[HISTORY: Adopted by the Board of Supervisors
of Warren County 9-7-1976. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 180.
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.
[Amended 7-19-2011]
This chapter is enacted pursuant to the provisions
of § 15.2-1200, Code of Virginia, 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, are businesses 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 in violation
of any requirements or prohibitions set forth in this chapter or any
regulation issued pursuant thereto.
[Added 5-3-1993; amended 7-21-1998]
No health-care professionals, including but not limited to physicians, surgeons, physical therapists, certified massage therapists, chiropractors and dentists, who are licensed by the commonwealth following an examination to practice their profession, nor any corporation or association consisting of such health-care professionals, shall be required to obtain a permit to offer the services set forth in § 107-1, and the provisions of this chapter shall not apply to such health-care professionals.
A.
No health club shall operate without first obtaining
a permit.
C.
Permit forms are obtainable and are processed in the
offices of the County Administrator.
D.
Additional permits required.
(1)
It shall be unlawful for any person as defined in
Subsection 1 of this section to own or manage a massage parlor or
health club as defined herein or to give a massage within the health
club as defined herein or to give a massage within the county or to
offer to give a massage in the county or to offer to give a massage
elsewhere if such offer is made within the 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 1 of this section to establish, maintain or operate a health
club in which he 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 or to offer a massage
in the county or elsewhere except as provided for in this chapter.
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 $20, payable to the Treasurer of the 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 18.2-389. Code of Virginia 1950. as amended, 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 any other ordinance of the county or similar ordinance
in any other jurisdiction. The application shall state thereon that
"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." 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 an application fee of $10. All provisions of this chapter shall
apply to renewals in the same manner as they apply to applications
for and granting of initial permits.
[Amended 2-6-1989]
F.
Upon receipt of the application fee as provided for
in the preceding section, 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 the County Administrator
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 18.2-389, Code of Virginia 1950, 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 any other ordinance of the county or similar ordinance
in any other jurisdiction. The making of a false statement on the
application as provided for in this Code 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 18.2-389, Code of Virginia 1950, as amended, which laws relate
to sexual offenses, or on a charge of violating any provision of this
chapter or any other ordinance of the county 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 of Supervisors 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 of Supervisors
shall render its decision after a review of the findings of the County
Administrator and any other evidence submitted to it. The Board of
Supervisors 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.
Training at approved school.
(1)
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:
(a)
Such courses shall pertain to anatomy, physiology,
hygiene, first aid, exercise therapy, massage techniques and related
aspects of the arts and sciences.
(b)
A course of study in body massage shall constitute
1,000 hours of study in connection with an approved school.
[1]
Five hundred hours of study shall be accredited
instructional hours pertaining to:
[a]
Classroom or clinical training in therapeutic
massage and reflexology techniques.
[b]
Classroom or clinical instruction or contraindications
for massage.
[c]
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.
[2]
The additional 500 hours may be accomplished
simultaneously with the academic, clinical, 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 shall assist the student in developing
an awareness of massage as a therapeutic process.
(2)
Any school or educational 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."
(3)
Any school recognized by or approved by or affiliated
with the American Massage and Therapy Association, Inc., shall constitute
an "approved school."
B.
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.
C.
For a person presently employed as a masseur or masseuse
in the county, this section shall not apply until September 8, 1976.
Present 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, which course of study 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.
D.
For persons not so employed, this section shall be
effective upon passage, and permits for any such person shall be revoked
on November 1, 1976, unless those persons presently employed are pursuing
the study set forth by that date.
E.
In no event shall any person within the purview of
this chapter act as aforesaid without satisfying the training requirement
set forth within the county after November 1, 1976.
A.
No health club shall begin operations until the building
occupied or to be occupied shall have been approved by the Board of
Supervisors. who shall establish procedures for investigation and
report by the administrative officers of the building, plumbing, electric
and fire prevention codes.
B.
An applicant for a permit to operate a health club
shall submit to the Board of Supervisors 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 toilet and
lavatory facilities; 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 accoutrements 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 unless provided
that a duly licensed physician certifies 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 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.[1]
[1]
Editor's Note: Former Sec. 9.1-11, Massages
or baths administered by person of opposite sex, which immediately
followed this section, was deleted 2-6-1989.
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 Chapter 8,
Article 3, Title 18, § 18.2-344 et seq., Code of Virginia,
proscribing prostitution, sodomy, a bawdy place, adultery, fornication
and any lewd and lascivious cohabitation, etc., and Article 5 thereof
§ 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. 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.
