Chapter 5.15
MASSAGE ESTABLISHMENTS – BODY PAINTING – MODELING STUDIOS – BATHHOUSES
Sections:
5.15.010 Definitions.
5.15.020 Permit – Required.
5.15.030 Permit – Application – Fees.
5.15.040 Permit – Issuance.
5.15.050 Permit – Suspension or revocation.
5.15.060 Employee permit – Required.
5.15.070 Employee permit – Application – Fees.
5.15.080 Employee permit – Issuance.
5.15.090 Employee permit – Revocation.
5.15.100 Permits – Transfer – Other licenses and fees.
5.15.110 Applicability to existing businesses.
5.15.120 Facilities necessary.
5.15.130 Inspections – Immediate right of entry.
5.15.140 Education requirements – Masseur or masseuse.
5.15.150 Identification cards.
5.15.160 Operation regulations.
5.15.170 Restriction of business to premises.
5.15.180 Supervision.
5.15.190 Employee and patron registers.
5.15.200 Advertising.
5.15.210 Under 18 years – Prohibited on premises.
5.15.220 Exceptions.
5.15.230 Violation – Penalty.
5.15.010 Definitions.
Words and terms used in this chapter shall have meanings as follow unless the context otherwise requires:
A. “Bathhouse” refers to the occupation of maintaining and operating for compensation any services of baths of all kinds, including all forms and methods of hydrotherapy.
B. “Body-painting studios” means the occupation of maintaining, operating and offering any services for compensation of applying paint or other substance, whether transparent or nontransparent, to or on the human body when such body is wholly or partially nude, by any means of application, technique, or process.
C. “Employee” means any person, other than masseurs or masseuses, who renders any service to a permittee under this chapter, who receives compensation from the permittee or patron.
D. “Massage” means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniment, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.
E. “Massage establishment” means any establishment having a place of business where any person, firm, partnership, association, or corporation engages in or carries on or permits to be engaged in or carried on any of the activities mentioned in subsection (D) of this section for compensation.
F. “Masseur” or “masseuse” means any person who, for any consideration whatsoever, engages in the practice of massage as defined in this chapter.
G. “Modeling studio” refers to the occupation of maintaining, operating and offering any services for compensation of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise. To be included within the definition of “modeling studios” is the occupation or practices for compensation of offering one’s body, wholly or partially in the nude, for the purpose of having designs of whatever nature applied thereto by whatever process or technique with any kind of substance whether it be transparent or nontransparent.
H. “Patron” means any person over 18 years of age who utilizes or receives the services of any establishment subject to the provisions of this chapter and under such circumstances that it is reasonably expected that he or she will pay money or give any other consideration therefor.
I. “Recognized school” means any school or institution of learning which has for its purpose the teaching of the theory, method, profession, or work of massage, which school requires a resident course of study not less than 70 hours to be given in not more than three calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning.
J. “Specified anatomical areas” means human genitals, pubic region, buttock or female breast or breasts or any combination of the foregoing. (Ord. 1943 § 2. Code 1990 § 5-301)
5.15.020 Permit – Required.
No person, firm, partnership, association or corporation shall operate a bathhouse, massage establishment, body-painting studio or modeling studio as defined in this chapter without first having obtained a permit therefor issued by the Governing Body of this City. A separate permit shall be required for each and every separate place of business conducted by any one permittee; such permit shall be valid only from January 1st to December 31st of each calendar year. (Ord. 1943 § 2. Code 1990 § 5-302)
5.15.030 Permit – Application – Fees.
A. Every applicant for a permit to maintain, operate or conduct any such establishment shall file an application with the City Clerk and pay an annual filing fee to the City Clerk of $200.00 which shall not be refundable or prorated.
B. The application for a permit to operate any such establishment shall set forth the exact nature of the services to be provided, the proposed place of business, and facilities therefor, and name, address, and telephone number of each applicant, including stockholders holding more than 10 percent of the stock of the corporation, any partner, when a partnership is involved, and any manager.
