CHAPTER 115: MASSAGE PARLORS AND BUSINESSES
Section
General Provisions
   115.01   Definitions
   115.02   Exceptions
Permits
   115.15   Permit required
   115.16   Application for massage business permit
   115.17   Application for massage therapist permit
   115.18   Approval by Police Chief
   115.19   Issuance of permits
   115.20   Permit fees
   115.21   Display of permits
   115.22   Suspension or revocation; appeals
   115.23   Keeping of records
   115.24   Transfers prohibited
   115.25   State licensure required
Standards of Operation
   115.35   Sanitation and health requirements
   115.36   Premises to be supervised
   115.37   Persons under age 18 prohibited on premises
   115.38   Alcoholic beverages prohibited
   115.39   Residential use prohibited
   115.40   Hours when operation prohibited
Licensing and Registration
   115.50   Massage therapy registration act to apply
   115.51   Massage therapy licensing program rules to apply
 
   115.99   Penalty
GENERAL PROVISIONS
§ 115.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   EMPLOYEE. Any person over 18 years of age, other than a massage therapist, who renders any service in connection with the operation of a massage business and receives compensation from the operator of the business or patrons.
   MASSAGE. Touching, stroking, kneading, stretching, friction, percussion, and vibration, and includes holding, positioning, causing movement of the soft tissues and applying manual touch and pressure to the body (excluding an osseous tissue manipulation or adjustment).
   MASSAGE ESTABLISHMENT. A place of business that advertises or offers massage therapy or other massage services. The term includes a place of business that advertises or offers any service described by a derivation of the terms massage therapy or other massage services. The services are offered as one of the businesses primary services by a person who is registered as a massage therapist under the State of Texas' Massage Therapy Registration Act.
   MASSAGE PARLOR. Any business in which massages are offered by a person who is not registered as a massage therapist under the State of Texas' Massage Therapy Registration Act or who provides massages by touching specified anatomical areas or engaging in specified sexual activities. Massage parlors are subject to the city sexually oriented businesses ordinance and regulations, laid out in Chapter 112 of the city code. Sexually oriented business has the meaning assigned by Tex. Loc. Gov’t Code, 243.002, unless another meaning applies under local law.
   MASSAGE THERAPIST. A person who is registered under the State of Texas Massage Therapy Registration Act and as defined in this chapter.
   MASSAGE THERAPY. The profession in which a registered massage therapist applies massage techniques in accordance with the standards of the State of Texas' Massage Therapy Registration Act, Tex. Occupations Code, Ch. 455, as amended.
   MASSAGE THERAPY LICENSING PROGRAM RULES. Tex. Admin. Code, Title 25, Ch. 140, Subchapter H, as amended.
   PATRON. Any person over 18 years of age who receives a massage under such circumstances that are reasonably expected that he or she will pay money or give any other consideration therefor.
(Ord. 13-1095, passed 12-19-2013)
§ 115.02 EXCEPTIONS.
   The provisions of this chapter shall not apply to hospitals, nursing homes, or persons holding an unrevoked certificate to practice the healing arts under the laws of the state, or persons working under the direction of any such persons or in any such establishment, nor shall this chapter apply to barbers, cosmetologists, physical therapists, assistant physical therapists or athletic trainers, lawfully carrying out their particular profession or business and holding a valid, unrevoked license or certificate or registration issued by the state.
(Ord. 13-1095, passed 12-19-2013)
PERMITS
§ 115.15 PERMIT REQUIRED.
   (A)   Business permit required. No persons shall engage in or carry out the business of massage unless he or she has a valid massage business permit issued by the city pursuant to the provisions of this chapter for each and every separate office or place of business conducted by such person.
   (B)   Massage therapist permit required. No person shall practice massage as a massage therapist, employee or otherwise, unless he or she has a valid and subsisting massage therapist permit issued to him or her by the city pursuant to the provisions of this chapter.
(Ord. 13-1095, passed 12-19-2013)
§ 115.16 APPLICATION FOR MASSAGE BUSINESS PERMIT.
