4-6-020 Health club licenses.

(a) A regulated business license shall be required for the business activities set forth in this chapter. A separate license shall be required for each separate business location.

(b) The terms defined in Section 4-4-005, as well as the general licensing provisions set forth in Chapter 4-4 shall apply to all Chapter 4-6 licenses.

(c) Business activities requiring a regulated business license under this chapter shall include the following: (1) health club; (2) clothing alteration; (3) laundry service; (4) residential real estate developer; (5) tattooing, body piercing or tanning facility; (6) day labor agency; (7) adult family care center; (8) assisted living establishment; (9) long-term care facility; (10) adult family care home; (11) automatic amusement operator; (12) private scavenger; (13) secondhand dealer in children's clothing and children's products only; (14) junk peddler; (15) debt collectors; (16) hospital; (17) hotel; (18) board-up company; (19) dry cleaner; (20) hazardous materials; (21) single-room occupancy buildings; (22) booting of motor vehicles; (23) immigration assistance; (24) expediter company: (25) expediter/natural person; (26) home occupation; (27) home repair; (28) bed-and-breakfast establishment; (29) vacation rentals; (30) pharmaceutical representatives; (31) massage establishments and massage services; and (32) mobile merchants.

(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 11-8-12, p. 38872, § 50; Amend Coun. J. 1-17-13, p. 45326, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. VII, § 2; Amend Coun. J. 6-28-17, p. 51336, § 1; Amend Coun. J. 1-15-20, p. 13000, § 2)

ARTICLE II. HEALTH CLUB (4-6-020 et seq.)

4-6-020 Health club licenses.

No regulated business license shall be issued for any health club, fitness center or exercise club, unless the health club, fitness center or exercise club provides proof that (1) either through ownership, or by a contractual relationship with a third party, the applicant has available off-street parking within 500 feet of the licensed premises in an amount equal to ten percent of the capacity of the licensed premises; or (2) the patrons of the applicant have access to parking in an accessory garage located on the same zoning lot as the premises of the applicant in an amount equal to ten percent of the capacity of the licensed premises. This section shall not apply to any premises occupied by a licensed health club, fitness center or exercise club on July 8, 2000 until such time that the premises ceases to be used as a health club, fitness center or exercise club, or to any health club, fitness center or exercise club located in the central business district, as defined in Section 9-4-010 of this Code.

(Added Coun. J. 5-9-12, p. 27485, § 16)

ARTICLE III. CLOTHING ALTERATION (4-6-030 et seq.)

4-6-030 Clothing alteration.

(a) Definitions. As used in this section:

"Clothing alteration" means any person who, for compensation, creates, repairs or alters clothing.

(b) Legal duties. Each licensee engaged in the business of clothing alteration shall have a duty to:

(1) prominently display a list of its services and the respective current selling price of each listed service;

(2) charge customers the price indicated on the list of services required under subsection (b)(1) of this section. Provided, however, that a price higher than the price indicated on such list of services may be charged if the amount of the difference and the reasons for the difference are disclosed to the customer prior to performing the requested clothing alteration.

(Added Coun. J. 5-9-12, p. 27485, § 16)

ARTICLE IV. LAUNDRY SERVICE (4-6-040 et seq.)

4-6-040 Laundry service.

(a) Definitions. As used in this chapter:

"Coin-operated, self-service laundry" means any establishment where washing machine units are available for use by the general public upon depositing a coin into such unit or paying a fee for the use of such unit to the operator of the establishment or such operator's agent.

"Laundry service" or "laundry" or "laundered" or "laundering" means any place where, for consideration of any type, wearing apparel, household linens, curtains, draperies or other items of fabric are cleaned, dried, starched or pressed (1) for the general public; or (2) for rental to patrons or customers of a business that rents such items; or (3) commercially or privately in connection with any hotel, restaurant or public institution; or (4) in a coin-operated, self-service laundry as defined herein. The term "laundry service" does not include (i) any hospital or charitable organization where no charge is made for the provision of laundry service(s); (ii) any person who does custom laundry work at home for a regular trade; or (iii) any room or portion thereof located in a residential building in which domestic laundry work is done by or for the occupants of such building exclusively.

