A. A person shall not advertise that such person provides massage therapy services in the City unless, in the case of a natural person, the person is licensed to practice massage therapy by the board, and in the case of a business, such business is a licensed massage establishment. No person shall advertise that massage therapy services are provided at a business located within the City unless the business has been issued a license allowing for massage therapy to be performed at the business location and such permit has not been suspended or revoked.
B. No massage establishment or massage therapist shall place, publish or distribute or cause to be placed, published or distributed any advertisement, picture, or statement which is known or, through the exercise of reasonable care, should be known to be false, deceptive or misleading or which would reasonably suggest to prospective patrons that sexual stimulation or sexual gratification will be provided, in order to induce any person to purchase or utilize any massage services of the massage establishment or massage therapist.
C. All advertising by a massage therapist must include his or her legal name, license number and the name of his or her employer, if applicable. All advertising by a massage establishment must include the business name and license number(s) of the massage establishment.
D. In the event a massage establishment or its manager in charge becomes aware of any advertising that: 1) directs the viewer of the advertisement to the massage establishment, either by name or address; and 2) violates the provisions of this section, the massage establishment or manager in charge shall take reasonable steps to have such advertising removed or taken down, or in the event such advertising is on flyers or handbills, shall cease distributing them. With respect to internet advertising or posting, reasonable efforts shall include, but not be limited to, requesting the host of the website on which the advertising is located, or the person posting the advertisement, to remove or delete the advertisement or post.
E. Two (2) or more violations of this section within a six- month period may subject the massage establishment license to suspension, limitation or revocation pursuant to section 2-6-16 of this chapter and the massage establishment, manager in charge, massage therapist or other party responsible for the advertising, to disciplinary action. (Ord. 542, 8-28-2018, eff. 9-18-2018)