   Any person desiring a massage business permit shall file a written application with the Police Chief on a form to be furnished by the City Secretary. The applicant shall accompany the application with a tender of the correct permit fee as hereinafter provided and shall in addition, furnish the following:
   (A)   The type of ownership of the business, for example, whether individual, partnership, corporation, limited liability company or otherwise;
   (B)   The name, style and designation under which the business or practice is to be conducted;
   (C)   The business address and all telephone numbers where the business is to be conducted;
   (D)   A complete list of the names and residence addresses of all massage therapists and employees in the business and the name and residence addresses of the manager or other person principally in charge of the operation of the business;
   (E)   The following personal information concerning the applicant if an individual, and concerning each stockholder holding more than 10% of the stock of the corporation, each officer and each director, if the applicant is a corporation, and concerning the partners, including limited partners, if the applicant is a partnership, and concerning the managers or directors, if the applicant is a limited liability company, and the holder of any lien, of any nature, upon the business and/or the equipment used therein, and concerning the manager or other person principally in charge of the operation of the business:
      (1)   Name, complete residence and residence telephone numbers.
      (2)   The two previous addresses immediately prior to the present address of the applicant.
      (3)   Written proof of age.
      (4)   Height, weight, color of hair and eyes, and sex.
      (5)   Two front face-portrait photographs taken within 30 days of the date of the application and at least two inches by two inches in size.
      (6)   The massage or similar business history and experience ten years prior to the date of application, including but not limited to whether or not such person in previously operating in this or another city, county or state under license or permit has had such license or permit denied, revoked, or suspended and the reason therefor, and the business activities or occupations subsequent to such action of denial, suspension or revocation.
      (7)   All criminal arrests other than misdemeanor traffic violations, fully disclosing the jurisdiction in which arrested and the offense for which arrested and the disposition thereof.
      (8)   A complete set of fingerprints taken and to be retained on file by the Police Chief or his or her authorized representative.
   (F)   Such other information, identification and physical examination of the person as shall be deemed necessary by the City Secretary and/or Police Chief to discover the truth of the matters hereinbefore required to be set forth in the application;
   (G)   Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit; and
   (H)   Written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being duly dated and signed in the city.
(Ord. 13-1095, passed 12-19-2013)
§ 115.17 APPLICATION FOR MASSAGE THERAPIST PERMIT.
   Any person desiring a massage therapist's permit shall file a written application with the Police Chief on a form to be furnished by the City Secretary. The applicant shall enter with the application the correct permit fee as hereafter provided and shall, in addition, furnish the following;
   (A)   The business address and all telephone numbers where the massage is to be practiced.
   (B)   The following personal information concerning the applicant:
      (1)   Name, complete residence address and residence telephone numbers.
      (2)   The two previous addresses immediately prior to the present address of the applicant.
      (3)   Written proof of age.
      (4)   Height, weight, color of hair and eyes and sex.
      (5)   Two front face-portrait photographs taken within 30 days of the date of application and at least two inches by two inches in size.
      (6)   The massage or similar business history and experience ten years prior to the date of application, including but not limited to whether or not such person is previously operating in this or another city, county or state under license or permit has had such license or permit denied, revoked or suspended and the reason therefor, and the business activities or occupations subsequent to such action of denial, suspension or revocation.
      (7)   All criminal arrests other than misdemeanor traffic violations, fully disclosing the jurisdiction in which arrested, and the offense for which arrested and the disposition thereof
      (8)   A complete set of fingerprints taken and to be retained on file by the Police Chief or his or her authorized representatives.
      (9)   A current valid health card issued by the city or its designate.
   (C)   Such other information, identification and physical examination of the person deemed necessary by the City Secretary and/or Police Chief in order to discover the truth of the matters hereinbefore required to be set forth in the application.
   (D)   Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit.
   (E)   Written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is due and correct, said declaration being duly dated and signed in the city.
(Ord. 13-1095, passed 12-19-2013)
§ 115.18 APPROVAL BY POLICE CHIEF.
