[HISTORY: Adopted by the City Council of
the City of Colonial Heights 8-12-1997 by Ord. No. 97-21. Amendments noted where
applicable.]
[Amended 11-12-2003 by Ord. No. 03-29; 10-13-2009 by Ord. No. 09-23]
For the purposes of this chapter, the following words and phrases
shall have the following meanings:
An establishment which provides one or more of the following
services in exchange for consideration: hair care, makeovers, facials,
manicures, pedicures, or body waxing.
An establishment which provides one or more of the following
services in exchange for consideration: hair care, skin care, makeovers,
facials, manicures, pedicures or body waxing.
A hospital, nursing home, convalescent care facility, assisted
living facility, life care facility, or group care facility.
Any person who administers a massage to another person, in
exchange for consideration, and who has qualified as a certified massage
therapist pursuant to the requirements of §§ 54.1-3000
and 54.1-3029 of the Code of Virginia (1950), as amended, including,
but not limited to, a massage clinic operator.
The City of Colonial Heights Police Chief or his designee.
A person receiving a massage.
Anything of value given in exchange for services rendered,
including, but not limited to, money, goods, services or advertising.
An establishment which provides health and fitness equipment
and programs for its client's use in exchange for any form of
consideration. A health club may be located in a hotel or motel but
not in a guest room in a hotel or motel.
The treatment of soft tissues for therapeutic purposes by
the application of massage and body work techniques based on the manipulation
or application of pressure to the muscular structure or soft tissues
of the human body. Massage shall not include the diagnosis or treatment
of illness or disease or any service or procedure for which a license
to practice medicine, nursing, chiropractic therapy, physical therapy,
occupational therapy, acupuncture or podiatry is required by law.
A fixed place of business where a certified massage therapist
gives a client a massage. A massage clinic shall either be freestanding
or located within a health club, tanning salon, hotel or motel (but
not in a guest room in a hotel or motel), beauty salon, barbershop,
a multi-tenant, commercial building or an enclosed shopping mall.
[Amended 6-14-2011 by Ord. No. 11-13]
The person who files and signs the application for a massage
clinic permit and who is responsible for the day-to-day operation
of the clinic. The massage clinic operator need not qualify as a certified
massage therapist if he or she does not intend to administer massage.
Any event occurring in the City that is open to the general
public and involves more than 50 persons.
A massage of the upper body or feet when the massage client
is fully clothed and seated in a chair.
An establishment that has as its primary business the provision
of tanning services in exchange for consideration.
[Amended 11-12-2003 by Ord. No. 03-29]
No person shall administer or perform or permit
to be administered or performed a massage in exchange for consideration
in or upon any premises within the City unless:
A.
The massage is performed for medical, relaxation,
remedial or hygienic purposes; and
B.
The person performing the massage is a certified massage
therapist and holds a valid City permit;
C.
If a massage is performed in a massage clinic, a valid
City massage clinic permit has been issued for the premises.
Section 193-2 shall not apply to massages administered for medical, relaxation, remedial or hygienic purposes by a physician, surgeon, chiropractor, osteopath or physical therapist duly licensed by the Commonwealth of Virginia; a licensed nurse acting under the prescription or direction of any such physician, surgeon, chiropractor, osteopath or physical therapist; or a certified massage therapist acting on the premises of any such physician, surgeon, chiropractor, osteopath or physical therapist and under his prescription or direction. Section 193-2 shall not apply to barber shops or beauty salons in which massage is given to the scalp, face, neck or shoulders only.
[Amended 11-12-2003 by Ord. No. 03-29]
A.
No person shall operate a massage clinic or act as
a certified massage therapist in the City without having obtained
a permit from the City. Permit applications shall be made to the Chief
of Police, who shall investigate all permit applications. Applicants
shall pay to the Director of Finance $300 for a massage clinic permit
and $200 for a certified massage therapist permit, to cover the costs
of investigation by the police, health and other departments, as needed.