C. In addition to the foregoing, any applicant for a permit shall furnish the following information:
1. Written proof that the applicant is at least 18 years old;
2. Two portrait photographs at least two inches by two inches and fingerprints;
3. Business, occupation, or employment of the applicant for the three years immediately preceding the date of application;
4. The massage, bathhouse, modeling studio, and body-painting studio business license history of the applicant, whether such person, in previously operating 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;
5. Any criminal convictions, except minor traffic violations, fully disclosing the jurisdiction in which convicted and the offense for which convicted and the circumstances thereof;
6. In the case of a bathhouse, massage establishment, modeling studio, or body-painting studio application, each person shall submit a health certificate from a duly licensed physician stating that the applicant has within 30 days prior thereto been examined and found to be free of any contagious or communicable disease;
7. Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and qualifications of the applicants for the permit. (Ord. 1943 § 2. Code 1990 § 5-303)
5.15.040 Permit – Issuance.
A. After the filing of an application in the proper form, the Governing Body shall examine the application, and after such examination, shall issue a permit for a massage establishment, modeling studio, or body-painting studio, unless the Governing Body finds that:
1. The correct permit fee has not been tendered to the City, and, in the case of a check or bank draft, honored with payment upon presentation;
2. The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to, the City’s building, zoning and health regulations;
3. The applicant, if an individual; or any of the stockholders holding more than 10 percent of the stock of the corporation, any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the operation of the business, have been convicted of any crime which would make any person ineligible to receive a permit under this chapter, unless such conviction occurred at least five years prior to the date of the application;
4. The applicant has knowingly made any false, misleading, or fraudulent statement of fact in the permit application or in any document required by the City in conjunction therewith;
5. The applicant has had a massage establishment, bathhouse, body-painting studio, or modeling studio, as defined in this chapter, or other similar permit or license denied, revoked, or suspended for any of the above causes by the City or any other state or local agency within five years prior to the date of the application;
6. The applicant, if an individual; or any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the operation of the business is not over the age of 18 years;
7. The manager or other person principally in charge of the operation of the business would be ineligible to receive a permit under the provisions of this chapter.
B. Any permit issued under the provisions of this chapter shall at all times be displayed by the permittee in an open and conspicuous place on the premises where the permitted business is conducted. (Ord. 1943 § 2. Code 1990 § 5-304)
5.15.050 Permit – Suspension or revocation.
Rules and regulations pertaining to revocation and suspension of business permits shall be as follows:
A. Any permit issued for a massage establishment, bathhouse, modeling studio or body-painting studio may be revoked or suspended by the Governing Body after a public hearing before the Governing Body where it is found that any of the provisions of this chapter are violated or where the permittee or any employee of the permittee, including a masseur or masseuse, has been convicted of any offense found in GMC 5.15.080(A), and the permittee has actual or constructive knowledge of the violation or conviction or in any case, where the permittee or licensee refuses to permit any duly authorized public safety officer of the City or Health Inspector of the County Department of Health to inspect the premises or the operations therein.
B. The Governing Body, before revoking or suspending any permit, shall give the permittee at least 10 days’ written notice of the charges against him and the opportunity for a public hearing before the Governing Body, at which time the permittee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing. (Ord. 1943 § 2. Code 1990 § 5-305)
5.15.060 Employee permit – Required.
No person shall be employed as an attendant, masseur, masseuse, model or as an employee of any kind of an establishment subject to the provisions of this chapter unless he or she has a valid employee’s permit issued by the City pursuant to the provisions of this chapter. (Ord. 1943 § 2. Code 1990 § 5-306)
5.15.070 Employee permit – Application – Fees.
A. Any person employed to perform any services in a massage establishment, bathhouse, modeling studio or body-painting studio, as defined in this chapter, shall file a written application with the City Clerk and pay an annual filing fee to the City Clerk of $25.00 which shall not be refundable or prorated.