   (A)   Upon receiving the application for a massage business or massage therapist permit, the Police Chief shall conduct an investigation in the applicant's moral character and personal and criminal history. The Police Chief may, in his or her discretion, require a personal interview of the applicant, and such further information, identification and physical examination of the person as shall bear on the investigation.
   (B)   In the case of applications for massage business permits, the Police Chief or City Health Inspector shall cause to be conducted an investigation of the premises where the massage business is to be carried on, for the purposes of assuring that such premises comply with all the sanitation requirements as set forth in this chapter and with the regulations of public health, safety and welfare.
   (C)   Before any permit shall be issued under this chapter, the Police Chief shall first sign his approval of the application.
(Ord. 13-1095, passed 12-19-2013)
§ 115.19 ISSUANCE OF PERMITS.
   (A)   The Police Chief shall issue a massage business permit within 30 days of receipt of the application unless he or she finds that:
      (1)   The correct permit fee has not been tendered to the city, and, in the case of a check or bank draft, honored with payment upon presentation;
      (2)   The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to, the city's building and health regulations;
      (3)   The applicant, if an individual, or any of the stockholders holding more than 10% of the stock of the corporation, any of the officers and director, if the applicant is a corporation, or any of the partners, including, limited partners, if the applicant is a partnership, or any manager or director if the applicant is a limited liability company, or the holder of any lien, of any nature, upon the business and/or the equipment used therein, and the manager or other person principally in charge of the operation of the business, have been convicted of any felony or misdemeanor involving moral turpitude unless such conviction occurred at least five years prior to the date of the application;
      (4)   The applicant has knowingly made any false, misleading or fraudulent statement of fact in the permit application or in any document required by the city in conjunction therewith;
      (5)   The applicant has had a massage business, massage therapist or other similar permit or license denied, revoked or suspended by this or any other city, county, state or local agency prior to the date of the application; and
      (6)   The applicant, if an individual, or any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; or any of the managers or directors if the applicant is a limited liability company; and the manager or other person principally in charge of the operation of the business, is not over the age of 18 years.
   (B)   Issuance of massage therapist permit. The Police Chief shall issue a massage therapist permit within 15 days of receipt of the application unless he or she finds that:
      (1)   The correct permit fee has not been tendered to the city, and, in the case of a check or bank draft, honored with payment upon presentation.
      (2)   The applicant has been convicted of a crime involving moral turpitude, unless such conviction occurred at least five years prior to the date of the application;
      (3)   The applicant has knowingly made any false, misleading or fraudulent statement of fact in the permit application or in any document require by the city in conjunction therewith;
      (4)   The applicant has had a massage business, massage therapist or other similar permit or license denied, or suspended by the city or any other state or local agency within five years prior to the date of application; and
      (5)   The applicant is not over the age of 18 years.
(Ord. 13-1095, passed 12-19-2013)
§ 115.20 PERMIT FEES.
   (A)   The permit fee for a massage business shall be $150 per year. The permit fee for a massage therapist shall be $50 per year. Both such permits shall expire one year from the date of issue.
   (B)   Should any massage business have more than one location where the business of massage is pursued then a permit, stating both the address of the principal place of business and of the other locations, shall be issued by the Chief of Police upon the tender of a permit fee of $150. Permits issued for other locations shall terminate on the same date as that of the principal place of business, regardless of the date of issuance.
   (C)   No portion of any fee collected under this chapter shall be returned after a permit has been issued.
(Ord. 13-1095, passed 12-19-2013)
§ 115.21 DISPLAY OF PERMITS.
   The massage business permittee shall display his or her permit, and that of each and every massage therapist employed in the establishment, in an open and conspicuous place on the premises of the massage business.
(Ord. 13-1095, passed 12-19-2013)
§ 115.22 SUSPENSION OR REVOCATION; APPEALS.
   (A)   Any massage business or massage therapist permit issued under this chapter shall be subject to suspension for a period not to exceed 30 days for an initial violation of § 114.23, §§ 114.35 et seq., and §§ 114.51 et seq. Upon a second conviction under the provisions of the above sections or for violation of any other provision of this chapter, or upon any grounds that would warrant the denial of issuance of such permit in the first place, any massage business or massage therapist permit shall be subject to suspension of not less than 30 days or revocation by the Police Chief.