The payment shall accompany the permit application. All permits shall
expire annually on the anniversary date of the issuance of the original
permit. Failure to file a renewal application at least 30 days prior
to the expiration date of the permit shall be grounds for revoking
or suspending the permit. A renewal application shall be completed
and submitted, along with a $50 renewal payment, to the Director of
Finance to cover the costs of investigation by the police, health,
fire, and other departments, as needed. A permit application shall
not be considered within 12 months of denial of a substantially similar
permit request.
[Amended 6-14-2016 by Ord. No. 16-20; 7-10-2018 by Ord. No. 18-24]
B.
The certified massage therapist permit application
shall include, but not be limited to, the following:
(1)
The full name, age and present address of the applicant.
(2)
The applicant’s social security number.
(3)
The applicant’s addresses for the 10 years immediately
preceding the date of the application.
(4)
The applicant’s height, weight, sex and eye
and hair color.
(5)
The applicant’s portrait photograph, which gives
a clear view of the applicant’s face.
(6)
The applicant’s business, occupation or employment
for the five years immediately preceding the date of the application.
(7)
The applicant’s previous experience as a massage
clinic operator, a massage practitioner or a certified massage therapist.
(8)
The applicant’s criminal convictions, other
than traffic offenses, and the date and place of the applicant’s
conviction.
(9)
A list of all other professional licenses held by
the applicant from any jurisdiction and whether or not the applicant
has had any such license suspended or revoked.
(10)
Written proof that the applicant meets the requirements
contained in Virginia Code §§ 54.1-3000 and 54.1-3029
for a certified massage therapist.
(11)
Written authorization for theCity, its agents and
employees to conduct a background investigation of the applicant,
including a criminal records check, and to investigate whether the
information provided by the applicant is true.
(12)
Written declaration, dated and signed by the applicant,
certifying that the information contained in the application is true
and correct.
C.
The application for a massage clinic permit shall
contain:
(1)
The full legal name and any trade name of the applicant
and the applicant’s business address and telephone number.
(2)
The applicant’s social security or employer
identification number.
(3)
The applicant’s related employment or business
experience for the five years immediately preceding the date of the
application, including all previous experience as a massage clinic
operator, massage practitioner or certified massage therapist.
(4)
All criminal convictions, other than traffic offenses,
of the applicant and, if applicable, the applicant’s owners,
officers, directors, partners and managers and the date and place
of the conviction.
(5)
A list of all other professional licenses held by
the applicant from any jurisdiction and a statement of whether or
not the applicant has ever had any such license suspended or revoked.
(6)
Written authorization for the City, its agents and
employees to conduct a background investigation, including a criminal
records check, of the applicant and, if applicable, the applicant’s
owners, officers, directors, partners and managers and to investigate
whether the information provided by the applicant is true.
(7)
Written declaration, dated and signed by the applicant,
certifying that the information contained in the application is true
and correct.
(8)
The address for and a description of the massage clinic,
including the number and location of rooms to be used, the number
and names of certified massage therapists to be employed and the hours
of operation.
(9)
If applicable, a list of the applicant’s owners,
officers, directors, partners, and managers, including the name, address
and title of the person filing the application on the applicant’s
behalf.
D.
A renewal application for a massage therapist permit
and a massage clinic permit shall contain:
(1)
The full name, age and present address of the applicant
or, for a massage clinic, the full legal name and any trade name of
the applicant, the applicant’s business address and telephone
number, and the address of the massage clinic.
(2)
The applicant’s social security number or employer
identification number.
(3)
The applicant’s existing permit number.
(4)
All criminal convictions, other than traffic offenses,
of the applicant and, if applicable, the applicant’s owners,
officers, directors, partners and managers and the date and place
of the conviction.
