Chapter 5.04
MASSAGE PARLORS

Sections:

5.04.010    Definitions.

5.04.020    Compliance.

5.04.030    Permits.

5.04.040    Equipment standards.

5.04.050    Building structure and layout.

5.04.060    Sanitation and hygiene.

5.04.070    Sleeping quarters.

5.04.080    Massages or baths administered by persons of the opposite sex.

5.04.090    Prohibited acts.

5.04.100    Violation--Penalty.

5.04.010 Definitions.

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

“Health club” means 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; the offices or quarters of a physician, a surgeon, or an osteopath; exercise clubs exclusively for the 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; or barbershops and beauty parlors.

“Masseur” and “masseuse” means a person who practices any one or more of the arts of body massage, either by hand or mechanical apparatus such as oil rubs; corrective gymnastics; mechanotherapy, including color therapy; dietetics; hot packs; or cabinet, tub, shower, sitz, vapor, steam, or any other special type of bath.

(Prior code § 110.01)

5.04.020 Compliance.

It is unlawful for any person to engage in the business of a health club without a permit, or to be in violation of any requirements or prohibitions set forth in this chapter or any regulation issued pursuant thereto.

(Prior code § 110.02)

5.04.030 Permits.

A.    No health club shall operate without first obtaining a permit. No permit shall be issued for any health club except to an owner or manager who is 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. Permit forms are obtainable and are processed in the office of the county auditor.

1.    It is unlawful for any person as defined in subsection F of this section to own or manage a massage parlor or health club, or any masseur or masseuse to give or offer a massage in a health club without a valid nonsuspended permit issued pursuant to this chapter conspicuously posted in the establishment; that is, so that the permit may be readily seen by persons entering the premises in the public room thereof.

2.    It is unlawful for any person as defined in subsection F 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.

B.    Any person desiring a permit shall make an application to the county sheriff, on forms provided by the sheriff. Each permit application shall be accompanied by an application fee of fifty dollars ($50.00) payable to the county treasurer. Each application shall contain the name, address, social security number, telephone number, last previous address, date of birth, height, weight, and current and last previous employment of the applicant.

1.    In addition, the 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 IC 35-42-4-1, 35-42-4-2, 35-42-4-3, 35-45-4-1, 35-45-4-2, 35-45-4-3, 35-45-4-4, 35-45-5-2, 35-46-1-8 and 35-49-3-1 through 35-49-3-3, 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 chapter 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.

2.    Each applicant shall be photographed and have his fingerprints taken; the fingerprints and photograph shall constitute a part of the application. The permit shall be valid for a period of one year, and may be renewed for additional one-year periods upon the filing of a new application and payment of the fifty dollars ($50.00) application fee. All provisions of this chapter shall apply to renewals in the same manner as they apply to the application for and the granting of initial permits.

C.    On receipt of the application fee as provided for in subsection B of this section, the county sheriff shall make or cause to be made a thorough investigation relative to the application. The sheriff shall deny any application for a permit under this chapter, after notice and hearing, if the sheriff 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 the foregoing cited sections of the Indiana Code contained in subsection B of this section, which laws relate to sexual offenses; 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 law in any other jurisdiction. The making of a false statement on the application as provided for herein shall also be grounds for the denial of this permit. Notice of the hearing before the county sheriff concerning this application shall be given in writing, setting forth the grounds of the proposed denial of a permit and the time and place of the hearing. Notice shall be mailed by certified mail to the applicant’s last known address at least ten (10) days prior to the date set for the hearing. The sheriff shall submit his decision to the applicant within five days of his decision or within thirty (30) days of his receipt of the application, whichever date is sooner.

D.    The sheriff shall revoke the permit of any person, after notice and hearing, if the sheriff finds that the 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 those sections of the Indiana Code set forth in subsection B of this section, which laws relate to sexual offenses; on a charge of violating a similar law of any other jurisdiction; or on a charge of violating any provision of this chapter or a similar chapter in any other jurisdiction. The permit shall also be revoked by the sheriff 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 sheriff 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. Notice shall be mailed by certified mail to the permit holder’s last known address at least ten (10) days prior to the date set for the hearing.

E.    It is 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 is, in fact, the person displaying the permit; or 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 (12) month period.

F.    A person applying for a permit shall include a partnership or association and any partner or member thereof. If the applicant is a corporation it shall include any officer, director, or manager thereof or shareholder owning ten (10) percent or more of its stock and shall likewise include members of both sexes.

G.    In the event the sheriff should deny or revoke any permit, the applicant shall have an automatic right to appeal the denial or revocation to the board of county commissioners. The board shall hold a hearing with the same procedural guidelines as set out above for the sheriff within thirty (30) days of the date of the denial or revocation. The board shall submit their decision to the applicant or permit holder within five days of decision, or within thirty (30) days of the hearing, whichever date is sooner.

(Prior code § 110.03)

5.04.040 Equipment standards.

All tables, tubs, shower stalls, and floors, except reception and administrative areas, shall be made of nonporous materials which may be readily disinfected. Closed containers shall be provided for wet towels and waste material.

(Prior code § 110.04)

5.04.050 Building structure and layout.

A.    No health club shall begin operations until the building occupied or to be occupied has been approved by the county building commissioner, who shall establish investigation and report procedures for 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 county building commissioner plans and specifications of the quarters proposed to be occupied. These plans shall show details of entrances, partitions, windows, openings, ventilation, plumbing fixtures, water supply, and waste and vent connections.

(Prior code § 110.05)

5.04.060 Sanitation and hygiene.

A.    All equipment, shower stalls, toilets, lavatories, and any other similar 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. This 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. However, a duly licensed physician may certify that a person may be safety served, prescribing the conditions thereof.

E.    All personnel shall wash their 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, as well as 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 on one patron.

(Prior code § 110.06)

5.04.070 Sleeping quarters.

No part of any quarters of any health club shall be used for, or be connected with, any bedroom or sleeping quarters; nor shall any person sleep in the 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.

(Prior code § 110.07)

5.04.080 Massages or baths administered by persons of the opposite sex.

It is 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 business where any physical contact with the recipient of these 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 Section 5.04.100. In addition to this penalty, it shall be the duty of the board of county commissioners to revoke the license of the owner or manager of the establishment where the provisions of this section have been violated.

(Prior code § 110.08)

5.04.090 Prohibited acts.

No owner or manager of a health club shall tolerate in his establishment any activity or behavior prohibited by state law, particularly, but not exclusively, those provisions of the Indiana Code referred to in Section 5.04.030B. No owner or manager of a health club shall tolerate in his establishment any activity or behavior which violates this chapter.

(Prior code § 110.09)

5.04.100 Violation--Penalty.

Any person violating the provisions of this chapter shall be fined no more than two thousand five hundred dollars ($2,500.00).

(Prior code § 110.99)