26-761 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Massage parlor means any building, room, place or establishment, other than a regularly licensed hospital or dispensary, where nonmedical and nonsurgical manipulative exercises are practiced upon the human body, for other than cosmetic or beautifying purposes, with or without the use of mechanical or bathing devices, by anyone not a physician or surgeon or of a similarly registered status.

Myomassologist means any person not licensed as a physician or surgeon or of a similar registered nature who offers his services for hire in the practice of massage.

Practice of massage means the scientific art of body massage, whether by hand or with a nonpowered mechanical or electrical apparatus, for the purpose of body massage or contouring, and the use of oil rubs, salt glows, hot and cold packs and baths.

(Code 1985, § 8-77)

Cross referenceDefinitions generally, § 1-2.

26-762 Exemptions.

This article shall not apply to:

(1)    Physicians, surgeons, chiropractors, osteopaths or physical therapists who are duly licensed to practice their respective professions in the state.

(2)    Nurses who are registered under the laws of this state and who administer a massage in the normal course of nursing duties.

(3)    A trainer of any duly constituted athletic team who administers a massage in the normal course of training duties.

(4)    Barbers and beauticians who are duly licensed under the laws of this state and who administer a massage in the normal course of their duties.

(5)    Any duly licensed establishment in which the above-described persons practice their respective professions.

(Code 1985, § 8-78)

26-763 State license required.

No person shall engage in the practice of massage without first having obtained a license from the state as a myomassologist.

(Code 1985, § 8-79)

26-764 Business license required.

No person shall open or cause to be opened, or conduct, maintain or operate, any massage parlor within the city without first obtaining a license from the city.

(Code 1985, § 8-80)

26-765 Employees to be licensed.

No owner or conductor of any massage parlor shall employ any person to engage in the practices defined in this article unless such person is a licensed practitioner, instructor or apprentice as provided in section 26-763.

(Code 1985, § 8-81)

26-766 Hours of operation.

No person shall open or cause to be opened, or operate or cause to be operated, within the city limits, any massage parlor between the hours of 11:00 p.m. and 6:00 a.m.

(Code 1985, § 8-82)

26-767 Disorderly conduct.

No licensee under this article shall permit any disorderly conduct or the use of any illegal, profane or indecent language, or permit the sale, giving away, or use of intoxicating liquors or narcotics.

(Code 1985, § 8-83)

26-768 Medical treatment prohibited; heat lamps.

Service in massage parlors shall be limited to exercise, baths and massage. Medical treatment of any kind shall not be given to any patron without a prescription from a registered physician. The use of heat lamps and sun-ray lamps only will be permitted.

(Code 1985, § 8-84)

26-769 Connection with living quarters.

No massage parlor shall be conducted in direct connection with living quarters.

(Code 1985, § 8-85)

26-770 Sanitation and maintenance.

The premises used for a massage parlor shall be well lighted and ventilated. Such premises shall be kept clean, and the furniture and equipment shall be maintained in a safe and sanitary condition. There shall be an adequate supply of running hot and cold water during business hours. Public restrooms shall be required and shall be kept in a clean and sanitary condition. Bathing devices shall be thoroughly cleaned before the use of each patron.

(Code 1985, § 8-86)

26-771 Uniforms required.

Uniforms or garments shall be worn by an owner, instructor, operator or apprentice of a massage parlor while attending patrons and shall be of washable material and kept in clean condition. The sleeves shall not reach below the elbow.

(Code 1985, § 8-87)

26-772 Towels and linens.

All robes, towels, blankets and linens furnished for the use of one patron of the massage parlor shall be thoroughly laundered before being offered to another.

(Code 1985, § 8-88)

26-773 Cleanliness of employees.

The skin of the hands of those attending patrons at a massage parlor shall be clean and in healthy condition, and the nails shall be kept short. The hands shall be washed thoroughly before giving the patron any attention.

(Code 1985, § 8-89)

26-774 Immoral activities prohibited; outcall massage.

It shall be unlawful for any licensee or any employee of a massage establishment to touch or massage the genitals of a male or female client or customer or to touch or massage the female breasts or areolas. It shall be further unlawful for any licensee to administer massage on an outcall basis. Such person shall administer massage solely within an establishment licensed to carry on such business. Any violation of this section shall be deemed grounds for revocation of the license granted under this article. The restriction on outcall massage does not apply where a customer or client who, because of reasons of physical defects or incapacities or due to illness, is physically unable to travel to the massage establishment. If any outcall massage is performed under this exception, a record of the date and hour of each treatment and name and address of the customer or client, the name of the employee administering such treatment and the type of treatment administered, as well as the nature of the physical defect, incapacity or illness of such client or customer, shall be kept by the licensee or person or employee designated by the licensee. Such records shall be open to inspection by officials charged with the enforcement of public health laws. The information furnished or secured as the result of any such inspection shall be confidential. Any violation of this provision shall be deemed grounds for the revocation of license granted under this article.

(Code 1985, § 8-90)

26-775 False, misleading or deceptive advertising.

No massage parlor licensee shall place, publish or distribute, or cause to be placed, published or distributed, any advertisement, picture or statement which is known or through the exercise of reasonable care should be known to be false, deceptive or misleading in order to induce any person to purchase or utilize any professional massage services.

(Code 1985, § 8-91)

26-776—26-810 Reserved.