, plumbing, electric and other inspectors shall
be given access to any part of the quarters of a health club for purposes
of inspection at all reasonable times.
C.
No person shall practice any of the services of a health
club without a certificate of good health issued by a duly licensed physician,
commensurate with the nature of the services rendered. Such certificate shall
be renewed every six months.
D.
No health club shall knowingly serve any patron infected
with any fungus or other skin infections; nor shall service be performed on
any patron exhibiting skin inflammation or eruptions, provided that a duly
licensed physician may certify that a person may be safely served, prescribing
the conditions thereof.
E.
All personnel shall wash his or her hands in hot running
water, using a proper soap or disinfectant, before giving any service or treatment
to each separate patron.
F.
All towels and tissues, all sheets or other coverings
shall be used singularly for each patron and discarded for laundry or disposal
immediately after use.
G.
Nondisposable tools of the trade shall be disinfected
after use upon one patron.
No part of any quarters of any health club shall be used for or connected
with any bedroom or sleeping quarters; nor shall any person sleep in such
health club, except if it shall be for limited periods incidental to and directly
related to a massage or bath. This provision shall not preclude the location
of a health club in separate quarters of a building housing a hotel or other
separate businesses or clubs.
It shall be unlawful for any establishment, regardless of whether it
is a public or private facility, to operate as a massage salon, bath parlor
or any similar type of business where any physical contact with the recipient
of such services is provided by a person of the opposite sex. Any person violating
the provisions of this section shall, upon conviction, be punished as provided
in this Code; and, in addition to such penalty, it shall be the duty of the
County Administrator to revoke the license of the owner or manager of the
establishment wherein the provisions of this section shall have been violated.
A.
No owner or manager of a health club shall tolerate in
his establishment any activity or behavior prohibited by the laws of the commonwealth,
particularly, but not exclusive of, § 18.2-365 et seq. of the Code
of Virginia, proscribing prostitution, sodomy, a bawdy place, adultery, fornication
and any lewd and lascivious cohabitation, etc., and § 18.2-372,
being the state statute on obscenity, dealing with shameful or morbid interest
in nudity or sex, which appeals to prurient interest and which covers obscene
items, exhibitions, performances, indecent exposure, illicit photographs or
photographic activity and illicit modeling; nor shall any owner or manager
tolerate in his or her establishment any activity or behavior which violates
this Code, particularly, but not exclusive of, those sections which parallel
the state statutes on immorality and obscenity detailed above.
B.
Any conviction of any employee of a health club of a
violation of the foregoing mentioned statutes and codes shall devolve upon
the owner or manager of such club, it being specifically declared hereby that,
following such a conviction of an employee, the owner or manager of the club
shall be prosecuted as an accessory to such violation.
This chapter shall be construed to be compatible with and not in conflict
with supplementary sections of this Code.
