(a) No massage establishment permit shall be issued if the applicant has been convicted within the last ten years of any felony, or any misdemeanor offense involving moral turpitude having a reasonable relationship to the functions of a massage establishment permit holder, or if the application was intentionally falsified.
(b) No massage establishment permit shall be issued if the applicant has been convicted or plead guilty, within the last ten years of any offense committed outside the State of Ohio or the City, which if committed in the State of Ohio or the City would constitute a felony, or any misdemeanor offense involving moral turpitude having a reasonable relationship to the functions of a massage establishment permit holder.
(c) An applicant for a massage establishment permit shall permit officials of the City, and any other federal, state, county, or municipal agency in the performance of any function connected with the enforcement of any code, statute or regulation relating to human health, safety or welfare or structural safety, normally and regularly conducted by such agencies, to inspect the premises of a massage establishment for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.
(d) No massage establishment permit shall be issued unless inspection by officials of the City or, where appropriate, a county or state agency, indicates the site of the establishment complies with each of the following minimum requirements:
(1) A current certificate of occupancy shall be issued in the name of the massage establishment.
(2) A readable sign, in accordance with City codes, shall be posted at the main entrance identifying the establishment as a massage establishment.
(3) Minimum lighting shall be provided in accordance with the City of Middletown code, and in addition, at least one artificial light of not less than 40 watts shall be provided in each room or enclosure where services are performed on patrons which shall be in operation when such services are performed.
(4) Minimum ventilation shall be provided in accordance with the City of Middletown code.
(5) Adequate equipment shall be provided for disinfecting and sterilizing instruments used in administering or practicing any of the subjects or methods of treatment listed in § 832.01(b).
(6) Hot and cold running water, tempered by means of a mixing valve faucet, shall be provided at all times.
(7) Closed cabinets shall be provided, and used, for the storage of clean linens, towels, or similar items.
(8) Posting of services available and fees in a conspicuous place in such a manner that it can easily be seen by persons entering the massage establishment.
(9) Maintain written records. Every massage establishment shall keep a written record of the date and hour of each service provided, the name and address of each patron and the service received, and the name of the massage therapist, massage practitioner, and/or other employee administering the service. These records may not be used for any other purpose than as records of service provided and may not be provided to other parties by the massage establishment unless otherwise required by law. Such records shall be retained on the premises of the massage establishment for a period of two years.
(10) Standard of dress for massage establishments employees. All massage therapists, massage practitioners, and/or other employees shall remain fully clothed in clean outer garment while on the premises of the massage establishment. At minimum, such clothing shall be made of nontransparent material and shall not expose the buttocks, genital area or breasts of any employee at any time.
(11) Adequate dressing and toilet facilities shall be provided for patrons. One dressing room, with door capable of being closed and locked, which may be the same as the massage treatment room. One toilet and one wash basin shall be provided by every massage establishment for every three treatment rooms. A minimum of one shower or tub shall be provided for any establishment offering colon therapy, colonics, or any hydrotherapy services, including whirlpool baths, saunas, steam baths, and herbal wraps. Each dressing room or treatment room shall contain a locker for each patron to be served which shall be capable of being locked.
(12) Any pool or spa shall be inspected and issued a permit in accordance with applicable state and City of Middletown codes.
(13) All walls, ceilings, floors, showers, bathtubs, steam rooms, and all other physical facilities within the establishment must be in good repair and maintained in a clean and sanitary condition, in accordance with City of Middletown codes.
(14) Wet and dry heat rooms, steam or vapor rooms or cabinets, toilets and wash basins shall be thoroughly cleaned each day business is in operation. Shower compartments and bathtubs, where provided, shall be thoroughly cleaned after each use.
(15) Clean and sanitary sheets and towels shall be provided for each patron of the establishment. The head rest of each table shall be provided with a clean and sanitary covering for each patron.
(16) All wash basins within an establishment shall have hot and cold running water, tempered by means of a mixing valve faucet, provide sanitary towels placed in permanent installed dispensers or upon a permanently attached rod dispenser, and provide soap in a soap dispenser that is placed on or near the wash basin. A hand wash basin shall be provided in each treatment room providing colon therapy, colonics, or hydrotherapy services, including whirlpool bath saunas, steam baths and herbal wraps.
(Ord. O2021-36, passed 5-4-2021)