   (B)   Notice of such suspension or revocation shall be given to the massage business or massage therapist permit holder in writing, with the reasons for such suspension or revocation specified in such notice, served either by person service of such notice upon the permit holder, or in the case of a massage business, by posting such notice upon the establishment. The suspension or revocation shall become effective the day following personal service or posting of the notice of suspension or revocation.
   (C)   The permittee shall have ten days from the date of such suspension in which to file notice with the City Secretary of his or her appeal to the City Council from the order of the Police Chief. The City Secretary shall provide for a Council hearing on such appeal at the earliest convenient regular Council meeting and shall notify the appellant and the Police Chief of the date of such Council hearing. After holding hearing on such suspension or revocation, the Council shall by majority vote either sustain the actions of the Police Chief or issue an order to the Police Chief to reinstate the permit
   (D)   In the event of the filing of an appeal from a suspension or revocation issued under the provision of this chapter, then, until such appeal has been determined by the City Council, such suspension order shall be stayed.
   (E)   If the City Council sustains a suspension, then the suspension shall be immediately reinstated and its terms shall run from the date of such City Council action. Appellant shall, however, be given credit for the number of days, if any, that the establishment was closed because of the suspension, but prior to appeal.
(Ord. 13-1095, passed 12-19-2013)
§ 115.23 KEEPING OF RECORDS.
   (A)   Every person who operates a massage business or practices or provides a massage shall at all times keep an accurate appointment books in which the name, age and current address of each and every patron shall be entered, together with the time, date and place of service, and the service provided.
   (B)   Every patron shall furnish proof of identity by showing a valid driver license, voter registration certificate or similar identification, upon the request of one who operates a massage business or provides a massage when such request if for the purpose of maintaining the accuracy of that person's appointment book.
   (C)   Such appointment book shall be available at all times for inspection by the Police Chief or his or her authorized representatives. The appointment book shall be kept throughout the perimeter and shall be turned into the Chief of Police or his or her authorized representative upon application for renewal of a permit under the provisions of this chapter. Such appointment book shall be returned to the massage business operator upon the issuance or denial or a new permit.
(Ord. 13-1095, passed 12-19-2013)
§ 115.24 TRANSFERS PROHIBITED.
   No massage business and massage therapist permits are transferable, separate or divisible, and such authority as a permit confers shall be conferred only on the permittee named therein.
(Ord. 13-1095, passed 12-19-2013)
§ 115.25 STATE LICENSURE REQUIRED.
   No massage therapist permit shall be issued by the Chief of Police to any individual who has not been licensed by the State of Texas. A photocopy of the applicant's license shall be submitted to the Chief of Police together with the information required by § 115.17.
(Ord. 13-1095, passed 12-19-2013)
STANDARDS OF OPERATION
§ 115.35 SANITATION AND HEALTH REQUIREMENTS.
   (A)   All premises used by permits hereunder shall be periodically inspected by the Police Chief, City Health Inspector or City Building Inspector, or their authorized representative for safety of structure and adequacy or plumbing, ventilation, heating and illumination. Floors shall be free from any accumulation of dust, dirt or refuse. Well marked toilets and hand washing facilities for permittee, employees and patrons shall be provided. All walls, ceilings, windows and doors shall be free of dust, dirt, refuse or mold. In high humidity areas, including toilet rooms, shower rooms, stream rooms, locker rooms and other such rooms, the walls, ceiling and floors shall be constructed or covered with a material that is smooth, non-absorbent, and easily cleaned.
   (B)   Towels, cloths and sheets shall not be used for more than one patron. Heavy white paper may be substituted for sheets, provided that such paper is changed for every patron. Soiled linens and towels shall be stored in a clearly marked covered receptacle and shall not be reused prior to laundering. Any individual performing any duties at a massage business that may bring them into contact with patrons of the business or with the towels, cloths, sheets or paper, if such is substituted for cloth, shall have a current valid health card issued by the city or its designate on his or her person at all times during business hours. No animals shall be permitted within a massage business at any time.
