(A) Generally. No person shall operate, own, conduct, carry on or permit to be operated, owned, conducted or carried on any massage therapy business in the city unless the premises at which the business is located meets the minimum standards set forth in § 115.09 of this chapter and unless a permit to operate a massage therapy business is obtained from the city in compliance with the provisions of this section. The annual permit fee is $25 per business location and is not refundable. The Fire, Health, and Police Departments shall have the right to inspect the massage therapy business establishment at any time to determine whether there is compliance with the terms of this chapter.
(B) Application. Any person seeking a permit to operate a massage therapy business shall make application to the Clerk. The Clerk shall cause an investigation of the applicant to be made by the Police Department to determine if the applicant is of good moral character. The Clerk shall also cause an investigation to be made by the Fire Department and the Planning/Community Development Director to determine that all requirements of this chapter have been satisfied and the applicant has fully complied with all applicable ordinances and regulations relating to buildings, zoning, fire and health.
(C) Contents of application.
(1) The application shall contain the following:
(a) Full name, address and Social Security number of applicant, a recent photo of applicant, and proof that applicant is an adult;
(b) A government issued photo ID of the applicant, owner, manager and all employees or persons present on the premises who are or will be employed to perform massage therapy;
(c) Full name of the business and the address of the premises for which the application is being made; a plan denoting the area to be used for this business, along with parking areas, lounges, waiting rooms, storerooms and any other rooms or places used in conjunction with the massage therapy business;
(d) The criminal record of the applicant, if any, including descriptions of all crimes or other offenses, including the time, place, date and disposition for which the applicant, owner, manager, and all persons employed by the applicant or present on the premise to perform massage therapy have been arrested, charged, or convicted;
(e) Any other information as the Chief of Police or City Clerk may require for purposes of conducting a background check. If it is determined that a nationwide background check is required, the applicant may be responsible for the expense to complete the background check;
(f) A statement that the applicant is of good moral character;
(g) A statement that the contents of the application are true;
(h) Dates and locations of other places the applicant has owned or operated as a massage therapy business;
(i) The type of business entity, such as a sole proprietorship, partnership or corporation; and in the case of a corporation, the names and addresses of all officers and directors of the corporation and a copy of the certificate of incorporation;
(j) The name and address of the owner, lessor, or the contract seller and of the buyer, lessee and the mortgagor, whichever is applicable, of the building wherein the massage therapy business will be located;
(k) Copies of any contracts, lease or rental agreements governing the applicant’s rights in the permitted premises;
(l) Signature of the applicant, or if the application is in the name of a corporation, the signature of each officer of the corporation;
(m) A statement as to whether the applicant, owner, manager, or any person employed by the applicant has had any license or permit to perform massage therapy denied, revoked or suspended in any city, state, county, or any country and the reason for the denial, revocation or suspension, including copies of any documentation related to the denial, revocation or suspension;
(n) A copy of the state licenses of all persons performing therapy services at the business address;
(o) Proof of insurance of liability insurance for injury to patrons of at least $1,000,000 per occurrence and $1,000,000 aggregate. All insurance policies hereunder shall provide for at least 30 consecutive days prior notice to the Police Department before a cancellation thereof is effective and shall continue to provide coverage as to all matters arising during the term of the insurance policy whether or not later cancelled; and
(p) The permit fee shall accompany the application.
(2) All information required in this section of any applicant shall also be provided for every person who, directly or indirectly, has any right to participate in the management or control of the business to be conducted at the premises of the proposed massage therapy business.
(D) Conditions governing issuance of business permit.
(1) Licenses shall be issued only if the applicant and all of its owners, managers, employees and agents are free of convictions for offenses which involve sex crimes or which relate directly to such person’s ability or fitness to legally and safely perform the duties and discharge the responsibilities of the licensed activity.
(2) Licenses shall only be issued to applicants who have provided all of the information requested in the application, have paid the license fee and have cooperated with the Chief of Police and other city officials in review of the application.
(3) The Planning, Fire, Health and Police Departments shall make written reports of their investigations and shall submit the reports to the Clerk within 30 days of the date of application, and the Clerk shall place the matter before the Council. If the Council finds that the applicant has fully complied with all requirements of this chapter and all applicable ordinances and codes regulating fire, buildings, health and zoning, and that the applicant is of good moral character, the Council shall authorize the issuance of a permit to conduct a massage therapy business at the location designated in the application. The permit shall expire one year from the date of issuance.
(E) Separate permits. Each massage therapy business shall have a separate permit for each place of business, which permit shall be valid only for the business conducted at that location.
(F) Display of permit.
(1) By permitted business. Each massage therapy business shall display the business permit conspicuously in the lobby or waiting room area, where the permit may be readily observed by all persons entering the premises.
(2) By licensed massage therapist. Further, the state license of each therapist performing massage therapy services on the premises shall be displayed in plain view on the premises at a location where services are provided.
(G) Sale or transfer prohibited. No massage therapy establishment permit shall be sold or transferred. The purchaser of any massage therapy business or of the majority of the stock of any corporation operating a massage therapy business shall obtain a new permit before operating a massage therapy business at the location for which the permit has been issued.
(H) Temporary accommodations in the event of emergency. In the event of an emergency situation which prevents a licensee from using the licensed premises while awaiting repair or reconstruction of the premises, or when the licensee must move to a new premises on short notice for other reasons beyond the control of the licensee, a temporary license may be obtained from the City Administrator by written appeal to the City Administrator. Said temporary license shall be good for a temporary location for a period not to exceed 60 days.
(1999 Code, § 125.05) (Ord. 2586, passed 7-10-2018; Ord. 2588, passed 8-14-2018; Ord. 2603, passed 3-12-2019) Penalty, see § 115.99