(5)
Written authorization for the City, its agents and
employees to conduct a background investigation, including a criminal
records check, of the applicant and, if applicable, the applicant’s
owners, officers, directors, partners and managers and to investigate
whether the information provided by the applicant is true.
(6)
Written declaration, dated and signed by the applicant,
certifying that the information contained in the renewal application
is true and correct.
[Amended 11-12-2003 by Ord. No. 03-29]
The Chief of Police shall refer permit applications,
as needed, to the City departments charged with enforcing the business
license, zoning, building, plumbing, utility, health, electric and
fire prevention codes for their recommendations.
[Amended 11-12-2003 by Ord. No. 03-29]
Within 60 days of the date of the permit application,
the Chief of Police shall issue the permit if he shall find all the
following:
A.
Any massage clinic to be used or constructed meets
all the zoning, building, plumbing, utility, health, electric and
fire prevention codes, as reported by the applicable departments.
B.
The applicant complies with all requirements of this
chapter.
C.
The applicant is of good moral character and reputation
in the community and does not pose any threat to the community's health
and safety. Any past felony or misdemeanor convictions of the applicant,
including a conviction pursuant to this chapter, shall be considered
in making this determination.
D.
The applicant is at least 18 years old and complies
with the requirements of Virginia Code §§ 54.1-3000
and 54.1-3029.
E.
The applicant has not made any false, misleading or
fraudulent statements in the permit application nor in any other related
document required by the City.
[Amended 11-12-2003 by Ord. No. 03-29]
Every person who receives a massage clinic permit
shall display the permit in a conspicuous place so that it may be
seen by anyone entering the massage clinic premises. Each certified
massage therapist shall post his or her current certificate issued
by the State Board of Nursing in a public area at the massage clinic
premises.
[Amended 11-12-2003 by Ord. No. 03-29]
A.
Each massage clinic shall have and maintain the following
facilities or equipment in a clean, sanitary and workable condition:
(1)
Equipment for disinfecting and sterilizing nondisposable
instruments and materials if used in performing massage.
(2)
Hot and cold water and soap, which shall be provided
at all times.
(3)
Towels and linens for each of the clinic's clients
or each client receiving massage services. Common use of towels or
linens shall not be permitted.
(4)
A custodial service sink located in the building in
which the massage clinic quarters are located.
B.
Each massage clinic operator shall maintain any walls,
ceilings, floors, pools, showers, bathtubs, steam rooms and any other
physical facilities for the clinic in good repair and in a clean and
sanitary condition. Any heat, steam or vapor rooms or cabinets shall
be cleaned each day the clinic is in operation. Bathtubs shall be
thoroughly cleaned after each use.
C.
Massage tables, bathtubs, shower stalls and steam
or bath areas shall have nonporous surfaces which may be readily disinfected.
[Amended 11-12-2003 by Ord. No. 03-29]
A.
No massage clinic operator or certified massage therapist
shall be permitted to give massage or come in contact with a massage
clinic client unless the operator or certified massage therapist shall
be free of any contagious or communicable disease. The Director of
Public Health or his designee may, for cause, prohibit an operator
or certified massage therapist from giving massage unless and until
the person provides him with a certificate from a licensed physician
that the person has been examined within the previous 10 days and
found to be free of all contagious or communicable diseases.
B.
No certified massage therapist shall knowingly serve
any client infected with any fungus or other skin infection; nor shall
massage be performed on any client exhibiting skin inflammation or
eruption unless a licensed physician has certified that any such person
may be safely served and has prescribed any necessary conditions on
the service.
[Added 11-12-2003 by Ord. No. 03-29]
A certified massage therapist may give a massage
in the City only at the following locations and under the following
conditions:
A.
At a permitted massage clinic;
B.
At the regular place of business, not located in a
residence, of the massage client during the regular hours of such
business; provided that a certified massage therapist may only give
a seated massage at such location;
C.
At a care facility;
D.
At a public gathering; provided that a certified massage
therapist may only give a seated massage at such location.
