(A) No health club or massage parlor shall operate without first obtaining a permit.
(B) No permit shall be issued for any health club or massage parlor, except to an owner or manager who is either:
(1) A physician in good standing and licensed by the state; or
(2) A registered nurse with at least two years nursing experience, and in good standing with the health agencies and officials of the state.
(C) Permit forms are obtainable and are processed in the office of the County Auditor.
(D) Additional permits are required as followed.
(1) It shall be unlawful for any PERSON, as defined in division (F) below, to own or manage a MASSAGE PARLOR or HEALTH CLUB, as defined in § 113.01, or any masseur or masseuse to give or offer a massage in a health club without a valid, non-suspended permit issued pursuant to this chapter conspicuously posted in the establishment; that is, so that the permit may be readily seen by persons entering the premises in the public room thereof.
(2) It shall be unlawful for any PERSON, as defined in division (F) below, to establish, maintain, or operate a health club in which he or she, or a masseur or masseuse, who does not have a valid, non-suspended permit pursuant to this chapter performs, or offers to perform, or where it is offered to perform, massages.
(E) (1) Any person desiring a permit hereunder shall make application to the County Sheriff on forms provided by him or her. Each permit application shall be accompanied by an application fee of $150, payable to the County Treasurer. Each application shall contain the name, address, Social Security number, telephone number, last previous address, date of birth, height, weight, and current and last previous employment of the applicant. In addition, such application shall include a sworn statement as to whether or not the applicant has been, within the last five years, convicted, pleaded nolo contendere, or suffered a forfeiture on any felony charge, or on a charge of violating any provision included in I.C. 35-30-1-1, 35-30-4-1, 35-30-6-b, 35-30-7-1, or 35-30-7-2, which laws relate to sexual offenses, or on a charge of violating a similar law of any other jurisdiction, or on a charge of violating any provision of this chapter or similar ordinance in any other jurisdiction. The application shall state thereto that:
“It is unlawful for any person to make a false statement on this application, and discovery of a false statement shall constitute grounds for denial or revocation of a permit.” |
(2) Each applicant shall be photographed and his or her fingerprints taken, which fingerprints and photograph shall constitute a part of the application. The permit shall be valid for a period of six months, and it may be renewed for additional six-month periods upon the filing of a new application and payment of the $150 application fee. All provisions of this chapter shall apply to renewals in the same manner as they apply to application for, and granting of, initial permits.
(F) Upon receipt of the application fee, as provided for in division (E)(2) above, the County Sheriff shall make, or cause to be made, a thorough investigation relative to the application. The Sheriff shall deny any application for a permit under this chapter after notice and hearing if the Sheriff finds that the applicant has been, during the previous five years, convicted, pleaded nolo contendere, or suffered a forfeiture on any felony charge, or on a charge of violating any provision included in the foregoing cited sections of the state code contained in division (E)(1) above, which laws relate to sexual offenses, or on a charge of violating any similar law or any other jurisdiction, or on a charge of violating any provision of this chapter or similar ordinance in any other jurisdiction. The making of a false statement on the application, as provided for herein, shall also be grounds for denial of the permit. Notice of the hearing before the County Sheriff of the application shall be given in writing, setting forth the grounds of the proposed denial of a permit and the time and place of the hearing. Such notice shall be mailed by certified mail to the applicant’s last known address at least ten days prior to the date set for the hearing. The Sheriff shall submit his or her decision to the applicant within five days of his or her decision, or within 30 days of his or her receipt of the application, whichever date is the sooner.
(G) The Sheriff shall revoke the permit of any person after notice and hearing if the Sheriff finds that such person has been, within the previous five years, convicted, pleaded nolo contendere, or suffered a forfeiture on any felony charge, or on a charge of violating any provision included in those sections of the state code set forth in division (E)(1) above, which laws relate to sexual offenses, or on a charge of violating a similar law of any other jurisdiction, or on a charge of violating any provision of this chapter or a similar ordinance in any other jurisdiction. The permit shall also be revoked by the Sheriff if he or she finds, after notice and hearing, that any permit holder has made a false statement on the application provided for herein. Notice of the hearing before the Sheriff for revocation of the permit shall be given in writing, setting forth the grounds of the proposed revocation, and the time and place of the hearing. Such notice shall be mailed by certified mail to the permit holder’s last known address at least ten days prior to the date set for the hearing.
(H) It shall also be unlawful for any person to purport to hold a valid permit when he or she does not, or to fail to display, upon request to any police officer, corroborating identifying evidence that he or she is, in fact, the person displaying the permit; or fail to display the permit upon request of a police officer. It shall likewise be an automatic cause for revocation of the permit of any owner or manager of a massage parlor or health club should they have two or more violations of these provisions in his or her establishment within a 12-month period.
(I) A PERSON applying for a permit hereunder shall include a partnership or association, or any partner or member thereof, or if the applicant is a corporation it shall include any officer, director, or manager thereof, or shareholder owing 10% or more of its stock, and shall likewise include members of both sexes.
(J) (1) In the event the Sheriff should deny or revoke any permit hereunder, the applicant shall have an automatic right to appeal such denial or revocation to the Board of Commissioners.
(2) Said Board of Commissioners shall hold a hearing with the same procedural guidelines as set out about for the Sheriff within 30 days of the date of the denial or revocation.
(3) Said Board of Commissioners shall submit their decision to the applicant or permit holder within five days of their decision, or within 30 days of the hearing, whichever date is sooner.
(Ord. 76-1, passed 2-20-1976) Penalty, see § 113.99