Home | Chapter | Previous | Next

 

10-22 Massage establishment license; special requirements.

A.    No massage establishment license shall be issued if the applicant, a controlling person or designated agent has been convicted within the last five years of any felony or misdemeanor offense having a reasonable relationship to the functions of a massage establishment licensee, if the application was deliberately falsified, if the applicant, a controlling person or designated agent has an outstanding warrant for his arrest, or if the applicant, a controlling person or designated agent is not in compliance with any provision of this Article.

B.    No massage establishment license shall be issued if the applicant, a controlling person or designated agent has been convicted within the last five years of any offense proscribed by Chapters 14, 32, and 35.1 of the Arizona Criminal Code (Title 13, Arizona Revised Statutes), or by Sections 23-52 and 23-53 of this Code, or any offense committed outside this State or City that if committed in this State or City would constitute a violation of any offense proscribed by Chapters 14, 32, and 35.1 of the Arizona Criminal Code or by Sections 23-52 and 23-53 of this Code.

C.    An applicant for a massage establishment license, a controlling person or a designated agent for a licensee, a manager, or a licensee shall permit representatives of the Police Department, and any other federal, state, county, or City agency in the performance of any function connected with the enforcement of any code, statute or regulation relating to human health, safety or welfare or structural safety, normally and regularly conducted by such agency, to inspect the premises of a massage establishment for the purpose of ensuring compliance with the law, at any time it is lawfully occupied or open for business. The inspection authorized by this subsection shall be limited to:

1.    Those areas of the premises available to patrons, provided that no inspection shall be done of a room occupied by a patron until the patron has been given a reasonable opportunity to dress, gather his personal effects and exit the room.

2.    All dressing, toilet, bathing and wash basin facilities.

3.    Any location used to disinfect and sterilize equipment as required by subsection D.

4.    Any location used to store linens as required by subsection D.

D.    A massage establishment licensee shall comply with the following requirements and no massage establishment license shall be issued unless inspection by a City agency or, where appropriate, a county agency, indicates that the site of the establishment complies with each of the following requirements:

1.    A readable sign shall be permanently affixed at the main entrance to the business identifying the business as a massage establishment.

2.    Lighting of ten foot candles, measured at a height of 30 inches at the approximate center of the room or enclosure, shall be provided in each room or enclosure where services are performed on patrons.

3.    Ventilation shall be provided in accordance with the Construction Code of the City of Phoenix.

4.    Adequate equipment shall be provided for disinfecting and sterilizing instruments used in administering or practicing any of the subjects or methods of treatment listed in Section 10-16(8) or (12).

5.    Hot and cold running water, tempered by means of a mixing valve faucet, shall be provided at all times.

6.    Closed cabinets shall be provided, and used, for the storage of clean linens.

7.    Notwithstanding any other requirement of this Article, a minimum of one shower or tub shall be provided for any establishment offering colon therapy, colonics, or any hydrotherapy services including whirlpool baths, saunas, steam baths, and herbal wraps.

8.    Any pool or spa shall be issued a permit and inspected as required by the Construction Code of the City of Phoenix or Maricopa County, as applicable.

9.    All walls, ceilings, floors, showers, bathtubs, steam rooms, and all other physical facilities within the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilets and wash basins shall be thoroughly cleaned each day business is in operation. Shower compartments and bathtubs, where provided, shall be thoroughly cleaned after each use.

10.    Clean and sanitary sheets and towels shall be provided for each patron of the establishment. The head rest of each table shall be provided with a clean and sanitary covering for each patron.

11.    All wash basins within an establishment shall have hot and cold running water, tempered by means of a mixing valve faucet; provide sanitary towels placed in permanently installed dispensers or upon a permanently attached roll dispenser; and provide soap in a soap dispenser that is placed on or near the wash basin. A hand wash basin shall be provided in each treatment room providing colon therapy, colonics, or hydrotherapy services, including whirlpool baths, saunas, steam baths and herbal wraps.

12.    A locker containing an interior volume of at least .18 cubic feet shall be provided to each patron to be served in either the treatment room or a locker room on the business premises.

E.    It is unlawful for any person to knowingly employ any other person to offer massage therapy who does not hold a current, unrevoked and unsuspended massage therapy license issued by the State of Arizona.

F.    It is unlawful to employ a massage practitioner whose true name and, if the massage practitioner is also a massage therapist, state-issued massage therapist license number has not been previously provided to the City Clerk on the form prescribed by the City Clerk for that purpose.

G.    The name of any person provided to the City Clerk pursuant to subsection F whose employment at the massage establishment has terminated shall be reported to the City Clerk, on the form prescribed by the City Clerk for that purpose, within ten calendar days after termination.

