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§ 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)
§ 110.07 ISSUANCE OF LICENSE OR PERMIT.
   The city shall issue a license for a massage establishment or a permit for a masseur or masseuse, after ratification by the City Commission that requirements for a massage establishment or a massagist permit described by this chapter are met unless it finds:
   (A)   The correct permit or license fee has not been tendered to the city and, in the case of a check, or bank draft, honored with payment upon presentation.
   (B)   The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to, the city's building, zoning, and health regulations.
   (C)   The applicant, if an individual; or any of the stockholders holding more than 10% of the stock of the corporation, any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; or the holder of any lien, of any nature, upon the business and/or the equipment used therein; and the manager or other person principally in charge of the operation of the business, have been convicted of any of the following offenses or convicted of any offense without the state that would have constituted any of the following offenses if committed within the state:
      (1)   An offense involving in the use of force and violence upon the person of another that amounts to a felony.
      (2)   An offense involving sexual misconduct.
      (3)   An offense involving narcotics, dangerous drugs or dangerous weapons that amount to a felony.
      (4)   The city may issue a license or permit to any person convicted of any of the crimes described in divisions (C)(1), (2), or (3) of this section if it finds that such conviction occurred at least five years prior to the date of the application and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for crime mentioned in this section.
   (D)   The applicant has knowingly made any false, misleading, or fraudulent statement of fact in the permit application or in any document required by the city in conjunction therewith.
   (E)   The applicant has had a massage business, masseur, or other similar permit or license denied, revoked, or suspended by the city or any other state or local agency within five years prior to the date of the application.
   (F)   The applicant, if an individual, or any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager of other personal principally in charge of the operation of the business, is not over the age of 18 years.
(Ord. 8.17, passed 5-6-86)
§ 110.08 APPROVAL OR DENIAL OF APPLICATION.
   The city shall act to approve or deny an application for a license or permit under this chapter within a reasonable period of time and in no event shall the city act to approve or deny the license or permit later than 90 days from the date that said application was accepted by the City Clerk. Every license or permit issued pursuant to this chapter will terminate December 31 of each year unless sooner suspended or revoked.
(Ord. 8.17, passed 5-6-86)
§ 110.09 WAIVER OF APPLICATION REQUIREMENTS.
   The city shall waive the requirements of § 110.06 if the applicant furnishes satisfactory evidence that he or she attended not less than 70 hours of instruction in a school within or without this state or in any foreign country that provides education substantially equal to or in excess of the educational requirements of this chapter.
(Ord. 8.17, passed 5-6-86)
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