   (C)   All equipment used for the treatment of patrons shall be kept in a clean and sanitary condition, and said equipment shall be kept in a good and safe state of repair at all times.
   (D)   Massage therapists shall be appropriately clothed while engaged in the treatment of a patron. Said clothing shall be kept clean at all times, and soiled clothing shall not be worn during the treatment of a patron.
   (E)   No massage service or practice shall be carried on within any cubicle, room, booth or any area within a massage establishment which is fitted with a door capable of being locked. All doors or doorway coverings within a massage establishment, shall have an unobstructed opening six inches by six inches in size capable of clear two-way viewing into and out of all cubicles, rooms or booths. Said opening shall be not less than four and one-half feet from the floor of the establishment or more than five and one-half feet from the floor. Toilets and cubicles used solely for the application of liquid and vapor baths shall have no such opening in the covering door or curtain, but shall be clearly marked as to purpose on the exterior door or curtain of said cubicle, room or booth. Nothing contained herein shall be construed to eliminate other requirements of statute or ordinance concerning the maintenance of premises, or to preclude authorized inspection thereof, whenever such inspection is deemed necessary by the Police Department, City Health Inspector, City Building Official, and City Fire Official or their authorized representative.
(Ord. 13-1095, passed 12-19-2013)
§ 115.36 PREMISES TO BE SUPERVISED.
   A permittee shall have the premises supervised at all times when open for business. Any business rendering massage services shall have one person who qualifies as a massage therapist on the premises at all times while the establishment is open. The permittee shall personally supervise the business, and shall not violate, or permit others to violate, any applicable provision of this chapter. The violation of any such provision by any agent or employee of the permittee shall constitute a violation by the permittee.
(Ord. 13-1095, passed 12-19-2013)
§ 115.37 PERSONS UNDER AGE 18 PROHIBITED ON PREMISES.
   No person shall permit any person under the age of 18 years to come or remain on the premises of any massage business establishment, as massage therapist, employee or patron, unless such person is on the premises on lawful business.
(Ord. 13-1095, passed 12-19-2013)
§ 115.38 ALCOHOLIC BEVERAGES PROHIBITED.
   No person shall sell, give, dispense, provide or keep or cause to be sold, given, dispensing provided or kept, any alcoholic beverage on the premises of any massage business.
(Ord. 13-1095, passed 12-19-2013)
§ 115.39 RESIDENTIAL USE PROHIBITED.
   No person shall reside or remain overnight on the premises of any massage business. Massage businesses operated out of a primary residence are exempt from this requirement so long as the part of the residence used for massage therapy is not used for any other purpose than massage therapy.
(Ord. 13-1095, passed 12-19-2013)
§ 115.40 HOURS WHEN OPERATION PROHIBITED.
   No massage business shall be kept open for any purpose between the hours of 10:00 p.m. and 7:00 a.m.
(Ord. 13-1095, passed 12-19-2013)
LICENSING AND REGISTRATION
§ 115.50 MASSAGE THERAPY REGISTRATION ACT TO APPLY.
   The provisions of the State of Texas' Massage Therapy Registration Act, Tex. Occupations Code, Ch. 455, as amended, shall apply at all times to any business or individual regulated under this chapter.
(Ord. 13-1095, passed 12-19-2013)
§ 115.51 MASSAGE THERAPY LICENSING PROGRAM RULES TO APPLY.
   The provisions of the Massage Therapy Licensing Program Rules, Tex. Admin. Code, Title 25, Ch. 140, Subchapter H, as amended, shall apply at all times to any business or individual regulated under this chapter.
(Ord. 13-1095, passed 12-19-2013)
§ 115.99 PENALTY.
   Any person who shall violate any provision of this chapter shall be deemed to be guilty of a misdemeanor and shall, upon conviction, be punished by a fine not exceeding $2,000.
(Ord. 13-1095, passed 12-19-2013)