Chapter 5.10
MASSAGE BUSINESSES
Sections:
5.10.020 Operator’s permit required and term.
5.10.030 Application requirements.
5.10.040 Operator’s permit issuance and denial.
5.10.060 Operator’s permit revocation and suspension.
5.10.070 Review of decision to deny, suspend or revoke operator’s permit.
5.10.080 Unlawful acts and facility requirements.
5.10.090 Records and inspections.
5.10.110 Notice of unlicensed massage business and orders to cease operations.
5.10.120 Violation and penalty.
5.10.010 Definitions.
(1) “Chair massage” means a massage where the patron is fully clothed, seated in a massage chair and in a public area while receiving the massage and where the external parts of the body which are massaged are limited to the head, neck, back and/or arms.
(2) “Employee” as used in this chapter shall include independent contractors. The term “employ” shall include using or allowing services to be provided by an independent contractor or unpaid volunteer.
(3) “Equity holder” means any natural person who is a shareholder, partner, member, trustee, or other principal owner of the massage business, who owns 10 percent or greater financial interest in the massage business, whether directly or through any number of holding entities, corporations, partnerships, trusts or similar legal entities.
(4) “Manager” means the person(s) designated by the operator of the massage facility to act as the representative or agent of the operator in managing day-to-day operations with the same liabilities and responsibilities. Evidence of management includes, but is not limited to, evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules or purchase supplies. A manager may also be an owner.
(5) “Massage” means any method of treating the external parts of the body for relaxation or any other reason or purpose, whether by means of pressure or friction against, or stroking, kneading, tapping, pounding, vibrating, rubbing or other manner of touching external parts of the body with the hands, with or without the aid of any mechanical or electrical apparatus or appliance or with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, salt, liquid, ointment or other similar preparations commonly used in this practice.
(6) “Massage facility” means any facility where a person engages in the practice of massage in exchange for compensation; provided, that it does not include:
(a) Facilities operated by accredited high schools, junior colleges, colleges, or universities or amateur, semiprofessional, or professional athletes or athletic teams where the only type of massages occurring are conducted by coaches and trainers who are acting within the scope of their employment or official duties;
(b) Facilities where the only type of massage occurring is a chair massage;
(c) Facilities where the only massages occurring are conducted by barbers, hair stylists or nail technologists who are duly licensed under the laws of the State of Oregon and conducted while engaging in the practices within the scope of their licenses; provided, that this exception shall apply solely to the massaging of the neck, face, scalp, hands, feet, shoulders and hair of the customer or client;
(d) Facilities where the only massages occurring are conducted by state-licensed physicians, surgeons, chiropractors (where the chiropractor is present on the premises during normal business hours and has seen and prepared or approved a treatment plan for each person receiving massage), physical therapists, osteopaths, or any registered nurse working on the premises of, and under the direct supervision of, a state-licensed physician, surgeon, chiropractor or osteopath;
(e) Facilities operated for educational purposes by a career school licensed under ORS 345.010 to 345.340;
(f) Facilities operated for educational purposes by an accredited college or university or a community college operated under ORS Chapter 341;
(g) A place of business where a person offers to perform or performs massage for not more than 72 hours in any six-month period and the massage is part of a public or charity event;
(h) Facilities where the only massages occurring are conducted by nonresident practitioners holding a valid license, permit, certificate or registration issued by any other state or territory of the United States or by a foreign country and temporarily practicing massage in this state for a period not exceeding 30 days for the purpose of:
(A) Presenting educational or clinical programs, lectures, seminars or workshops;
(B) Furnishing massage services during an emergency as part of a disaster response team; or
(C) Consulting with a massage therapist licensed in this state regarding massage practices or services;
(i) Facilities where the only massages occurring are conducted by trained or licensed practitioners of psychotherapy or counseling modalities that use physical techniques to access or support psychotherapeutic processes when practicing within the scope of a license or if the practitioner has an express oral or written agreement that the sole intent in using the physical techniques is to render the psychotherapy or counseling; or
(ii) Facilities where the only massages occurring are conducted by licensed massage therapists.