[1]
Editor's Note: Former § 193-10,
Records of treatment, was repealed 11-12-2003 by Ord. No. 03-29.
[Amended 11-12-2003 by Ord. No. 03-29]
A.
It shall be unlawful for a certified massage therapist
to:
(1)
Place his or her hand or hands upon, to touch with
any part of his or her body, to fondle in any manner, or to massage
a sexual or genital part of a client;
(2)
Expose his or her sexual or genital parts or any portion
thereof to a client;
(3)
Expose the sexual or genital parts or any portion
thereof of a client; or
(4)
Fail to conceal with a fully opaque covering the sexual
or genital parts of his or her body while in the presence of a client.
B.
It shall be unlawful for a client to:
(1)
Place his or her hand or hands upon, to touch with
any part of his or her body, to fondle in any manner, or to massage
a sexual or genital part of a certified massage therapist;
(2)
Expose his or her sexual or genital parts or any portion
thereof to a certified massage therapist;
(3)
Expose the sexual or genital parts or any portion
thereof of a certified massage therapist; or
(4)
Fail to conceal with a fully opaque covering the sexual
or genital parts of his or her body while in the presence of a certified
massage therapist.
C.
It shall be unlawful for any person owning, operating or managing a massage clinic, knowingly or having knowledge of such facts as are sufficient to give him constructive knowledge, to cause, allow or permit, in or about such massage clinic or place of service, any agent, employee or any other person under his control or supervision to perform such acts prohibited in Subsections A and B herein.
D.
The words “sexual or genital parts” shall
include the genitals, pubic area, buttocks or anus of any person and
the breasts of a female person.
A.
A massage clinic shall not be operated under any name
or at any location except the name and location specified in the permit.
A massage clinic shall only be located within the following zoning
districts: B-1 General Business District; B-2 Shopping Center District;
B-3 General Business (High Density) District. A massage clinic shall
not be located in any residentially zoned district or residence.
B.
The massage clinic operator shall be responsible for
maintaining the premises in accordance with this chapter's requirements
and for insuring that all agents and employees comply with this chapter's
requirements. No person granted a certified massage therapist permit
shall operate under any name except the name specified in the permit.
C.
No massage clinic operator shall allow on his premises
any activity or behavior prohibited by the laws of the United States,
the Commonwealth of Virginia, or this City relating to gambling, prostitution,
sodomy, adultery, fornication, lewd and lascivious cohabitation, controlled
substances or any other laws relating to obscenity or moral turpitude,
and no certified massage therapist shall engage in any such behavior.
The Chief of Police may revoke or suspend any
permit upon the violation of this chapter. No permit shall be revoked
until the Chief of Police holds a hearing to determine just cause
for the revocation or suspension. At the hearing, the permittee shall
be able to present evidence and argument against revocation or suspension.
The permittee shall be provided with notice of the hearing by mail,
at least five days prior to the hearing, to the address on the permit.
Notice shall include a written statement setting forth the grounds
for revocation or suspension. After the hearing, the Chief of Police
shall determine whether a violation has occurred and, if so, whether
the permit should be suspended or revoked. Upon finding a violation,
the Chief of Police may suspend the permit for not more than 60 days
or revoke the permit. The Chief of Police's decision shall be final.
If a massage clinic is sold or transferred to
a new owner, the clinic's permit shall no longer be valid. Unless
prior approval shall have been obtained from the Chief of Police,
the enlargement or alteration of the massage clinic's business structure
shall automatically revoke the permit.
The Police or Health Department may inspect
those areas of each massage clinic which are open to the public for
the purpose of determining compliance with this chapter. Inspections
shall be made at reasonable times and in a reasonable manner.
Any person who violates this chapter shall, in addition to being subject to the provisions of § 193-13 and to the provisions of any other applicable ordinance or statute, be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding $1,000 or by confinement in jail for a period not exceeding one year, either or both.
