(A) Limiting business licenses. It is found and determined that the type of business activity subject to being licensed under this subchapter is particularly subject to abuse which may take a number of forms contrary to the morals, health, safety, and general welfare of the community. Further, it is found that control of these abuses requires intensive efforts of the Police Department as well as other departments of the city. These efforts exceed those required to control and regulate other business activities licensed by the city. This concentrated use of city services tends to detract from and reduce the level of service available to the rest of the community and thereby diminishes the ability of the city to promote the general health, welfare, morals, and safety of the community. Therefore, the number of business licenses which may be in force under this subchapter at any one time shall not exceed seven.
(B) Requiring license and defining businesses operating within city. No person, partnership, corporation, or other organization shall operate a physical culture and health service or club, reducing club or salon, or therapeutic massage studio within the city, either exclusively or in connection with any other operation or enterprise, unless the business is currently licensed under this subchapter.
(C) Certain businesses exempt.
(1) The preceding provisions of this subchapter notwithstanding, no business license shall be required for a business establishment which offers massage as an accessory use if it meets all of the following criteria as evidenced by affidavits and other documents submitted to and in form and substance reasonably acceptable to the City Manager or designee.
(a) The principal activity of the business shall not be performing massage for a fee or other consideration.
(b) The annual gross revenue of the business from performing massage is less than 25% of the total annual gross revenue of the business as shown by financial statements or an affidavit signed by the authorized officer of the business. In lieu of delivery of the aforementioned affidavit, at the direction of the city, the business shall be required to deliver, a certification from a certified public accountant, acceptable to the City Manager or designee, that the annual gross revenue from massage services, for the preceding 12 months, is less than 25% of its total annual gross revenue for the period of time.
(c) The room or rooms where massage is performed shall not have an exclusive entrance from or exit to the exterior of the building in which the principal business is located or to a public concourse or public lobby. Notwithstanding the foregoing, massage may be performed by an individual at the residence of the person receiving the massage.
(d) All fees or other consideration derived from performing massage shall be received by and accounted for by the proprietor of the principal business.
(e) All individuals performing massage in connection with the business shall be employees of the principal business or shall be independent contractors or agents who perform massage pursuant to a written agreement with the owner of the principal business and each individual performing massage in connection with the business shall meet the educational requirements of § 114.032(E).
(2) Any business that requests an exemption from the business license requirement shall submit the required affidavits and documents on an annual basis. The exemption request shall be due on or before March 15 of each year.
(Prior Code, § 111.341) Penalty, see § 114.999