"Laundry vehicle" means any wagon, automobile or other vehicle used to collect or deposit laundry within the City.

(b) Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, a renewal of, a regulated business license to engage in the business of laundry service shall be accompanied by the following information:

(1) whether the laundry or any portion thereof is a coin-operated, self-service laundry, and if so, the intended hours of operation.

(1) keep every room or place used as a laundry or as a place to store laundered or unlaundered fabrics, and all floors, walls, ceilings, windows, woodwork, machinery, utensils and fixtures in such room or place (i) in good repair; (ii) in clean and sanitary condition; (iii) free from rats, mice and vermin; and (iv) free of all matter of an infectious or contagious nature;

(2) keep all laundry vehicles in a clean and sanitary condition;

(3) properly equip all laundry vehicles with (i) a means to separate laundered from unlaundered clothing or fabrics; and (ii) separate containers for any clothing, bedding, linen or other fabric taken from places that are under quarantine or where persons are convalescing after a disease;

(4) indicate on each side of any laundry vehicle, in plain and legible letters measuring at least one-and-one-half inches high, the name of the laundry that will launder the fabric contained in the laundry vehicle;

(5) keep and maintain on file, for a period of not less than three years, all written materials used to document the quantity of each hazardous chemical present at the laundry, if such chemical is present at the laundry in an amount that exceeds the threshold level for reporting as established by regulations promulgated under Title III of the Superfund Amendments and Reauthorization Act of 1986, codified at 42 U.S.C. 11001, et seq. In addition to any other penalty provided by law, a single violation of this subsection may result in license suspension or revocation in accordance with the requirements of Section 4-4-280 of this Code;

(6) upon request, make the records required under subsection (c)(5) of this section available for inspection, during regular business hours or in case of emergency, by any city official charged with responsibility for enforcing this chapter.

(d) Additional duties – Coin-operated self-service laundry. In addition to the duties set forth in subsection (c) of this section, the licensee of any coin-operated, self-service laundry shall have a duty to:

(1) ensure that at least one attendant is physically present on the licensed premises between the hours of 6:00 p.m. and 6:00 a.m., if and while the licensed premises is open for business during such hours or any portion thereof;

(2) if the coin-operated, self-service laundry is open for business between the hours of 11:30 p.m. and 6:00 a.m., (i) install and maintain a time-lapse video surveillance system to monitor the licensed premises during such hours, and (ii) retain on the licensed premises the video surveillance footage for a period of at least 30 days;

(3) if the coin-operated, self-service laundry is open for business between the hours of 11:30 p.m. and 6:00 a.m., not place, operate or maintain any automatic amusement device on the licensed premises;

(4) post a sign on the licensed premises alerting patrons to the fact that it is a violation of subsection (h) of this section for any person, other than employees and necessary maintenance personnel, to be or remain on the licensed premises between the hours of 11:30 p.m. and 6:00 a..m unless such person is using or intends to use the equipment and services offered therein to do such person's laundry.

(e) Construction and design standards. Each licensee engaged in the business of laundry service shall comply with the construction and design standards set forth in this subsection (e). All laundries licensed or required to be licensed under this chapter shall be:

(1) lighted and ventilated in accordance with the requirements of the building provisions of this Code;

(2) provided with adequate and sanitary plumbing installed in accordance with the requirements of the building provisions of this Code. All water closets, sinks or other plumbing fixtures installed in such laundry shall be impermeable, thoroughly sanitary and of an approved type as specified in the building provisions of this Code;

(3) in rooms or places where no laundering occurs, provided with floors constructed of hardwood or other impervious material;

(4) in rooms or places where laundering occurs, provided with floors constructed of either (i) hardwood with tight joints; (ii) concrete; (iii) cement; (iv) tile or stone laid in cement; or (v) other impervious materials. Such floors shall be watertight, including at all angles where floors and walls join, and shall properly drain to a public sewer;

(5) in washrooms, provided with floors constructed of either (i) concrete; (ii) cement; (iii) tile or stone laid in cement; or (iv) other impervious materials. Such floors shall be watertight and shall properly drain to a public sewer.