(7) “Massage technician” means any person, including a manager, operator or owner of a massage facility, who administers to another person a massage in exchange for anything of value whatsoever.
(8) “Licensed massage therapist” means a person licensed under ORS 687.011 to 687.250, 687.895 and 687.991 to practice massage.
(9) “Operator” means the person signing the operator’s permit application as required pursuant to GMC Section 5.10.030 and whose name appears on the operator’s permit as the person responsible for the operations of the massage establishment.
(10) “Owner” means any equity holder of a massage facility.
(11) “Person” means any natural person, corporation, partnership, firm, association or other group or combination of individuals acting as an entity.
(12) “Police Chief” means the Police Chief of the City of Gladstone or their designee.
(13) “Specified anatomical areas” means less than completely and opaquely covered human genitals, pubic region, buttocks, and breast below a point above the top of the areola; and/or human genitals in a discernible turgid state even if completely and opaquely covered.
(14) “Specified sexual activities” means acts, simulated acts, exhibitions, representations, depictions, or descriptions of any type of sexual activity. This includes: “sexually explicit conduct” as defined by ORS 163.665(3); “sexual contact” and “sexual intercourse” as defined by ORS 163.305; and “sexual conduct” and “sexual contact” as defined by ORS 167.002.
Statutory Reference: ORS 345.010 – 345.340
History: Ord. 1532 § 1 (Exh. A), 2024.
5.10.020 Operator’s permit required and term.
(1) No person shall operate a massage facility within the city without first obtaining an operator’s permit pursuant to this chapter. The operator’s permit required by this chapter shall be in addition to any other license or permit required by law.
(2) Massage facilities operating with a valid city business license at the time this chapter was enacted must apply for an operator’s permit required by this chapter no later than January 31, 2025.
(3) An operator’s permit issued under this chapter shall expire after a period of two years and may be renewed as set forth in GMC Section 5.10.030.
Statutory Reference: ORS 345.010 – 345.340
History: Ord. 1532 § 1 (Exh. A), 2024.
5.10.030 Application requirements.
(1) Any person desiring an operator’s permit for a massage facility shall file a written application on the required form with the Police Chief who shall then conduct an investigation once the application is complete. The application shall be accompanied by the appropriate filing fee established by the City Council. The application shall be completed and signed by the owner of the proposed massage facility, if a sole proprietorship; one general partner, if the owner is a partnership; one officer or one director, if the owner is a corporation; and one participant, if the owner is a joint venture. The application does not authorize operation of a massage facility unless and until such operator’s permit has been approved as provided in GMC Section 5.10.040. The application shall be deemed complete if it contains or is accompanied by the following information:
(a) A description of the type of ownership of the business (i.e., whether by individual, partnership, corporation or otherwise). If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter together with the state and date of incorporation and the names and residence addresses of each of its current officers and directors, and of each stockholder holding more than 10 percent of the stock of that corporation, such stockholders to be listed in descending order based upon their percentage ownership interest in the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If the applicant is a limited partnership, it shall attach a copy of its certificate of limited partnership to the application. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated person shall complete and sign all application forms required for an individual applicant under this chapter, but only one application fee shall be charged. Such responsible managing officer must at all times meet all of the requirements set forth in this section, or the operator’s permit shall be suspended until a responsible managing officer who meets all such requirements is designated. If no such person is named within 90 days, the operator’s permit shall be deemed canceled and a new application for an operator’s permit, accompanied with the appropriate filing fee, must be filed. The managing officer may be different from the manager or managing employee of the massage facility described in subsection (1)(e) of this section.
(b) A detailed description of all services to be provided at the massage facility. If the list of services required to be posted pursuant to GMC Section 5.10.080(4)(a) will be in any language other than English, such list must accompany the application for the operator’s permit.
(c) The precise name under which the massage facility is going to conduct business as well as the complete address and all telephone numbers for the massage facility.