H.    A massage establishment licensee shall file with the City Clerk, on the form provided by the City Clerk for that purpose, the name and permit number of each person authorized to fulfill the functions of a manager at the massage establishment. During any period of time that a massage establishment does not have a properly permitted manager recorded with the City Clerk pursuant to this subsection physically located on the business premises, the designated agent shall be responsible for fulfilling the duties of a manager pursuant to this Article.

I.    It is unlawful for any person to knowingly employ at a massage establishment a manager who has been convicted within the previous five years of any of the offenses listed in subsection 10-22B.

J.    It is unlawful for any person to offer massage or touching techniques or massage therapy in any room or space of the business that has not been specifically identified as a room or space available for those services on the sketch or diagram required to be submitted to the City Clerk pursuant to Section 10-20

K.    It is unlawful for any person to offer massage or touching techniques or massage therapy in a room or space designated as leased, subleased or licensed for use by any other person on the sketch or diagram required to be submitted to the City Clerk pursuant to Section 10-20

L.    A massage establishment applicant shall be in compliance with the City Zoning Code on the date of application.

M.    A massage establishment applicant or licensee shall comply at all times with the City Zoning Code.

N.    A massage establishment applicant shall be in compliance with the Construction Code of the City of Phoenix on the date of application.

O.    A massage establishment applicant or licensee shall comply at all times with the Construction Code of the City of Phoenix.

P.    It is unlawful for any massage establishment to remain open for business, to provide services, to dispatch massage practitioners, or to permit massage practitioners to work off the premises on behalf of that massage establishment at any time between the hours of 12:00 midnight and 6:00 a.m.

Q.    No massage establishment shall be open for business during hours that have not been provided to the City Clerk as required by this Article.

R.    It is unlawful to employ any person to act as a manager at any massage establishment who is not either licensed as a manager pursuant to this Article or the designated agent for the massage establishment in the records of the City Clerk.

S.    Notwithstanding any other provision of this Article, the City Clerk may, in her discretion, delay the granting or denial of a massage establishment license, upon the submission of a complete application, for a period of up to ninety days if there exists, or did exist within the sixty-day period prior to the date the application was first submitted, an active massage establishment license at the location for which the application was submitted and there also exists a Police Department report documenting a violation of this Article at that establishment or a state prosecution of that existing establishment relating to compliance with any of the provisions of this Article. For purposes of this Section, an active massage establishment license includes a license that has been suspended or revoked, provided that a revoked license is no longer active after passage of the period of time for appeal with no appeal taken, or after the License Appeal Board has ruled in the event an appeal is taken and the decision is in the City’s favor. Notwithstanding any other provision of this subsection, any license subject to a judicial stay or injunction is an active license.

T.    The applicant for any massage establishment license for a location at which a massage establishment license was revoked or suspended within the previous six months shall provide to the City Clerk a sworn statement, in a form prescribed by the City Clerk, verifying that no person not qualified to own, control or manage a massage establishment is involved in the ownership, control or management of the applicant. The City Clerk may also request such documents as are reasonably believed necessary to verify any of the information in the sworn statement. The failure to provide this sworn statement or supporting information shall be cause for denial of the massage establishment application.

U.    A massage establishment license shall not be issued for a physical space at which a licensed massage establishment is in operation. For purposes of this subsection, there shall be a rebuttable presumption that a location with an active massage establishment license has a massage establishment in operation.

V.    Any massage establishment application that is not in full compliance with this Article sixty days after initial filing shall be denied, provided that the City Clerk may grant an additional period of up to ninety days upon written application, prior to the expiration of the sixty-day period, demonstrating the occurrence of circumstances beyond the applicant’s control or other, similar good cause. Nothing in this subsection shall be construed to prevent the City Clerk from denying a license as soon as a legal basis exists to do so.

(Ord. No. G-1117, § 2; Ord. No. G-1564, § 1; Ord. No. G-2461, § 1; Ord. No. G-3624, § 7; Ord. No. G-3667, § 1; Ord. No. G-4525, § 10, passed 6-25-2003, eff. 7-25-2003; Ord. No. G-4752, § 10, adopted 11-16-2005, eff. 1-1-2006; Ord. No. G-5196, § 2, 7-2-2008, eff. 8-1-2008)

Home | Chapter | Previous | Next

The Phoenix Charter and City Code are current through Ordinance G-5960, passed November 19, 2014.

Disclaimer: The City Clerk's Office has the official version of the Phoenix Charter and City Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.

City Website: http://phoenix.gov/
City Telephone: (602) 262-6811

Code Publishing Company