(6) provided with sufficient and suitable lavatory facilities, including approved washbowls, washbasins or sinks that are supplied with hot-and-cold-running water, soap, clean individual towels and any other equipment deemed necessary by the Commissioner of Public Health for the health and comfort of the laundry's employees or patrons;

(7) provided with sufficient cloak room(s) or locker room(s) for employees to keep their wraps or outer clothing or any special or designated garment required to be worn during the hours of employment. Such rooms shall be entirely separate from the room(s) in which laundry is washed or dried and shall provide employees, who are required to change their garments, with a reasonable degree of privacy;

(8) provided with proper seating facilities for each employee who is required to remain stationed at any place for an extended period of time;

(9) equipped with proper devices, such as hoods or exhaust fans, to deflect heat from machines or mechanical devices operated by employees and capable of emitting excessive heat;

(10) provided with proper facilities and equipment for the separate handling of clean and soiled laundry and other fabrics;

(f) Prohibited acts. It shall be unlawful for any licensee engaged in the business of laundry service to:

(1) knowingly allow any employee or other person infected with or carrying a communicable disease to work in any capacity in any area of the laundry where there is a likelihood that persons infected with or carrying such disease may contaminate the laundry or laundered items or transmit the communicable disease to other employees or patrons of the laundry;

(2) allow any person to sleep in any laundry or to maintain any sleeping room or living room in direct connection with any laundry;

(3) keep or store any laundered or unlaundered clothing or fabric belonging to the laundry in any room that is used for living purposes;

(4) if the laundry is located in a building that contains any residential occupancy, (i) operate such laundry between the hours of 8:00 p.m. and 6:00 a..m., or (ii) wash laundry by means other than an enclosed washing machine, or (iii) wash laundry using an enclosed washing machine with a capacity exceeding ten pounds of dry goods per machine.

(5) permit any vapor, smoke or odor emanating at any time from the laundry to become a nuisance within any portion of the licensed premises or to any adjoining or nearby premises;

(6) permit clean and laundered articles of clothing or fabric to come into contact at any time with soiled or unlaundered articles of clothing or fabric;

(7) remove or to cause to be removed from the licensed premises any laundered article of clothing or other fabric, unless such article of clothing or fabric has been (i) thoroughly sterilized by keeping such article of clothing or fabric in a washing machine, vat or other vessel provided for that purpose containing water that is either brought to a boiling temperature or maintained at a temperature of 175 degrees Fahrenheit for at least twenty minutes; or (ii) subjected to live steam under pressure; or (iii) kept in a drying house or drying tumbler at a temperature of not less than 215 degrees Fahrenheit for a period of not less than 15 minutes; or (iv) passed through an ironing machine where the ironing surface is at a temperature of not less than 225 degrees Fahrenheit. Provided, however, that if the article of clothing or fabric being laundered is silk or wool or is otherwise subject to damage if the processes set forth in items (i) through (iv) above are used, such article of clothing or fabric shall be treated with soap, bleach or other standard disinfectant solutions as shall be approved by the applicable bureau of the department of buildings;

(8) sprinkle or to cause any fabric to be sprinkled with water or any other liquid substance ejected from the mouth or from any device that comes into contact with the mouth of any person;

(9) maintain any laundry in a manner that is dangerous or detrimental to the health of the general public or to any employee of such laundry.

(g) Departmental duties – Inspections.

(1) The department of business affairs and consumer protection, the department of buildings and the department of health are hereby authorized to inspect or to cause to be inspected any laundry service licensed or required to be licensed under this chapter for compliance with the requirements of this Code.

(h) Prohibition applicable to the general public – Penalty. It shall be unlawful for any person, other than employees and necessary maintenance personnel, to be or remain on the licensed premises between the hours of 11:30 p.m. and 6:00 a.m., unless such person is using or intends to use the equipment and services offered therein to do such person's laundry. Any person who violates this subsection (h) shall be subject to a fine of not less than $250.00 nor more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 11-8-12, p. 38872, § 51; Amend Coun. J. 6-28-17, p. 51334, § 1; Amend Coun. J. 2-24-21, p. 27657, Art. III, § 2)

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