(a) Definitions. As used in this section:
Accredited School of Massage. Any school or institution of learning accredited by the Indiana Commission of Proprietary Education (ICOPE) or a similar state agency or commission of a state other than Indiana that requires a course of study of not less than 500 hours before a student is awarded a diploma or certificate of graduation.
City. The City of Carmel, Hamilton County, Indiana.
Home Occupation Dwelling. A dwelling used by a massage therapist to provide massages to patrons that meets the requirements for a "home occupation dwelling" set forth in the City's Zoning Ordinance.
Massage. A therapeutic system of structured touch, pressure, holding, and movement of the soft tissue of the body that includes the use of touch, pressure, percussion, kneading, movement, positioning, nonspecific stretching, stretching within the normal anatomical range of movement and holding, with or without the use of massage devices that mimic or enhance manual measures, as well as the external application of heat, cold, water, ice, stones, thermal therapy, lubricants, abrasives and topical preparations that are not classified as prescription drugs, and which does not include joint manipulation or spinal adjustment and diagnosis or prescribing drugs for which a license is required.
Massage Therapist. Any person who, for any form of consideration whatsoever, gives or administers a massage to a patron.
Patron. Any person who receives a massage from a massage therapist.
(b) Exemptions from section. This section shall not apply to the following:
(1) Physicians, surgeons, chiropractors, osteopaths, nurses, physical therapists and similar professionals licensed or registered to practice their respective professions under the laws of the State of Indiana.
(2) Barbers and beauticians licensed or registered to practice their respective professions under the laws of the State of Indiana.
(3) Accredited schools and colleges, and coaches and trainers employed thereby while acting within the scope of their employment.
(4) Not-for-profit community-supported agencies authorized to operate in Indiana.
(c) Massage therapist permit. It shall be unlawful for any person to provide a massage to a patron within the corporate limits of the City without first obtaining a valid massage therapist permit issued pursuant to the provisions of this section.
(1) Application; contents.
a. An application for a massage therapist permit shall be filed with the Department of Community Services on a form provided by that Office. The application shall be verified under oath.
b. The filing of a massage therapist permit application does not authorize any person to provide a massage in the City before such permit has been granted or after it has been suspended or revoked.
c. Each massage therapist permit applicant shall truthfully and completely furnish the following information with his/her application:
1. The legal name, business and residential addresses and telephone numbers of the applicant.
2. The applicant's business, occupation and employment history for the three years immediately preceding the date of the application.
3. Whether the applicant previously operated as a massage therapist under any permit or license issued by another city or state, and whether that permit or license was ever suspended or revoked.
4. The applicant's Limited Criminal History report as provided to him/her pursuant to I.C., 10-13-3-27.
5. A copy of the applicant's diploma or certificate of graduation from an accredited school of massage.
6. Proof of such professional liability insurance as is required by this section.
(2) Granting of permit; renewals. Within 30 days of receipt of a fully completed application, the Department of Community Services shall issue a massage therapist permit if it is found that:
a. The application complies in all material respects with the provisions of this section.
b. The applicant has reasonably cooperated in the review of his/her application.
c. The applicant has not, within the three years immediately preceding the date of the application, been convicted of any crime of unlawful deviate conduct, deviate sexual conduct or sexual conduct as defined in Title 35 of the Indiana Code.
d. The applicant has furnished a copy of an acceptable diploma or certificate of graduation from an accredited school of massage.
e. The applicant has not had his/her massage therapist's license or permit denied or revoked for cause by any governmental entity in the United States within the three years immediately preceding the date of the application.
f. The applicant is 18 years of age or older.
g. The applicant has professional liability insurance in an amount of not less than $100,000 per occurrence and $250,000 annual aggregate.
h. The massage therapist permit fee is fully paid.
(3) Renewal of permit. The Department of Community Services shall renew a massage therapist's permit, upon request, promptly upon its verification that all of the information contained on the therapist's massage permit application is accurate and complete, that the therapist has not violated this section, and that the permit fee has been paid.
(4) Permit fee.
a. The fee for massage therapist permit shall be $20, payable to the City of Carmel at the time of the issuance of such permit.
b. A massage therapist permit shall be effective for 24 months from and including the date of its issuance, unless earlier suspended or revoked.
(5) Denial. If a massage therapist permit or permit renewal is denied, the applicant may appeal to the City's Board of Public Works (BPW) within 30 days from the date the applicant receives notice of the denial, and may further appeal the decision to the extent permitted by law. The BPW shall have solediscretion to grant said permit or deny said permit for any reason, including but not limited to, approving the permit of an applicant who was graduated successfully from an accredited school of massage that at the time said applicant graduated required fewer than 500 hours of training.
(D) Operation.
(1) Compliance with law. Every massage therapist and any commercial establishment or Home Occupation Dwelling out of which he/she operates shall comply with all applicable building, zoning, health, criminal, nuisance, fire and safety laws, rules and regulations.
(2) Every massage therapist shall make available for review, upon the request of any patron or City official, his/her massage therapist permit.
(E) Grounds for revocation or suspension of permit.
(1) Any violation of this section by a massage therapist shall be grounds for the suspension or revocation of his/her massage therapist permit.
(2) It shall be unlawful for any natural person to represent himself/herself as, or to perform the services of, a massage therapist in the City without first possessing a valid massage therapist permit issued under this section.
(3) It shall be unlawful for any natural person to advertise or solicit massage services to be performed in the City by anyone who is not a massage therapist who possesses a valid massage therapist permit issued under this section, or any other name that would suggest they perform any of the services as defined under § 4-21 (a).
(f) Conduct in violation of section deemed a nuisance. Any violation of the provisions of this section shall be unlawful and declared a public nuisance. The City Attorney or his designee may, in addition to or in lieu of prosecuting a civil action hereunder, commence any action and take any other steps as are necessary or prudent to lawfully restrain and enjoin any person from advertising, operating or providing massages in violation of this section.
(g) Penalty. Any natural person who violates any provision of this section shall, upon conviction, be subject to a fine of not less than $100 nor more than $2,500 per violation, in addition to the possible suspension or revocation of his/her massage therapist permit. A violation of any provision of this section shall constitute a separate offense for each day such violation exists.
(Ord. D-1843-07, As Amended, 2-19-07)