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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 No. 9991, § 1, adopted June 28, 2004, repealed the former Art.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)
(a) It shall be unlawful for any person, association, firm or corporation to conduct or operate a massage establishment without first obtaining and maintaining in effect a massage establishment license as required by this article, except as exempted under sections 7-131(a).
(b) It shall be unlawful for any person, association, firm or corporation to employ as a massage therapist any person who does not hold a current unrevoked and unsuspended massage therapist license issued pursuant to A.R.S. title 32, chapter 42.
It shall be the responsibility of the holder of the massage establishment license to insure that all persons providing massage therapy services on their premises are currently licensed.
(c) It shall be unlawful for any person, association, firm, or corporation licensed as provided in this article to operate under any name or conduct business under any designation not specified in the license.
(d) It shall be unlawful for any person, association, firm, or corporation licensed as provided in this article to remain open for business or provide services any time between the hours of 1:00 a.m. and 6:00 a.m.
(Ord. No. 9991, § 2, 6-28-04)
(a) Any person, association, firm, or corporation desiring to obtain a massage establishment license shall make application to the finance director, who shall refer each such application to the chief of police for appropriate investigation.
(b) The application for establishment license and/or change of establishment location shall be accompanied by a nonrefundable application fee of one hundred dollars ($100.00).
(Ord. No. 9991, § 2, 6-28-04)
An applicant for a massage establishment license shall submit the following:
(1) The full legal name and current residence address of the applicant;
(2) Any other name by which the applicant has been know during the previous five (5) years;
(3) The address at which the applicant desires to do business;
(4) All residence addresses of each applicant, and the dates of residence at each for the last five (5) years;
(5) Personally written letters of character reference from three (3) adults who are not related to and who have known the applicant for three (3) years. The letters must be written within one (1) year of the date of application. The letters shall include addresses and telephone numbers of the references.
(6) Written proof that the applicant is over the age of eighteen (18) years. The following written instruments are the only acceptable types of identification:
a. A valid driver's license issued by any state, provided such license includes a picture of the licensee.
b. A valid identification license issued pursuant to A.R.S. § 28-421.01.
c. A valid armed forces identification card.
d. A valid passport issued by a government which contains a photograph of the person and the date of birth.
(7) The applicant's height, weight, and hair and eye color;
(8) Two (2) passport size portrait photographs, approximately two (2) inches by two (2) inches in size, taken within the previous six (6) months;
(9) The business, occupation or employment history of the applicant during the previous five (5) years;
(10) The business license history of the applicant; whether the applicant, in previously operating in this or another city or state under license, has had such license revoked or suspended, the reason therefore, and the business activity or occupation subsequent to such suspension or revocation;
(11) All felony and misdemeanor convictions, excluding those for civil traffic offenses, and the grounds of such convictions;
(12) Such other identification and information as the police department or the committee of massage examiners may require in order to discover the truth of the matters above required to be set forth in the application.
(Ord. No. 9991, § 2, 6-28-04)
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