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§ 110.01 SHORT TITLE.
   This chapter shall be known and cited as the “Massage Parlor Ordinance.”
(Ord. 8.17, passed 5-6-86)
§ 110.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   EMPLOYEE. Any person over 18 years of age, other than a massagist, who renders any service in connection with the operation of a massage business and receives compensation from the operator of the business or patrons.
   LICENSEE. The person to whom a license has been issued to own or operate a massage establishment as defined herein.
   MASSAGE. Any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the human body with the hands or with the aid of any mechanical electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment or other such similar preparations commonly used in the practices of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefor.
   MASSAGE ESTABLISHMENT. Any establishment having a source of income or compensation derived from the practice of massage, and which has a fixed place of business where any person, firm, association or corporation engages in or carries on any of the activities of massage as defined in this section.
   MASSAGIST, MASSEUR, or MASSEUSE. Any person who, for any consideration whatsoever, engages in the practice of massage as defined in this section.
   OUTCALL MASSAGE SERVICE. Any business, the function of which is to engage in or carry on massages at a location designated by the customer or client rather than at a massage establishment as defined in this section.
   PATRON. Any person over 18 years of age who receives a massage at a location designated by the customer or client rather than at a massage establishment as defined in this section.
   PERMITTEE. The person to whom a permit has been issued to act in the capacity of a massagist (masseur or masseuse) as herein defined.
   RECOGNIZED SCHOOL. Any school or educational institution licensed to do business as a school or educational institution in the state in which it is located, or any school recognized by or approved by or affiliated with the American Massage and Therapy Association, Inc. and which has for its purpose the teaching of the theory, method, profession, or work of massage, which school requires a resident course of study not less than 70 hours before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning.
   SEXUAL or GENITAL AREA. Genitals, pubic area, buttocks, anus, or perineum of any person, or the vulva or breasts of a female.
(Ord. 8.17, passed 5-6-86)
§ 110.03 PERMITS REQUIRED.
   (A)   Business license required. No person shall engage in or carry out the business of massage unless he has a valid massage business license issued by the city pursuant to the provisions of this chapter for each and every separate office or place of business conducted by such person.
   (B)   Massagist's permit required. No person shall practice massage as a massagist, employee or otherwise, unless he has a valid and subsisting massagist's permit issued to him by the city pursuant to the provisions of this chapter.
(Ord. 8.17, passed 5-6-86) Penalty, see § 110.99
§ 110.04 EXEMPTIONS.
   This chapter shall not apply to the following individuals while engaged in the personal performance of the duties of their respective professions:
   (A)   Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly licensed to practice their respective professions in the state or currently certified members of the American Massage Therapy Associations or the International Myomssethes Federation.
   (B)   Nurses who are registered under the laws of this state.
   (C)   Barbers and beauticians who are duly licensed under the laws of this state, except that this exemption shall apply solely to the massaging of the neck, face, scalp and hair of the customer or client for cosmetic or beautifying purposes.
(Ord. 8.17, passed 5-6-86; Am. Ord. passed 7-1-86)
§ 110.05 APPLICATION FOR MASSAGE ESTABLISHMENT LICENSE.
   Every applicant for a license to maintain, operate, or conduct a massage establishment shall file an application under oath with the city upon a form provided by the City Clerk and pay a nonrefundable annual license fee, which shall be $500 per year, or any part thereof. Copies of the application shall within five days also be referred to the Construction Code Authority and the Fire Department and Zoning Administration. The departments shall within 30 days inspect the premises proposed to be operated as a massage establishment and shall make written verification to the City Clerk concerning compliance with the codes of the city that they administer. The application shall further be referred to the Police Department for investigation of the applicant's character and qualifications. Each application shall contain the following information:
   (A)   A definition of service to be provided.
   (B)   The location, mailing address and all telephone numbers where the business is to be conducted.
   (C)   The name and residence address of each applicant hereinafter all provisions which refer to applicant include an applicant which may be a corporation or partnership.
   (D)   If applicant is a corporation, the names and residence addresses of each of the officers and directors of the corporation and of each stockholder owning more than 10% of the stock of the corporation, and the address of the corporation itself, if different from the address of the massage establishment.
   (E)   The name and address of any massage business or other establishment owned or operated by any person whose name is required to be given in division (C) wherein the business or profession of massage is carried on.
   (F)   A description of any other business to be operated on the same premises owned or controlled by the applicant.
   (G)   Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit.
   (H)   Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application.
   (I)   The names, current addresses and written statements of at least three bona fide permanent residents of the United States that the applicant is of good moral character. If the applicant is able, the statement must first be furnished from residents of the city, then the county, then the state and lastly from the rest of the United States. These references must be persons other than relatives and business associates.
   (J)   Upon the completion of the above provided form and the furnishing of all foregoing information the City Clerk shall accept the application for the necessary investigations. The holder of a massage establishment license shall notify the City Clerk of each change in any of the date required to be furnished by this section within ten days after such change occurs.
(Ord. 8.17, passed 5-6-86)
§ 110.06 APPLICATION FOR MASSAGIST'S PERMITS.
   Application for a massagist's business permit shall be made to the City Clerk in the same manner as provided above for massage establishment licenses, accompanied by the annual nonrefundable massagist's permit fee of $100 per year or part thereof. The application shall contain but not be limited to the following:
   (A)   The business address and all telephone numbers where the massage is to be practiced.
   (B)   Name and residence address, and all names, nicknames and aliases by which the applicant has been known, including the two previous addresses immediately prior to the present address of the applicant.
   (C)   Social Security number, driver's license number, if any, and date of birth.
   (D)   Applicant's weight, height, color of hair and eyes, and sex.
   (E)   Written evidence that the applicant is at least 18 years of age.
   (F)   A complete statement of all convictions of the applicant for any felony or misdemeanor or violation of a local code or ordinance provision, except misdemeanor traffic violations.
   (G)   Fingerprints of the applicant taken by the Police Department.
   (H)   Two front-face portrait photographs taken within 30 days of the date of application and at least two inches by two inches in size.
   (I)   The massage or similar business history and experience ten years prior to the date of application, including but not limited to whether or not such person is previously operating in this or another city or state under license or permit has had such license or permit denied, revoked, or suspended and the reasons therefor, and the business activities or occupations subsequent to such action of denial, suspension or revocation.
   (J)   The names, current addresses and written statements of at least five bona fide permanent residents other than relatives, of the United States that the applicant is of good moral character. If the applicant is able, the statement must first be furnished from residents of the city, then the county, then the state and lastly from the rest of the United States.
   (K)   A medical certificate signed by a physician, licensed to practice in the state, within seven days of the date of the application. The certificate shall state that the applicant was examined by the certifying physician and that the applicant is free of communicable disease. The additional information required by this division shall be provided at the applicant's expense.
   (L)   Such other information, identification and physical examination of the person deemed necessary by the Police Chief in order to discover the truth of the matters hereinbefore required to be set forth in the application.
   (M)   Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit.
   (N)   Written declaration by the applicant, under penalty or perjury that the foregoing information contained in the application is true and correct, the declaration being duly dated and signed in the city.
(Ord. 8.17, passed 5-6-86; Am. Ord. passed 7-9-86)
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