B. The application for an employee permit shall contain the following:
1. Name, address and telephone number;
2. Two portrait photographs at least two inches by two inches;
3. Applicant’s weight, height, color of hair and eyes, and fingerprints;
4. Written evidence that the applicant is at least 18 years old;
5. Business, occupation, or employment of the applicant for the three years immediately preceding the date of application;
6. Whether such person has ever been convicted of any crime except minor traffic violations; if any person mentioned in this subsection has been so convicted, a statement must be made giving the place and court in which the conviction was obtained and the sentence imposed as a result of such conviction;
7. The position or function the applicant is being hired to perform within such establishment;
8. A statement in writing from a licensed physician in the state that he or she has examined the applicant and believes the applicant to be free of all communicable diseases;
9. Authorization for the City, its agents, and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and qualifications of the applicant for the permit. (Ord. 1943 § 2. Code 1990 § 5-307)
5.15.080 Employee permit – Issuance.
The City Clerk shall issue an employee permit within 21 days following application unless he or she finds that:
A. The applicant for the employee permit has been convicted of:
1. A felony,
2. An offense involving sexual misconduct with children,
3. Obscenity, keeping or residing in a house of ill fame, solicitation of a lewd or unlawful act, prostitution or pandering;
B. The applicant has knowingly made any false, misleading, or fraudulent statement of fact in the permit application or in any document required by the City in conjunction therewith;
C. That the correct permit fee has not been tendered to the City, and in the case of a check or bank draft, honored with payment upon presentation;
D. In the case of a masseur or masseuse, that the applicant has not successfully completed a resident course of study or learning from a recognized school under the provisions of this chapter. (Ord. 1943 § 2. Code 1990 § 5-308)
5.15.090 Employee permit – Revocation.
Employee permits may be revoked as follows:
A. An employee permit that is issued by the City Clerk shall be revoked or suspended after a public hearing before the City Clerk or the City Clerk’s designated representative, where it appears that the employee has been convicted of any offense enumerated in GMC 5.15.080.
B. The City Clerk, before revoking or suspending any employee permit, shall give the employee at least 10 days’ written notice of the examination into his or her conviction record and the opportunity for a public hearing before the City Clerk or the City Clerk’s designated representative, at which hearing the relevant facts regarding the occurrence of the conviction shall be determined. (Ord. 1943 § 2. Code 1990 § 5-309)
5.15.100 Permits – Transfer – Other licenses and fees.
Rules and regulations pertaining to the transfer of permits, other licenses and fees shall be as follows:
A. No massage business, bathhouse, modeling studio, body-painting studio, or employee permits are transferable, separate or divisible, and such authority as a permit confers shall be conferred only on the permittee named therein.
B. Any applications made, fees paid and permits obtained under the provisions of this chapter shall be in addition to and not in lieu of any other fees, permits, or licenses required to be paid or obtained under any other ordinance of this City. (Ord. 1943 § 2. Code 1990 § 5-310)
5.15.110 Applicability to existing businesses.
Applicability to existing businesses shall be as follows:
A. The operators of any existing massage establishment, bathhouse, modeling studio or body-painting studio are required to comply with all provisions of this chapter within 90 days of the effective date of the ordinance codified in this chapter.
B. Applicants for a masseur or masseuse permit may substitute one year’s continuous experience as a masseur or masseuse in lieu of the requirement of a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method and work of massage is taught. Such masseur or masseuse must obtain an affidavit attesting to such experience from the owner of the establishment where the continuous year of experience occurred. (Ord. 1943 § 2. Code 1990 § 5-311)
5.15.120 Facilities necessary.
A. No permit to conduct a massage establishment, bathhouse, modeling studio or body-painting studio shall be issued unless an inspection by the Director of the County Department of Health or his or her authorized representative reveals that the establishment complies with each of the following minimum requirements:
1. The walls shall be clean and painted with washable, mold-resistant paint in all rooms where water or steam baths are given. Floors shall be free from any accumulation of dust, dirt or refuse. All equipment used in the business’s operation shall be maintained in a clean and sanitary condition. Towels, linen, and items for personal use of operators and patrons shall be clean and freshly laundered. Towels, cloths, and sheets shall not be used for more than one patron. Heavy, white paper may be substituted for sheets; provided, that such paper is changed for every patron. No service or practice shall be carried on within a cubicle, room, booth, or any area within any permitted establishment which is fitted with a door capable of being locked.
