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The Chief of Police or his or her authorized representatives shall from time to time make inspection of each massage business establishment for the purpose of determining that the provisions of this chapter are fully complied with. No permittee shall fail to allow such inspection officer access to the premises or hinder such officer in any manner.
(Ord. 248-1978. Passed 11-6-78.)
(a) No person, in a massage parlor, shall place his or her hand or hands upon, touch with any part of his or her body, fondle in any manner, or massage, a sexual or genital part of any other person. Sexual or genital parts shall include the genitals, pubic area, buttocks, anus or perineum of any person, or the vulva or breasts of a female.
(b) No person, in a massage parlor, shall expose his or her sexual or genital parts, or any portion thereof, to any other person, nor shall any person, in a massage parlor, expose the sexual or genital parts, or any portions therefor, of any other person.
(c) No person, while in the presence of any other person in a massage parlor, shall fail to conceal with a fully opaque covering, the sexual or genital parts of his or her body.
(d) No person owning, operating or managing a massage parlor, shall knowingly cause, allow or permit in or about such massage parlor, any agent, employee or other person under his or her control or supervision to perform the acts prohibited in subsection (a), (b) or (c) hereof.
(e) No permittee under this chapter shall administer massage on an outcall basis as defined in Section 747.01(f). Such person shall administer massage solely within an establishment licensed to carry on such business under this chapter. Any violation of these provisions shall be deemed grounds for revocation of the permit granted hereunder. The restriction on outcall massage shall not apply to a permittee who performs outcall massage as defined herein upon a customer or client who, because of reasons of physical defects or incapacities or due to illness, is physically unable to travel to the massage establishment. If any outcall massage is performed under this exception, a record of the date and hour of each treatment, the name and address of the customer or client, the name of the employee administering such treatment, the type of treatment administered, and the nature of the physical defect, incapacity or illness of such client or customer, shall be kept by the licensee or person or employee designated by the licensee. Such records shall be open to inspection by officials charged with the enforcement of public health laws. The information furnished or secured as a result of any such inspection shall be confidential. Any unauthorized disclosure or use of such information by an employee of the business or the City shall be unlawful.
(f) No massage service shall be carried on within any cubicle, room, booth or any area within a massage establishment which is fitted with a door capable of being locked. All doors or doorway coverings within a massage establishment shall have an unobstructed opening six inches by six inches in size capable of clear two-way viewing into and out of all cubicles, rooms or booths. The opening shall be not less than four and one-half feet nor more than five and one-half feet from the floor. Toilets and cubicles used solely for the application of liquid and vapor baths shall have no such opening in the covering door or curtain, but shall be clearly marked as to purpose on the exterior door or curtain of such cubicle, room or booth. Nothing contained herein shall be construed to eliminate other requirements of statute or ordinance concerning the maintenance of premises, nor to preclude authorized inspection thereof whenever such inspection is deemed necessary by the Police Department or the Board of Health.
(Ord. 248-1978. Passed 11-6-78.)
Upon sale, transfer or relocation of a massage establishment, the license therefor shall be null and void unless approved as provided in Section 747.06, provided, however, that upon the death or incapacity of the licensee or any co-licensee of the massage establishment, any heir or devisee of a deceased licensee may continue the business of the massage establishment for a reasonable period of time not to exceed sixty days to allow for an orderly transfer of the license.
(Ord. 248-1978. Passed 11-6-78.)
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