(d) Documentary evidence that the officers, equity holders, managers, and employees of the applicant are at least a minimum of 18 years old.
(e) A complete current list of the full names and any other names under which known and residence addresses, telephone numbers and dates of birth of all massage technicians.
(f) A front-faced portrait photograph, at least two inches by two inches in size, of each individual working at the massage facility, including but not limited to the manager and each massage technician.
(g) A copy of the license for any licensed massage therapist who will be conducting massages at the facility.
(h) A description of any other business operated on the same premises, or within the city, which is owned or operated by the applicant.
(i) The name and address of the owner and lessor of the real property upon or in which the business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the property that a massage facility will be located on their property.
(j) Such other identification and information as the Police Chief may require in order to discover the truth of the matters herein specified and as required to be set forth in the application.
(k) Authorization for the city, its agents and employees to seek verification of the information contained in the application.
(l) A statement in writing and dated by the applicant that they certify under penalty of perjury that all information contained in the application is true and correct.
(2) A permit issued under this chapter may be renewed by filing a renewal application on the required form with the Police Chief at least 90 days before the expiration of the applicant’s current permit. Renewal applications shall include all such information as may be required by the Police Chief to update the information contained in the original permit application.
(3) If, during the term of a permit, any of the information submitted on the original or renewal application changes during the term of a permit, the operator shall notify the Police Chief of such change within 10 business days thereafter, in writing on the required change of information form provided by the city.
Statutory Reference: ORS 345.010 – 345.340
History: Ord. 1532 § 1 (Exh. A), 2024.
5.10.040 Operator’s permit issuance and denial.
(1) Upon receipt of a completed written application for an original or a renewal permit, the Police Chief shall conduct an investigation to ascertain whether such permit should be issued as requested. The Police Chief shall approve, conditionally approve or deny the application within 60 days of receipt of a completed application. The Police Chief may continue the 60-day period for an additional 30 days if necessitated by the occurrence of events beyond the control of the Police Chief. The Police Chief shall issue such permit as requested, unless the investigation of the application results in any of the following findings:
(a) The applicant has made a false, misleading or fraudulent statement or omission of fact in the permit application process.
(b) The application does not contain all of the information required by GMC Section 5.10.030.
(c) The applicant has failed to pay the fees required by this chapter.
(d) The applicant has not obtained or has failed to maintain a business license as required by GMC Chapter 5.04.
(e) The applicant is not duly registered to do business in the State of Oregon.
(f) The massage facility as proposed by the applicant does not comply with any applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards or any requirements of this chapter.
(g) The applicant, any equity holder of the applicant or any other business or entity with which an equity holder of the applicant was also an equity holder has had an operator’s permit required by this chapter or other similar license or permit from another governmental entity denied, suspended or revoked for cause within 10 years prior to the date of the application.
(2) If the application is denied due to a false, misleading or fraudulent statement in the application, the applicant or any business or entity with which an equity holder of the applicant is also an equity holder may not reapply for a period of six months from the date the application was denied.
Statutory Reference: ORS 345.010 – 345.340
History: Ord. 1532 § 1 (Exh. A), 2024.
5.10.050 Fees.
(1) The City Council shall establish, and from time to time may amend, the fees for the administration of this chapter by resolution.
(2) Each applicant shall pay, at the time of the application submission or renewal, the fees established by this section.
Statutory Reference: ORS 345.010 – 345.340
History: Ord. 1532 § 1 (Exh. A), 2024.
5.10.060 Operator’s permit revocation and suspension.
(1) The Police Chief may revoke or suspend an existing operator’s permit on the grounds that the permit holder has failed to comply with the permit conditions or the requirements of this chapter.
(2) The failure to offer massage services at a massage facility for 60 consecutive days shall create a rebuttable presumption that the permit has been abandoned and shall, upon notice from the Police Chief, automatically be revoked; provided, that this presumption does not apply if the sole reason massage services have not been offered is due to the business being closed as a result of construction occurring at the premises under a validly issued building permit.
