763.03 APPLICATION FOR PERMIT; EXPIRATION AND CONTENTS.
   (a)    A person desiring to operate a massage establishment within the City of Ashtabula shall make application to the City of Ashtabula upon the forms prescribed by the City. Applications and fee payment shall be made at Board of Health, 4717 Main Avenue, Ashtabula, Ohio 44004. Each application shall include an initial filing fee of $700.00 which shall be nonrefundable. Each application must be completed in its entirety upon return to the City of Ashtabula. The completed application shall include the following information:
      (1)    The full name and address of any person applying for a permit, including any partner or limited partner of a partnership applicant, any officer or director of a corporate applicant, and any stockholder holding more than two percent of the stock of a corporate applicant, the date of birth and social security number of each individual, and the federal identification number of any partnership or corporation.
      (2)    Written authorization for an investigation into the criminal record of any person applying for a permit; and fingerprinting and three photographs obtained from the Ashtabula Police Department of any person applying for a permit.
      (3)    The name, residence address and social security number of each proposed employee and massage technician to be employed by the applicant.
      (4)    The applicant shall additionally file with the City of Ashtabula within ten working days of their occurrence of any change in the employees and/or massage technicians employed by the applicant.
   (b)    In addition to the information set forth in this section, a health and safety report of an inspection of the premises performed within thirty days of the receipt of the application packet is required. This inspection will involve applicable health and safety codes, and will be conducted by the appropriate state or local authorities. These authorities shall certify that the proposed massage establishment complies with all the requirements of this chapter. The applicant shall return this health and safety report to the City of Ashtabula or its representatives at the time the completed application is returned.
   For the health and safety of citizens of the City of Ashtabula the following is required of proposed massage establishments:
      (1)    Construction of rooms used for toilets, rubs, steam baths and showers shall be made waterproof with approved waterproof materials and shall be installed in accordance with the building codes of the City of Ashtabula;
      (2)    All massage tables, bathtubs, shower stalls and steam or bath area and floors shall have surfaces which may be readily disinfected;
      (3)    Adequate bathing, dressing and locker facilities shall be provided for patrons to be served at any given time. In the event male and female patrons are to be served simultaneously, separate bathing, dressing, locker and massage room facilities shall be provided;
      (4)    The premises shall have adequate equipment for disinfection and sterilizing nondisposable instruments and materials used in the administering massage. Such nondisposable instruments and materials shall be disinfected after use on each patron;
      (5)    Closed cabinets shall be provided and used for the storage of linen, towels and other materials used in connection with administering massages. All soiled linens, towels and other materials shall be kept in properly covered containers or cabinets, which containers or cabinets shall be kept separate from the clean storage area;
      (6)    Toilet facilities shall be provided in convenient locations. When employees and patrons of different sexes are on the premises at the same time, separate toilet facilities shall be provided for each sex;
      (7)   Lavatories or wash basins provided with both hot and cold running water shall be installed in either the toilet or a vestibule immediately adjacent thereto. Lavatories or wash basins shall be provided with soap and a dispenser and with single-use sanitary towels;
      (8)    The premises shall be equipped with a service sink for custodial services;
      (9)    The premises shall meet the requirements of the building codes, health codes and the fire codes of the City of Ashtabula.
      (10)    Massage Establishments in a residential building shall maintain a separate entrance which shall not open off the living quarters, and which shall not have any door or openings leading to the living Entrance through garages or any other rooms shall not be permitted. Massage Establishments are prohibited in the basement of a residence. Individual(s) is/are prohibited from residing in a Massage Establishment. Upon application, a representative of the City shall provide to the applicant a copy of this chapter and all the necessary information and forms concerning massage establishments and shall obtain a signed acknowledgement from the applicant acknowledging receipt thereof.
   (c)    Upon application, the City of Ashtabula shall have an investigation conducted into the information contained on the application and shall request the appropriate City of Ashtabula departments to conduct an inspection of the proposed massage establishment in order to insure that it complies with the requirements of this chapter.
   (d)    A permit issued under this section to a massage establishment shall expire one year after the date of issuance, except that no massage establishment shall be required to discontinue business because of the failure of the City to act on a renewal application filed in a timely manner and pending before the City on the expiration date of the establishment's permit. Each permit shall contain the name of the applicant, the address of the massage establishment, and the expiration date of the permit.
      (1)    Upon annual renewal the applicant is required to make a renewal application to the City of Ashtabula upon forms prescribed by the City. Each renewal application shall include a nonrefundable renewal fee of $700.00.
      (2)   This renewal application must be made to the City of Ashtabula thirty days prior to the expiration of the existing permit.
         (Ord. 2003-04. Passed 1-6-03.)