A. Advertising Prohibited: It is unlawful for any person to place an advertisement for the giving of massages or baths in any establishment or by any person unless such establishment and person are first duly licensed in accordance with the provisions of this chapter. (Ord. 144, 10-11-1989)
B. Massage Or Bath Off Premises Prohibited: It is unlawful for any person not licensed pursuant to the requirements of this chapter to administer a massage or bath for which any fee, compensation or consideration is given or promised or to hold himself out as administering such massage or bath unless such massage or bath is administered or to be administered at a location and upon premises for which a current and valid massage establishment or bathhouse license has been issued. (Ord. 144, 10-11-1989; amd. 2004 Code)
C. Business Hours: It is unlawful to conduct business in a massage establishment or bathhouse between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. For the purpose of this section, "conduct business" means the offering by either advertisement or verbal communication or the treating or administering of any massages or water, steam, vapor or hot air baths; provided, however, any person may submit a written request to the sheriff for a variance of the provisions of this section. The sheriff shall timely act on all variance requests. No variance shall be granted which is detrimental to the general public health, safety and welfare. The denial of a variance under this section shall be appealable to the board of county commissioners within that time frame and under those procedures set forth in section 3-2-8 of this chapter.
D. Age Of Employee: It is unlawful for the owner, proprietor, manager or person in charge of any massage establishment or bathhouse or any employee of such place to employ any person in such place who is not at least eighteen (18) years of age and it is unlawful for any person under such age to act as a massage establishment employee or a bathhouse employee.
E. Safety And Sanitation: The premises of all massage establishments and bathhouses shall be maintained in a safe and sanitary manner and shall meet any sanitary conditions established by the board of health or other applicable regulatory agency.
F. Liquor And Drugs Prohibited: It is unlawful for any member of the public, or for the proprietor, manager or person in charge of any massage establishment or bathhouse or any employee of such place, to consume any alcoholic beverages or liquor or use any drug or controlled substance on the premises. It is further unlawful for the proprietor, manager or person in charge of any massage establishment or bathhouse or any employee of such place to allow the consumption of alcoholic beverages or liquor or the use of any drug or controlled substance on such premises; provided, however, that the provisions contained herein relating to alcoholic beverages or liquor shall not apply to premises which are duly licensed by the Idaho state liquor control board. Violation of this subsection shall constitute grounds for the revocation of any licenses granted pursuant to this chapter.
G. Additional Rules And Regulations: The sheriff shall have the power from time to time to adopt, publish and enforce rules and regulations not inconsistent with this chapter or with the general laws of the state of Idaho, for the purpose of carrying out the provisions of this chapter and accomplishing its goals and it is unlawful to violate or fail to comply with any such rule or regulation.
Such rules and regulations as the sheriff shall adopt shall be in full force and effect three (3) working days after a copy of such rules and regulations has been mailed regular postage prepaid to each licensee under section 3-2-2 of this chapter. (Ord. 144, 10-11-1989)