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(a) Before revoking a license, the director of finance shall given written notice to the licensee, in the manner provided in this article, that a revocation hearing will be held at a place and time specified in the notice, which hearing shall not be sooner than ten (10) days from the date of the notice. The notice shall state the grounds relied upon for the proposed revocation. The director of finance shall hold the hearing at the time and place specified, unless agreed otherwise by the licensee and other parties concerned, and the licensee shall be allowed to appear in person and by counsel and offer evidence. A record shall be a kept of all proceedings, including proofs offered and a transcript of testimony. No license shall be revoked unless grounds therefor are satisfactorily established by the evidence as shown by the record of the hearing. The director of finance shall give the licensee and other parties written notice of his decision, and such decision shall be final. Revocation of a license shall be effected by the finance director's signing of the written notice of his decision. A licensee's right to do business under authority of the license shall terminate immediately upon the mailing to the licensee of a copy of the director's signed decision revoking the license.
(b) Notices required by this article may be served by certified mail addressed to the licensee at the address of the licensee as shown on the business license or by personal service.
(Ord. No. 4782, § 1, 4-3-78)
Wherever in this article any act is prohibited or declared to be unlawful, or the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of any such provision of this article is a misdemeanor punishable by a fine of not more than three hundred dollars ($300.00) or imprisonment for not more than six (6) months, or by both such fine and imprisonment. Each day such violation continues shall constitute a separate offense. Revocation of a license shall not be a defense against prosecution.
(Ord. No. 4782, § 1, 4-3-78)
ARTICLE VII.
MASSAGE ESTABLISHMENTS*
MASSAGE ESTABLISHMENTS*
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* Editors Note: Ord. No. 9991, § 1, adopted June 28, 2004, repealed the former Art. VII., §§ 7-130--7-151, and § 2 enacted a new Art. VII as set out herein. The former Art. VII pertained to massage therapists and establishments and derived from Ord. No. 3779, § 1, 1-17-72; Ord. No. 4597, §§ 1, 2, 12-6-76; Ord. No. 6059, §§ 1--9, 8-6-84; Ord. No. 7050, § 2, 9-26-88; Ord. No. 7262, § 1, 8-7-89; Ord. No. 8130, § 2, 10-4-93; Ord. No. 8410, § 2, 4-10-95; Ord. No. 8590, §§ 1--3, 10-23-95; Ord. No. 8962, § 1, 10-6-97; Ord. No. 9925, § 1, 1-5-04.
Editors Note: It should be noted that § 3 of Ord. No. 9991 states that the provisions of this article shall become effective July 1, 2004.
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It is intended that these provisions shall regulate massage establishments, as that term is defined in this article, that they may serve the health and therapeutic massage needs of the residents of this community. It is further intended that those massage establishments be so regulated so as to provide their services in compliance with standards of safety, hygiene, and professional ethics, to the end that the health and welfare of this community may be maintained.
Hospital service corporations and Medical service corporations certified pursuant to Chapter 4, Article 3 of Title 20 of the Arizona revised statutes (A.R.S. § 20-821 et seq.) shall be exempt from the provisions of this article.
(Ord. No. 9991, § 2, 6-28-04; Ord. No. 10251, § 1, 2-28-06)
The following words and phrases, wherever used in this article, shall be construed as defined in this section, unless from the context a different meaning is intended:
(a) Massage therapy means a health care service involving the external manipulation or pressure of soft tissue (muscles, tendons, ligaments), the main characteristic being to create physiological changes in those tissues. Massage therapy includes, but is not limited to, effleurage, petrissage, tapotement, tapping, compression, applications of direct pressure, vibration, friction, nerve strokes, stretches, range of motion or movements by manual or by any electrical, mechanical or vibratory apparatus, and the external applications of heat and cold. Massage therapy does not include the lawful practice of any of the healing arts to the extent authorized by a state-issued license; or the practice of an occupation licensed pursuant to chapter 19, article I of this Code, except massage therapy as defined in this article. Massage therapy does not, as its primary characteristic, attempt to alter or change energy fields or the life forces (as perceived in traditional Chinese, Asian, or Ayervedic medicines) of the human body, including, but not limited to, shiatsu, reflexology, reiki, polarity, and other similar modalities.
(b) Massage therapist means a person who is required to be licensed as a massage therapist by the State of Arizona.
(c) Massage establishment means a place of business wherein any of the methods listed in subsection (a) are administered or practiced and/or from which is dispatched a person for administering or practicing massage therapy. A massage establishment must comply with city established building and safety codes, fire codes, and health codes. Massage establishments may be located in either business or residential zones, and must comply with all requirements listed in section 7-137, Massage establishment license; inspections. However, a physical location that serves only as a dispatching location and at which massage therapy is never administered or practiced is exempted from section 7-137. This physical location must be licensed as a massage establishment and must comply with all building safety, health, and fire codes.
(d) Moral turpitude means acts that adversely affect one's honesty, integrity, or personal values, and may be defined as an act of baseness, vileness, or depravity in the professional duties owed to the community.
(Ord. No. 9991, § 2, 6-28-04)
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