(a) A person desiring to operate a massage establishment within the City of Mason shall first make application to the City of Mason upon the forms prescribed by the City therefor. An annual application, due not later than December 31st of each year, and fee payment shall be made at the City of Mason, 6000 Mason-Montgomery Road, Mason, Ohio. Each such application shall include a filing fee of $250.00 which shall be nonrefundable. Each application must be completed in its entirety upon being filed with the City. The completed application shall include the following information:
(1) The proposed location of the massage establishment;
(2) The full name and address of any person applying for the permit, including any partner or limited partner of a partnership applicant, any officer or director of a corporate applicant, and any stockholder holding more than two percent of the stock of a corporate applicant, the date of birth and Social Security number of each individual, and the federal identification number of any business entity;
(3) Written authorization for an investigation into the criminal record of any person applying for a permit, specifically that all persons consent to criminal background checks by original signature on forms supplied by the City of Mason and remit the processing costs therefore; and fingerprinting and three photographs obtained from a law enforcement agency of the City of Mason's choosing of any person applying for a permit;
(4) A printed form, signed by each and every owner of the parcel of real property which is the proposed location of the massage establishment, whereby each such owner certifies that he/she/it understands and acknowledges that a massage establishment will be located on said parcel of real property;
(5) Written application for building and/or zoning occupancy permit for inspection of premises by Building and/or Fire officials to evaluate premises for compliance with state and local laws governing health, safety and welfare, as well as for the facilities specifically required by the Chapter, together with written authorization for an entry upon the premises for purposes of such investigation, specifically that all persons consent to right of entry by original signature on forms supplied by the City of Mason and remit the processing costs therefore;
(6) The full name, residence address, date of birth, and Social Security number of each proposed worker, masseur and masseuse to be employed, hired or used by the applicant of the massage establishment;
(7) The applicant shall additionally file with the City of Mason within ten working days after the occurrence, any change in the employees, masseurs and/or masseuses employed, hired or used by the applicant at the massage establishment.
(b) Upon the filing of the application called for by this section, a representative of the City shall provide to the applicant a copy of this chapter and all the necessary information and forms concerning massage establishments and shall obtain a signed acknowledgment from the applicant acknowledging receipt thereof.
(c) Upon the filing of the application called for by this section, the City of Mason shall have an investigation conducted into the information contained on the application and shall request the appropriate City of Mason departments/divisions to conduct an inspection of the proposed massage establishment in order to insure that it complies with the requirements of this chapter. The inspection shall take place during regular business hours. The Safety Director shall request a health and safety report of an inspection of the premises in question performed not later than ten (10) days after the City's receipt of the application packet is required. This inspection will involve applicable health, safety, building and fire prevention codes, and will be conducted by the appropriate state or local authorities. These authorities shall certify whether the proposed massage establishment complies with all the requirements of this chapter and specifically address the following requirement:
(1) Construction of rooms used for toilets, tubs, steam baths and showers shall be made waterproof with approved waterproof materials and shall be installed in accordance with the building codes of the City of Mason;
(2) All massage tables, bathtubs, shower stalls and steam or bath areas and floors shall have surfaces which may be readily disinfected;
(3) Adequate bathing, dressing and locker facilities shall be provided for the number of patrons to be served at any given time. In the event male and female patrons are to be served simultaneously, separate bathing, dressing, locker and massage room facilities shall be provided;
(4) The premises at all times shall have adequate equipment for disinfection and sterilizing non-disposable instruments and materials used in the administering of a massage. Such non-disposable instruments and materials shall be disinfected after use on each patron;
(5) Closed cabinets shall be provided and used at all times for the storage of linen, towels and other materials used in connection with administering massages. All soiled linens, towels and other materials shall be kept in properly covered containers or cabinets, which containers or cabinets shall be kept separate from the clean storage area;
(6) Toilet facilities shall be provided in convenient locations. When employees and patrons of different sexes are on the premises at the same time, separate toilet facilities shall be provided for each sex;
(7) Lavatories or wash basins provided with both hot and cold running water at all times shall be installed in either the toilet room or a vestibule immediately adjacent thereto. Lavatories or wash basins shall be provided with soap and a dispenser and with single-use sanitary towels at all times;
(8) The premises shall be equipped with a service sink for custodial services at all times;
(9) The premises shall meet the requirements of all applicable building codes, safety codes, health codes and fire prevention codes;
(10) Price rates for all services shall be displayed at all times in a conspicuous place open to the public within the massage establishment.
(11) No massage establishment shall be located within one thousand (1,000) feet of any church, school or public playground. For the purpose of this subsection (f), the word “school” means any school operated by a board of education, any community school established under Chapter 3314 of the Ohio Revised Code, or any nonpublic school for which the State Board of Education prescribes minimum standards under Section 3301.07 of the Ohio Revised Code.
(12) A massage establishment license shall not be granted for a location which is within 2 miles of any other licensed location. At no time shall there be more than two (2) permits to operate a massage establishment issued and in force and effect in the City of Mason.
(d) An initial permit issued under this section shall expire on December 31st of the year in which it was issued, except that no massage establishment shall be required to discontinue business because of the failure of the City to act on a renewal application filed in a timely manner and pending before the City on the expiration date of said initial permit. Each initial permit shall contain the name of the applicant, the address of the massage establishment, and the expiration date of the permit.
(e) An initial massage establishment permit may be renewed on an annual basis. In order to do so, the applicant shall first file a renewal application with the City of Mason upon the forms prescribed by the City therefor. Application and fee payment shall be made at the City of Mason, 6000 Mason-Montgomery Road, Mason, Ohio. Each renewal application shall include an annual renewal filing fee of two hundred fifty dollars ($250.00) which shall be non-refundable. Each renewal application must be completed in its entirety upon being filed with the City of Mason. Each renewal application shall be made to the City of Mason at least thirty days prior to the expiration of the permit sought to be renewed.
(Ord. 2016-67, passed 6-13-2016)