2. Toilet facilities shall be provided in conformance with applicable City, state and federal law.
3. Lavatories or washbasins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or washbasins shall be provided with soap in a dispenser and with sanitary towels.
B. The Director of the County Department of Health shall certify that the proposed business establishment complies with all of the requirements of this chapter and shall give or send such certification to the City Clerk; provided, that nothing contained in this section shall be construed to eliminate other requirements of statute or ordinance concerning the maintenance of premises, nor to preclude authorized inspection thereof. (Ord. 1943 § 2. Code 1990 § 5-312)
5.15.130 Inspections – Immediate right of entry.
A. Authorized City officials and the County Department of Health may from time to time make an inspection of each permitted establishment in this City for the purpose of determining that the provisions of this chapter are complied with.
B. Such inspections shall be made at reasonable times and in a reasonable manner.
C. It is unlawful for any permittee to fail to allow such inspection officer immediate access to the premises or to hinder such officer in any manner; provided, that any failure on the part of any permittee or employee to grant immediate access to such inspector shall be grounds for the revocation or suspension of any business or employee permit. (Ord. 1943 § 2. Code 1990 § 5-313)
5.15.140 Education requirements – Masseur or masseuse.
Any person, including an applicant for a massage establishment permit, who engages or intends to engage in the practice of massage as defined in this chapter shall, upon making application for a permit, supply the name and address of the recognized school attended, the date attended, and a copy of the diploma or certificate of graduation awarded the applicant showing the applicant has successfully completed not less than 70 hours of instruction in the theory, method or practice of massage. (Ord. 1943 § 2. Code 1990 § 5-314)
5.15.150 Identification cards.
A. All or any employees issued a permit by the City Clerk under the provisions of this chapter shall, at all times when working in an establishment subject to the provisions of this chapter, have in their possession a valid identification card issued by the City bearing the employee’s permit number, the employee’s physical description, and a photograph of such employee.
B. Such identification cards shall be laminated to prevent alteration; provided, that all persons granted permits under this chapter shall at all times keep their permits available for inspection upon request of any person who by law may inspect same. (Ord. 1943 § 2. Code 1990 § 5-315)
5.15.160 Operation regulations.
A. The operation of any bathhouse, massage establishment, modeling studio, or body-painting studio shall be subject to the following regulations:
1. Hours. Such business shall be closed and operations shall cease between the hours of 12:00 midnight and 6:00 a.m. each day;
2. Separation of Sexes. It is unlawful for customers of opposite sex to receive treatment in the same room or the same quarters at the same time;
3. Danger to Safety and Health. No service shall be given which is clearly dangerous or harmful in the opinion of the Director of the County Department of Health to the safety or health of any person, and after such notice in writing to the licensee from such Director;
4. Alcoholic Beverages. No alcoholic beverages or cereal malt beverages, nor the consumption thereof, shall be allowed, permitted, or suffered to be done in or upon any premises permitted under the provisions of this chapter;
5. Conduct of Premises. All operators permitted under the provisions of this chapter shall at all times be responsible for the conduct of business on their permitted premises and for any act or conduct of any employees which constitutes a violation of the provisions of this chapter; any violation of the City, state, or federal laws committed on the permitted premises by any such permittee or employee affecting the eligibility or suitability of such person to hold a license or permit may be grounds for suspension or revocation of same;
6. Every portion of a permitted establishment, including appliances and personnel, shall be kept clean and operated in a sanitary condition;
7. All employees shall be clean and wear clean outer garments which use is restricted to the permitted establishment; provisions for a separate dressing room for each sex must be available on the premises with individual lockers for each employee; doors to such dressing rooms shall open inward and shall be self-closing;
8. All employees, masseurs, and masseuses must be modestly attired; diaphanous, flimsy, transparent, form-fitting, or tight clothing is prohibited; clothing must cover the employees’, masseurs’, or masseuses’ chests at all times;
9. The specified anatomical areas of patrons must be covered by towels, cloths, or undergarments when in the presence of an employee, masseur, or masseuse; any contact with a patron’s genital area is strictly prohibited;
10. All permitted establishments, when applicable, shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in approved, sanitary manner;
11. Wet and dry heat rooms, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation; bathtubs shall be thoroughly cleaned after each use.
