757.01 Definitions.
757.02 Permit required.
757.03 Filing of application; fee.
757.04 Application for massage establishment permit.
757.05 Issuance of permit for a massage establishment.
757.06 Revocation or suspension of permit for massage establishment.
757.07 Masseur or masseuse permit.
757.08 Application for masseur or masseuse permit.
757.09 Issuance of masseur or masseuse permit.
757.10 Revocation of masseur or masseuse permit.
757.11 Facilities necessary.
757.12 Operating requirements.
757.13 Inspections.
757.14 Employment of person under the age of eighteen prohibited.
757.15 Identification card.
757.16 Transfer of permits.
757.17 Display of permit.
757.18 Employment of masseurs and masseuses.
757.19 Time limit for filing application for permit.
757.20 Nonapplicability of this chapter.
757.21 Rules and regulations.
757.22 Keeping of records.
757.23 Persons under age eighteen.
757.24 Maintaining a public nuisance.
757.25 Review.
757.99 Penalty.
CROSS REFERENCES
Sexual misconduct - see GEN. OFF. Ch. 533
Endangering children - see GEN. OFF. 537.07
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section.
(a) "Massage" means any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments or other similar preparations commonly used in this practice.
(b) "Applicant" means person applying for a permit under this chapter and must include all partners, including limited partners, of a partnership applicant, any officer or director of a corporate applicant, and any stockholder holding more than two percent (2%) of the stock of a corporate applicant.
(c) "Massage establishment" means any establishment having a fixed place of business where any person, firm, association or corporation engages in, or carries on, or permits to be engaged in or carried on, any of the activities mentioned in subsection (a) hereof.
(d) "Masseur" or "masseuse" means any individual who, for any consideration whatsoever, engages in the practice of massage as herein defined.
(e) "Employee" means any and all persons other than the masseurs or massesues, who render any service to the permittee, who receive compensation directly from the permittee, and who have no physical contact with customers and clients.
(f) "Person" means any individual, copartnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.
(g) "Health Commissioner" means the Commissioner of the Department of Health of the City or his/her authorized representative.
(h) "Permittee" means the operator of a massage establishment.
(i) "Sexual or genital area" includes the genitals, pubic area, anus or perineum of any person, or the vulva or breasts of a female.
(Ord. 1980-166. Passed 10-15-80.)
No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in or upon any premises in the City, the operation of a massage establishment as herein defined, without first having obtained a permit from the Board of Health, after approval of the Health Commissioner. (Ord. 1980-166. Passed 10-15-80.)
Every applicant for a permit to maintain, operate or conduct a massage establishment shall file an application in duplicate under oath, with the Health Department upon a form provided by the Health Department and pay a nonrefundable filing fee of one hundred dollars ($100.00) to the Director of Finance who shall issue a receipt which shall be attached to the application filed with the Health Department.
The Health Department shall, within five days, refer copies of such application to the Fire Department, the Building Department and the Police Department. Those departments shall, within thirty days, inspect the premises proposed to be operated as a massage establishment and make written recommendations to the Health Department concerning compliance with the codes that they administer.
Within ten days of receipt of the recommendations of the aforesaid department, the Health Department shall notify the applicant that his/her application is granted, denied or held for further investigation. The period of such additional investigation shall not exceed an additional thirty days unless otherwise agreed to by the applicant. Upon the conclusion of such additional investigation, the Health Department shall advise the applicant, in writing whether the applicant ion is granted or denied.
Whenever an application is denied or held for further investigation, the Health Department shall advise the applicants in writing of the reasons for such action.
The failure or refusal of the applicant to give promptly any information relevant to the investigation of the application or his/her refusal to submit to or cooperate with any inspection required by this chapter shall constitute an admission by the applicant that he or she is ineligible for such permit and shall be grounds for denial thereof by the Health Commissioner. (Ord. 1980-166. Passed 10-15-80.)
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