(A) Massage therapy business licenses granted for massage therapy services or operation at a fixed location or premises does not permit the business to provide massage therapy services at any location other than the premises identified on the license, except a licensed massage therapist employed or contracted by the massage therapy business licensee may provide massage therapy services:
(1) To a client at the client's residence or place of care if in a long- or short-care facility, such as a hospital, nursing home, or convalescence facility; and
(2) In connection with a special event or function whereby the massage therapist provides massage therapy to attendees of the event or function.
(B) The act of any employee of the licensee is deemed to be the act of the licensee. The licensee shall be responsible for all acts and conduct attributable to and in connection with massage therapy services provided by the licensee or occurring on the premises of the massage therapy business. For purposes of this provision, a licensee shall mean a licensed massage therapy business and a licensed massage therapist who is the owner/operator of the licensed massage therapy business. A licensed massage therapist who is the owner/operator of a licensed massage therapy business and provides massage services at the licensed massage therapy business is jointly responsible and accountable with the licensed massage therapy business for all acts and conduct occurring at the licensed premises.
(C) The person who is receiving a massage shall at all times have his/her anus, intergluteal cleft (buttocks crease), and genitals covered with clothing or properly draped with non-transparent material. The person who is receiving massage therapy of the breast or buttocks (gluteal) shall have the breast or buttock (gluteal muscle) that is not then immediately receiving massage therapy properly covered and draped with non-transparent material.
(D) The licensee and all employees of the licensee shall at all times be fully clothed and shall not expose his/her breast, buttocks, anus, or genitals.
(E) At no time shall the massage therapist touch or offer to touch or massage the penis, scrotum, mons veneris, vulva, or vaginal area of any customer or person inquiring of massage therapy services.
(F) No beer, liquor, narcotic drug, or controlled substances, as such terms are defined by state statutes or the City Code, shall be used or ingested or present during any massage therapy session.
(G) No doors of massage rooms, when occupied by one or more persons, shall be locked. All locks, if any, shall be keyed only from the exterior of the massage rooms.
(H) Only massage therapists who are licensed by the city shall practice or provide therapeutic massage services for a licensed massage therapy business or within the licensed massage therapy business premises as identified in its license.
(I) The licensee shall comply with any and all provisions of this chapter, all provisions of the City Code, and any state law or regulation.
(J) The licensee shall not provide any massage therapy services and the identified premises for a licensed massage therapy business shall not be open between the hours of 10:00 p.m. and 6:00 a.m. of any day.
(K) The licensed premises under a licensed massage therapy business, if any, shall, during all operating hours, be open to inspection by any building, zoning, code or police officer to determine whether this chapter and all other laws are being observed. All persons, as a condition to being issued such license, consent to such inspections by such officers. It is unlawful for any licensee or agent or employee of a licensee to hinder or prevent a city inspecting officer from making such inspection.
(L) If a licensed massage therapy business's on-site manager or agent ceases to be located at the licensed premises or ceases to act in such capacity for the licensee without appointment of a successor, the license issued pursuant to such appointment shall be subject to revocation or suspension.
(M) A massage therapist licensee shall have the valid license issued by the city in his/her possession while providing massage therapy within the city and a massage therapy business shall conspicuously post the valid license issued by the city in its premises identified in the massage therapy business license.
(N) No license issued under this chapter may be transferred. Massage therapy business licenses shall terminate upon any change in officers or ownership interests of the licensee, unless the change is approved by the City Clerk in which case the license shall only continue in force until the end of the license term.
(O) The licensee shall have in effect during the license period general liability insurance providing minimum coverage of $300,000 combined single limit per occurrence. This requirement shall not apply to a licensed massage therapist who is an employee of and covered under a massage therapy business liability insurance policy provided proof of such coverage is provided to the city. The licensee shall provide to the city a certificate of insurance evidencing the insurance coverage as required herein.
(P) The licensee shall comply with all laws of health and sanitation.
(Q) Violation of any law or regulation relating to the license issued under this chapter, or any building, safety or health regulation shall be grounds for suspension or revocation of any license, as determined by the City Council.
(Ord. 912, passed 3-24-11; Am. Ord. 1043, passed 4-12-18; Am. Ord. 1066, passed 9-12-19)