B. The City Clerk or the City Clerk’s designated representative may, after a public hearing, make and enforce reasonable rules and regulations not in conflict with, but to carry out, the intent of this chapter. (Ord. 1943 § 2. Code 1990 § 5-316)
5.15.170 Restriction of business to premises.
All business or activity provided for under this chapter shall be conducted and performed on the respective premises; provided, that bathhouse or massage shop permittees or employees at the direction of a duly licensed physician may perform their services on behalf of physically incapacitated patients in such patient’s home, residence or other designated place, or such permittee or employee may render such treatment to persons who are bedfast or are so physically incapacitated that it is impractical to provide same to such persons at a permitted location; provided further, that all such services so rendered shall have received the prior approval of the City Clerk or the City Clerk’s authorized representatives. (Ord. 1943 § 2. Code 1990 § 5-317)
5.15.180 Supervision.
A permittee shall have the premises supervised at all times when open for business. Any business rendering massage services shall have one person who qualifies as a masseur or masseuse on the premises at all times while the establishment is open. The permittee shall personally supervise the business, and shall not violate or permit others to violate any applicable provisions of this chapter. The violation of any such provisions by any agent or employee of the permittee shall constitute a violation by the permittee. (Ord. 1943 § 2. Code 1990 § 5-318)
5.15.190 Employee and patron registers.
Current and daily registers shall be kept of employees and patrons as follows:
A. All operators permitted under the provisions of this chapter shall keep and maintain on their premises a current register of all their employees showing such employee’s name, address and permit number. Such register shall be open to inspection at all reasonable times by any Health Inspector of the County Department of Health or by any authorized City official.
B. Every person who engages in or conducts a permitted establishment shall keep a daily register, and hours of arrival and, if applicable, the rooms or cubicles assigned. The daily register shall at all times during business hours be subject to inspection by health officials of the County Department of Health and authorized City officials and shall be kept on file for one year. (Ord. 1943 § 2. Code 1990 § 5-319)
5.15.200 Advertising.
No establishment granted a permit under provisions of this chapter shall place, publish or distribute, or cause to be placed, published or distributed, any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available other than those services as described in GMC 5.15.010, or that employees, masseurs or masseuses are dressed in any manner other than described in GMC 5.15.160, nor shall any establishment indicate in the text of such advertising that any service is available other than those services described in GMC 5.15.010. (Ord. 1943 § 2. Code 1990 § 5-320)
5.15.210 Under 18 years – Prohibited on premises.
Persons under the age of 18 years shall be prohibited on the premises. No person shall permit any person under the age of 18 years old to come or remain on the premises of any permitted business establishment, as masseur, employee, or patron, unless such person is on the premises on lawful business. (Ord. 1943 § 2. Code 1990 § 5-321)
5.15.220 Exceptions.
The provisions of this chapter shall not apply to hospitals, nursing homes, sanitariums, or persons holding an unrevoked certificate to practice the healing arts under the laws of this state, or persons working under the direction of any such persons or in any such establishment, nor shall this chapter apply to barbers or cosmetologists lawfully carrying out their particular profession or business and holding a valid, unrevoked license or certificate of registration issued by this state; nor shall this chapter apply to services of baths or hydrotherapy as such services are subordinate, incidental or accessories to some other business with no separate or distinct charge being made for such services. (Ord. 1943 § 2. Code 1990 § 5-322)
5.15.230 Violation – Penalty.
Any person, firm, partnership, association or corporation convicted of violating any of the provisions of this chapter shall be deemed guilty of a public offense and shall be fined in any sum not to exceed $500.00, or be imprisoned not to exceed six months, or be both so fined and imprisoned. (Ord. 1943 § 2. Code 1990 § 5-323)