(3) A permit that has been suspended may not be renewed if the suspension is ongoing during the applicable renewal application period. If a suspended permit lapses during the suspension period, a new application must be made at the end of the suspension period.
Statutory Reference: ORS 345.010 – 345.340
History: Ord. 1532 § 1 (Exh. A), 2024.
5.10.070 Review of decision to deny, suspend or revoke operator’s permit.
(1) The Chief of Police shall provide written notice to the applicant or licensee of a denial, suspension or revocation. The notice shall state the reason for denial, suspension, or revocation and inform the person of the right to appeal.
(2) Notices of revocation or suspension shall be given at least 15 days before the action becomes effective. If the violation ends within the 15 days, the city may discontinue the proceedings.
(3) A person may appeal a denial, suspension and/or revocation as follows:
(a) A written notice of appeal to the City Council shall be filed with the City Administrator within 15 days after the applicant or licensee receives notice pursuant to this section.
(b) The City Council shall hear and make a determination in regard to the appeal at its next regular meeting immediately following the filing of the notice of appeal.
(c) The decision of the City Council on the appeal shall be final and conclusive.
(d) If an appeal is filed pursuant to this section, the action will be stayed until resolved.
(4) The decision of the City Council shall be final and may only be reviewed by writ of review pursuant to ORS 34.010 to 34.102.
Statutory Reference: ORS 345.010 – 345.340
History: Ord. 1532 § 1 (Exh. A), 2024.
5.10.080 Unlawful acts and facility requirements.
(1) It shall be unlawful for any person to:
(a) Make a willful misrepresentation in applying for or obtaining an operator’s permit.
(b) Flee, attempt to flee, or elude any inspection authorized or required by this chapter. Eluding may include, but not be limited to, avoidance of inspections, refusing to allow entrance to the facility, or refusing to allow inspection of all of, or any portion of, the premises.
(2) It shall be unlawful for any operator, owner or manager of a massage facility to:
(a) Employ or allow the employment of any person to work as an employee at a massage facility if such person does not possess and provide a copy of a valid government-issued, photographic identity card.
(b) Require, permit, allow or tolerate any licensed massage therapist to engage in any activity that would violate any Oregon Board of Massage Therapists rules or laws.
(c) Require, permit, allow or tolerate any massage facility employee to engage in specified sexual activities or to expose the massage employee’s specified anatomical areas within the premises while working with a massage client.
(d) Fail to keep or allow the inspection of any licenses or identification required to be kept by this chapter.
(e) Require, permit or allow a massage facility to operate between the hours of 9:00 p.m. and 6:00 a.m.
(f) Fail to immediately report to law enforcement any specified sexual activities occurring at a massage facility.
(g) Permit the massage facility to be used for living or sleeping quarters for any person when not otherwise permitted by the Gladstone Municipal Code.
(h) Fail to abide by all applicable local, state, and federal laws and statutes.
(3) It shall be unlawful for any operator, owner, manager or employee of a massage facility to:
(a) Require, permit, allow, tolerate or perform any service other than those posted in the list of services required to be posted by subsection (4)(a) of this section.
(b) Require, permit, allow, tolerate or use any electrical, mechanical or artificial device for audio and/or video recording or for monitoring the performance of a massage, or the conversation or other sounds in rooms where massages are occurring, without the knowledge and consent of the client or customer.
(c) Require, permit, allow, tolerate or perform or give any massage within any cubicle, room, booth or any area within a massage facility, which is fitted with a door capable of being locked, unless the only door is an exterior door.
(4) Each massage facility holding an operator’s permit under this chapter shall:
(a) Post and maintain a list of services available and the cost of such services in a conspicuous public place within the premises.
(b) Display the operator’s permit in a conspicuous place readily visible to persons entering the massage facility.
(c) Provide in each room where massage is given sufficient lighting and ventilation that complies with the International Building Code. No colored lights shall be used nor shall any coverings be used which change the color of the primary light source.
