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(a) No person shall stage, present, conduct or start any
without first obtaining a permit as required by this Division J.
(b) No person shall unreasonably hamper, obstruct or impede or interfere with any
or person or vehicle participating therein. The Chief of Police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles in areas contiguous thereto and shall post signs to such effect and it is unlawful for any person to park or leave a vehicle unattended in violation thereof.
(c) No person shall participate in a
for which the person knows or reasonably should have known that a required permit has not been issued.
(d) No person in charge of, or responsible for the conduct of, a
shall intentionally violate any condition of the permit.
(e) No person shall intentionally engage in, participate in, aid or start any
, that poses a substantial hazard to the public safety.
(f) No person participating in a
shall utilize sound amplification equipment at decibel levels that exceed those limits imposed by § 10.29.02 unless otherwise specifically authorized in the permit.
(Ord. 250, passed 10-7-1960; recodified by Ord. 95-13, passed 8-7-1995; deleted by Ord. 2009-2, passed 2-2-2009; added by Ord. 2013-2, passed 2-25-2013)
A violation of any provision of this Division J or any lawful order of the Chief of Police or his or her designee shall be a misdemeanor under state law. If any section, subsection, sentence, clause or phrase of this Division J is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Division J. The City Council hereby declares that it would have adopted the ordinance in each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
(1958 Code, § 150.19) (Ord. 250, passed 10-7-1960; Ord. 75-3, passed 1-13-1975, renumbered to § 150.17; Ord. 80-55, passed 12-15-1980; Ord. 90-13, passed 3-26-1990; recodified by Ord. 95-13, passed 8-7-1995; deleted by Ord. 2009-2, passed 2-2-2009; added by Ord. 2013-2, passed 2-25-2013)
The purpose of this Division K of the city code is to prohibit
businesses and services to the public except those licensed as
and therapists pursuant to this Division K. The licensing regulations prescribed herein are necessary in order to prevent criminal activity and to protect the health and welfare of the community. The purpose of this Division K is not to impose restrictions or limitations on the freedom of protected speech or expression.
(1958 Code, § 150.21) (Ord. 112, passed 9-16-1947; Ord. 137, passed 12-7-1948; Ord. 148, passed 8-15-1950; repealed and new Division added by Ord. 171, passed 12-4-1951; Ord. 75-3, passed 1-13-1975, renumbered to § 150.19; Ord. 90-13, passed 3-26-1990; recodified by Ord. 95-13, passed 8-7-1995)
The City Council makes the following findings regarding the need to license
and therapists and to prohibit all other types of
businesses and services to the public.
(a)
who have bona fide and standardized training in therapeutic
, health and hygiene can provide a legitimate and necessary service to the general public.
(b) Health and sanitation regulations governing
and therapists can minimize the risk of the spread of communicable diseases and can promote overall health and sanitation.
(c) License qualifications for the restrictions on
and therapists can minimize the risk that such businesses and
will facilitate prostitution and other criminal activity in the community.
(d)
services provided by
with no specialized and standardized training in
can endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury.
(e)
businesses which employ
with no specialized and standardized training can tax city law-enforcement services, because such businesses are more likely to be operated as fronts for prostitution and other criminal activity than operations established by
with standardized training.
(f) The training of professional
at accredited institutions is an important means of ensuring the fullest measure of protecting the public health, safety and welfare.
(1958 Code, § 150.22) (Ord. 112, passed 9-16-1947; Ord. 137, passed 12-7-1948; Ord. 148, passed 8-15-1950; repealed and new Division added by Ord. 171, passed 12-4-1951; Ord. 75-3, passed 1-13-1975, renumbered to § 150.20; recodified by Ord. 95-13, passed 8-7-1995; Ord. 99-23, passed 9-7-1999)
The following words and terms, when used in this Division K, shall have the following meanings unless the context clearly indicates otherwise.
ACCREDITED INSTITUTION. An educational institution holding accredited status with the United States Department of Education.
ACCREDITED PROGRAM. A professional
program accredited by the Commission on Massage Therapy Accreditation (COMTA).
CLEAN. The absence of dirt, grease, rubbish, garbage and other offensive, unsightly or extraneous matter.
GOOD REPAIR. Free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions and similar defects so as to constitute a good and sound condition.
ISSUING AUTHORITY. The City of Bloomington License Section.
MASSAGE. Any method of pressure on, or friction against, or the rubbing, stroking, kneading, tapping, pounding, vibrating, stimulating or rolling of the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparations.
MASSAGE THERAPIST. An individual who practices or administers
to the public who can demonstrate to the
that he or she:
(1) Has current insurance coverage of $1,000,000 for professional liability in the practice of
;
(2) Is affiliated with, employed by or owns a
licensed by the city; and
(3) Has completed 400 hours, if licensed before March 22, 2010, or 600 hours, if licensed after March 22, 2010, of certified therapeutic
training with content that includes the subjects of anatomy, physiology, hygiene, ethics,
theory and research, and
practice from an
or
that has been approved by the
. These training hours must be authenticated by a single provider through a certified copy of the transcript of academic record from the school issuing the training, degree or diploma.
OPERATE. To own, manage or conduct, or to have control, charge or custody over.
PERSON. Any individual, firm, association, partnership, corporation, joint venture or combination of individuals.
REMODEL. Any change to the current requiring either a building or trades permit for the work to proceed. REMODEL does not include changes to the front desk area, waiting area, painting, wallpapering or carpeting, even if a permit is otherwise required. Adding a new
station or area, plumbing changes or expanding into an adjacent space to add
stations or areas are examples of remodeling. Remodeling also means any changes to a plan previously submitted to the city.
THERAPEUTIC MASSAGE ENTERPRISE. A
who
a business which hires only licensed therapeutic to provide massage to the public. The owner/operator of a THERAPEUTIC MASSAGE ENTERPRISE need not be licensed as a therapeutic
if he or she does not at anytime practice or administer
to the public.
WITHIN THE CITY. Includes physical presence as well as telephone referrals such as phone-a-
operations in which the business premises, although not physically located within the city, serves as a point of assignment of employees who respond to requests for services from within the city.
(1958 Code, § 150.23) (Ord. 112, passed 9-16-1947; Ord. 137, passed 12-7-1948; Ord. 148, passed 8-15-1950; repealed and new Division added by Ord. 171, passed 12-4-1951; Ord. 75-3, passed 1-13-1975, renumbered to § 150.21; recodified by Ord. 95-13, passed 8-7-1995; Ord. 99-23, passed 9-7-1999; amended by Ord. 2010-8, passed 4-12-2010; Ord. 2014-18, passed 12-1-2014)
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