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The application for a masseur or masseuse permit shall contain the following information:
(a) The name and residence address of the applicant;
(b) The social security number and driver's license number, if any, of the applicant;
(c) The applicant's weight, height and color of hair and eyes;
(d) Written evidence that the applicant is at least 18 years of age;
(e) The business, occupation or employment of the applicant for the three years preceding the date of application;
(f) Whether the applicant has been convicted of, pleaded nolo contendere to, or suffered a forfeiture on a bond involving a charge of committing any crime, except minor traffic violations, within the last five years. If the answer is in the affirmative, a statement must be made giving the place and the court in which such conviction, plea or forfeiture was had, the specific charge, under which the conviction, plea or forfeiture was obtained, and the sentence imposed as a result thereof.
(g) The Chief of Police, or his delegate, shall have the right to take fingerprints and photograph of the applicant and the right to confirm the information submitted.
(h) All persons who desire to perform the services of masseur or masseuse at massage establishment shall first undergo a physical examination for contagious and communicable diseases, which shall include a recognized blood test for syphilis, a culture for gonorrhea, a test or tests which will demonstrate freedom from tuberculosis, which is to be made and interpreted by an Ohio licensed physician in good standing, any laboratory test as may be necessitated by the above examination, and shall furnish to the Building Commissioner a certificate based upon the applicant's physical examination and issued within thirty days of such examination, signed by a physician duly licensed by the State of Ohio and stating that the person examined is either free from any contagious or communicable disease or incapable of communicating any of such diseases to others. Such persons shall undergo the physical examination referred to above at his or her own expense and submit to the Building Commissioner the certificate required herein prior to commencement of their employment and at least once every six months thereafter. Failure to comply with any of these terms shall be grounds for denial and or revocation of the issuance of the Masseur or Masseuse permit.
(Ord. 99-101. Passed 6-15-99.)
(a) The Building Commissioner may issue a masseur or masseuse permit within 21 days following application unless he finds that the applicant for the permit has been convicted within the last five years of a felony; an offense involving sexual misconduct with children; solicitation of a lewd or unlawful act; prostitution; pandering; or any crime involving dishonesty, fraud or deceit.
(b) Every masseur or masseuse permit issued pursuant to this chapter shall terminate at the expiration of one year from the date of issuance, unless sooner suspended.
(c) If the application is denied, the applicant shall have the right to appeal to the Board of Zoning Appeals. The applicant shall within ten days after notification of denial file notice in writing with the Building Commissioner of applicant's intention to appeal to the Board. The Board, after public hearing, may sustain, disapprove or modify such order.
(Ord. 99-101. Passed 6-15-99.)
(a) A masseur or masseuse permit issued by the Building Commissioner shall be revoked or suspended where it appears that the masseur or masseuse has been convicted of any offense which would be cause for denial of a permit upon an original application; has made a false statement on an application for a permit; or has committed an act in violation of this chapter.
(b) The Building Commissioner, in revoking or suspending a masseur or masseuse permit, shall give the permit holder a written notice specifying the grounds therefor. Such person may, within ten days of such revocation or suspension, file a written request with the Building Commissioner for a public hearing before the Board of Zoning Appeals. The Board, at said hearing, may sustain, disapprove or modify such order.
(Ord. 99-101. Passed 6-15-99.)
(a) No massage establishment shall be issued a permit, not be operated, established or maintained in the city unless an inspection by the Building Commissioner, Building Inspector and Fire Inspector reveals that the establishment complies with each of the following minimum requirements:
(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 Code.
(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 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 shall have adequate equipment for disinfecting and sterilizing non-disposable instruments and materials used in administering massages. Such non-disposable instruments and materials shall be disinfected after use on each patron.
(5) Closed cabinets shall be provided and used for the storage of clean linens, 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 areas.
(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. A single water closet per sex shall be provided for each 20 or more employees or patrons of that sex on the premises at any one time. Urinals may be substituted for water closets after one water closet has been provided. Toilets shall be designated as to the sex accommodated therein.
(7) Lavatories or washbasins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule immediately adjacent thereto. Lavatories or washbasins shall be provided with soap and a dispenser and with sanitary towels.
(8) The premises shall be equipped with a service sink for custodial services.
(9) The premises shall meet the requirements of the building code and fire prevention regulations.
(b) The Health Commissioner, the Building Inspector and the Fire Inspector shall certify that the proposed massage establishment complies with all the requirements of this section and shall send such certification to the Building Commissioner.
(Ord. 99-101. Passed 6-15-99.)
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