(d) Maintain and keep on the premises of the massage facility a complete and current list of the full names and any other names under which known and residence addresses, telephone numbers and dates of birth of all managers, massage technicians and other employees of the massage facility, with a description of the job duties or function of each.
(e) Maintain and keep on the premises of the massage facility copies of the valid government-issued photographic identity card of each manager, massage technician and employee of the massage facility.
(f) Maintain and keep on the premises of the massage facility copies of any licenses held by a manager, massage technician or employee issued by the Oregon State Board of Massage Therapists.
(g) Maintain and keep on the premises of the massage facility proof of insurance, in full force and effect at all times during the term of an operator’s permit, issued by an insurance company authorized to do business in the State of Oregon evidencing that the permittee is insured under a liability insurance policy providing minimum coverage of $100,000 for injury or death to one person arising out of the operation of any massage facility and the administration of a massage.
(h) Ensure that all front, reception, hallway or front exterior doors (except back or rear exterior doors used for employee entrance to and exit from the massage establishment) are kept unlocked during business hours.
Statutory Reference: ORS 345.010 – 345.340
History: Ord. 1532 § 1 (Exh. A), 2024.
5.10.090 Records and inspections.
(1) Every operator, owner or manager of a massage facility shall keep and maintain all records required by this chapter during the time period such records are current and for at least three years thereafter. Such records shall be kept on the premises of the massage facility and be made available for inspection by the Police Chief upon request.
(2) By applying for and operating under a permit required by this chapter, each applicant, owner, operator and manager acknowledges that they are engaging in a closely regulated industry which carries significant risk to life and therefore consents to reasonable inspections of the massage facility and any records required to be kept by this chapter by applicable government entities during regular business hours for the purposes of determining that the provisions of this chapter are met.
(3) It is unlawful for any person to refuse to permit a lawful inspection of the premises or a massage facility’s records as required by this chapter.
Statutory Reference: ORS 345.010 – 345.340
History: Ord. 1532 § 1 (Exh. A), 2024.
5.10.100 Vested rights.
No permit granted under this chapter shall confer any vested right to any person or business for more than the permit period. All persons subject to this chapter shall comply with the provisions of this chapter as they may be amended hereafter.
Statutory Reference: ORS 345.010 – 345.340
History: Ord. 1532 § 1 (Exh. A), 2024.
5.10.110 Notice of unlicensed massage business and orders to cease operations.
(1) Where the Police Chief determines that an unlicensed premises is being used to operate a massage facility, in addition to any other notice provided for in this chapter, notice of the requirements of this chapter may be provided to the owner and occupants of the premises by affixing a notice to the principal entrance of the unlicensed premises and by mailing notice to the license holder and associated interest holders as their addresses appear on the business license, and the property owner as their address appears on the tax records of the County Assessor.
(2) The Police Chief may order that an unlicensed massage facility cease operations until a license is obtained as part of the notice provided under subsection (1) of this section. Any order to cease operations may be appealed following the procedures in GMC Section 5.10.070.
(3) The Police Chief may revoke or suspend a business license issued under GMC Chapter 5.04 of any unlicensed massage facility. Any such revocation or suspension may be appealed pursuant to GMC Section 5.04.070.
Statutory Reference: ORS 345.010 – 345.340
History: Ord. 1532 § 1 (Exh. A), 2024.
5.10.120 Violation and penalty.
(1) A violation of any provision of this chapter is a Class “A” infraction as specified in GMC Chapter 1.08. Each and every day this chapter is violated constitutes a separate offense.
(2) The city, acting by and through the Police Chief and City Attorney, may take any and all lawfully available actions to require compliance with this chapter, including seeking injunctive relief in a court of competent jurisdiction. The city shall be entitled to recover reasonable attorney and expert fees in association with any such legal action.
Statutory Reference: ORS 345.010 – 345.340
History: Ord. 1532 § 1 (Exh. A), 2024.