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For the purpose of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:
(a) CHIEF OF POLICE means the chief of police of the city of Dallas, or his duly authorized representative.
(b) DIRECTOR means the director of the department designated by the city manager to enforce and administer this chapter or the director’s authorized representative.
(c) MASSAGE means any process consisting of kneading, rubbing, or otherwise manipulating the skin of the body of a human being, either with the hand or by means of electrical instruments or apparatus, or other special apparatus, but shall not include massage by duly licensed physicians and chiropractors, and registered physical therapists who treat only patients recommended by a licensed physician and who operate only under such physician’s direction, nor massage of the face practiced by beauty parlors or barbershops duly licensed under the penal code of the state.
(d) MASSAGE ESTABLISHMENT means any building, room, place or establishment, other than a regularly licensed hospital, where manipulated massage or manipulated exercises are practiced upon the human body by anyone not a duly licensed physician or chiropractor whether with or without the use of mechanical, therapeutic or bathing devices, and shall include Turkish bathhouses. This term shall not include, however, duly licensed beauty parlors or barbershops or a place wherein registered physical therapists treat only patients recommended by a licensed physician and operate only under such physician’s direction. (Ord. Nos. 13752; 15526; 17226)
It shall be unlawful for any person to operate a massage establishment without first having obtained a license therefor from the assessor and collector of taxes in accordance with the provisions of this chapter, or to operate a massage establishment after such license has been revoked, or during a period for which such license has been suspended. Such license shall be issued only upon the payment of the fee specified in Section 25A-6 and upon the approval in writing of the director and the chief of police upon the issuance of a certificate of occupancy from the building official. Such license shall expire on the 31st day of December of each year. (Ord. Nos. 13752; 15526)
After an application has been made for issuance of an original license or a renewal of an existing license to operate a massage establishment as defined herein, the chief of police, as the principal enforcement officer of this chapter, shall determine whether the applicant has been finally convicted in any court of theft, fornication, sodomy, procuring, pandering, keeping a bawdy house, keeping an assignation house, engaging in prostitution or engaging in assignation, or whether such establishment employs any person who has been finally convicted in any court of theft, fornication, sodomy, procuring, pandering, keeping a bawdy house, keeping an assignation house, engaging in prostitution or engaging in assignation. (Ord. 13752)
At the time of making application for the license required by this chapter the applicant shall furnish to the chief of police the names, addresses, race, sex, date of birth, and telephone number of the applicant, his spouse and of all employees of the massage establishment. (Ord. Nos. 13752; 15526)
The annual license fee shall be $200 for each such establishment. If the license is obtained between January 1st and June 30th of any year, the full amount of such fee shall be paid. If such license is obtained between July 1st and December 31st of any year, the fee shall be one-half of such amount. No refund of license fees shall be made. (Ord. Nos. 13752; 18411)
The chief of police shall refuse to approve issuance or renewal of any license required by this chapter to any applicant who has been finally convicted in any court of theft, fornication, sodomy, procuring, pandering keeping a bawdy house, keeping an assignation house, engaging in prostitution or engaging in assignation; or to any applicant who employs in such establishment any person who has been finally convicted of theft, fornication, sodomy, procuring, pandering, keeping a bawdy house, keeping an assignation house, engaging in prostitution or engaging in assignation. (Ord. 13752)
(a) A license issued pursuant to this chapter shall be revoked upon final conviction in any court of the holder of such license for the offense of theft, fornication, sodomy, procuring, pandering, keeping a bawdy house, keeping an assignation house, engaging in prostitution or engaging in assignation.
(b) A license issued pursuant to this chapter shall be suspended for a period of not less than 30 days nor more than 90 days upon final conviction in any court of the holder of such license for the operation of the massage establishment in violation of any statute of this state, or any provision of this code or other ordinance of the city of Dallas.
(c) Any license issued pursuant to this chapter shall be suspended for a period of 90 days upon the final conviction in any court of any employee of such massage establishment for the offense of theft, fornication, sodomy, procuring, pandering, keeping a bawdy house, keeping an assignation house, engaging in prostitution or engaging in assignation, or a violation of any provision of this chapter.
(d) Written notice of such revocation or suspension shall be given by the chief of police to the holder of such license at the holder’s last known business address. (Ord. 13752)
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