In addition to the illegal acts and omissions proscribed throughout this chapter, each of the following acts or omissions shall be unlawful:
A. Licenses Required: No owner or manager of a massage establishment shall permit or allow any person to engage in, or attempt to engage in, the practice of massage therapy within the massage establishment unless the massage establishment:
1. Possesses a valid City massage establishment license; or
2. Is exempted by this Code from the massage establishment license requirement.
B. Licenses Generally:
1. Every massage establishment license issued pursuant to this chapter shall remain the property of the City, and shall be surrendered to the City Clerk within seventy two (72) hours of suspension, revocation or expiration, or immediately upon demand by a Licensing Officer.
2. No person shall have in their possession a massage establishment license issued pursuant to this chapter that has been denied, suspended, revoked or that has expired.
3. No massage establishment license shall be transferred.
4. Every owner and manager shall notify the City Clerk in writing within two (2) business days upon the change of any of the information provided in the massage establishment license application submitted to the City Clerk.
5. Every applicant, massage therapist, manager and owner shall continue to have and maintain all the qualifications, and none of the disqualifications, for licensure pursuant to this chapter.
6. Every applicant, massage therapist, manager and owner shall notify the City Clerk within two (2) business days in the event any person whose name appears on an application for a massage establishment license loses any qualification or gains any disqualification for licensure pursuant to this chapter.
7. Every massage establishment license and State issued massage therapist license shall be posted in the massage establishment at all times, and shall be in full and clear view of clients and potential clients.
8. Every owner, manager and massage therapist, upon request of any law enforcement, Licensing Officer or any client, shall immediately present all required licenses for inspection.
9. No manager or owner shall employ or allow any person to perform massage or massage therapy in a massage establishment under their management or ownership, unless such person possesses a valid massage therapy license issued by the State or is specifically exempted in State Code from the requirement to possess a State massage therapist license.
10. No person with any license governed by this chapter that has expired or has been suspended or revoked shall engage in the practice of massage or massage therapy, or attempt to practice massage or massage therapy in a massage establishment.
11. No person shall operate or run a massage establishment with a suspended or revoked license.
C. Construction, Operation And Maintenance Of Establishments:
1. Every massage establishment shall comply with the minimum operating and sanitary requirements of section 3-10-12 of this chapter.
2. No massage establishment shall operate or be open for business between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M.
3. The owner and manager of every massage establishment shall notify the City Clerk in writing within two (2) business days of every change in ownership or management of the massage establishment.
4. The owner and manager of every massage establishment shall notify the City Clerk in writing within two (2) business days of every change in massage therapists employed by, or working at, the massage establishment, whether such change is by new or renewed employment, termination or discharge, transfer or other employment change.
5. No person shall perform massage or massage therapy in any cubicle, room or area equipped with a locking door.
6. No living or sleeping in massage establishment.
a. No person shall use a massage establishment as housing, living quarters or sleeping quarters.
b. No owner or manager shall permit or allow a massage establishment to be used as housing, living quarters or sleeping quarters by any person.
c. Home occupations, as defined in subsection 11-012-02.5 of this Code, are exempted from this prohibition.
D. Required Records:
1. No owner, manager, massage therapist or employee shall fail to keep the records required by this chapter.
2. No owner, manager, massage therapist or employee shall refuse or fail to immediately present all records required to be kept by this chapter to a Licensing Officer upon request.
E. Inspections:
1. Every massage establishment shall obtain and receive every inspection required by law, including, but not limited to, inspections performed by the Fire Department, the building inspector, the Central District Health Department and any other department or agency authorized to conduct a required inspection.
2. No owner, manager, massage therapist or employee shall fail to immediately grant full massage establishment access to a Licensing Officer or any other person authorized or required by law to inspect the massage establishment.
F. Other Unlawful Practices:
1. No owner, manager, massage therapist or employee shall allow or permit any person under the age of eighteen (18) years to come into or remain in any massage establishment without parental approval.
2. No owner, manager, massage therapist or employee shall sell, give, dispense, provide or keep, or cause or permit to be sold, given, dispensed, provided or kept, any alcoholic beverage or liquor within any massage establishment.
3. No owner, manager, massage therapist or employee shall initiate or engage in any sexual contact or sexual act in any massage establishment.
4. No owner, manager, massage therapist or employee shall keep, or allow to be kept, within any massage establishment any item known as or commonly used as a marital or sexual aid, including, but not limited to, any contraceptive item or device, vaginal or anal lubricant, or any sex toy.
5. No owner, manager, massage therapist or employee shall solicit, initiate, engage in, permit or allow any act that violates Idaho Code section 54-4001 et seq., the rules of the Idaho State Board of Massage Therapy, or the Code of Ethics or standards of practice set forth in IDAPA section 24.27.01 et seq. (Ord. 17-13, 6-18-2013; amd. 2019 Code)