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(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)
(a) Any applicant for a license pursuant to these provisions shall personally appear at the city business license office and shall present a complete application containing all the information required by section 7-135.
(b) The police department shall investigate the application and the background of the applicant. Based on such investigation, the police department shall recommend to the finance director approval or denial of a license within forty-five (45) days of receiving a completed application. In addition, the city building inspector shall inspect any premises proposed as the site of a massage establishment, and shall make separate reports to the finance director concerning compliance with the provisions of section 7-137 within forty-five (45) days of receiving a completed application.
(Ord. No. 9991, § 2, 6-28-04)
No massage establishment license shall be issued, unless inspection by the city building inspector and the county health department indicates the site of the establishment complies with each of the following minimum requirements:
(1) A readable sign shall be permanently attached and posted at the main entrance identifying the establishment as a massage establishment. The sign shall not be smaller than three (3) inches by five (5) inches and be of a durable material.
(2) Minimum lighting shall be provided in accordance with the Uniform Building Code, and in addition, at least one (1) artificial light of not less than forty (40) watts shall be provided in each room or enclosure where massage therapy is performed on patrons which shall be in operation whenever massage therapy is performed.
(3) Minimum ventilation shall be provided in accordance with the Uniform Building Code. Rooms must have a window that opens and/or a supply and return register.
(4) Adequate equipment shall be provided for disinfecting instruments used in administering or practicing any of the subjects or methods of treatment listed in section 7-131(a).
(5) Hot and cold running water, tempered by means of a mixing valve faucet, shall be provided at all times.
(6) Closed cabinets shall be provided, and used, for the storage of clean linens.
(7) Adequate dressing and toilet facilities shall be provided for patrons. The bathroom must be within the confines of the establishment. One (1) dressing room (may be the same as the massage treatment room), one (1) toilet and one (1) wash basin shall be provided by every massage establishment with one (1) to three (3) treatment rooms. Another toilet and wash basin must be provided when there are four (4) or more treatment rooms in an establishment. A minimum of one (1) shower or tub shall be provided for any establishment offering any hydrotherapy services such as whirlpool baths, saunas, steam baths, herbal wraps, etc. Each dressing room/treatment room shall contain a locker, lock box or cabinet for each patron to be served which shall be capable of being locked.
(8) Any pool or spa shall be permitted and inspected by the county health department.
(9) All walls, ceilings, floors, showers, bathtubs, steam rooms and all other physical facilities within the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or cabinets, toilets and wash basins shall be thoroughly cleaned each day business is in operation. Shower compartments and bathtubs, where provided, shall be thoroughly cleaned after each use.
(10) Clean and sanitary sheets and towels shall be provided for each patron of the establishment. The head rest or face cradle of each table shall be provided with a clean and sanitary covering for each patron.
(11) All wash basins within an establishment shall have hot and cold running water, tempered by means of a mixing valve faucet; provide sanitary towels placed in permanently installed dispensers or upon a permanently attached roll dispenser; and provide a soap dispenser that is placed on or near the wash basin. A hand wash basin shall be provided in each treatment room providing hydrotherapy services.
(12) In the event that a massage establishment is located in a residence, the following requirements must be met:
a. A separate room that is not used as a living space must be provided.
b. Only one (1) massage treatment room within a residence is permitted.
c. Toilet and wash basin facilities shall be located on the same floor as the massage treatment room and shall be easily accessible to the massage treatment room; no nonresidential plumbing fixtures shall be installed to accommodate this use.
d. Adequate parking shall be available (space for no less than two (2) cars).
e. Full-service hydrotherapy facilities (whirlpool, steam, sauna, etc.), for public use, shall be prohibited.
f. A massage establishment shall be accessible by a separate, outside door (not through the residence). If installation of an outside entrance is necessary, such entrance shall be constructed to the side or back of the residence and conform to all building codes.
g. A massage establishment shall be separated from the residence by complete partitioning and solid, self-closing doors (raised panel doors not acceptable).
h. All other guidelines outlined in this section shall be complied with.
i. Compliance with the home occupation regulations of the Tucson Zoning Code is required.
(Ord. No. 9991, § 2, 6-28-04)
No massage establishment license shall be issued or renewed if the applicant has been convicted within the last five (5) years of any felony or other of any offense involving moral turpitude, dangerous or narcotic drugs or marijuana, as enumerated in this Code and as defined in the Arizona Revised Statutes; or any such offense committed outside the state that would have been classified as one of the above offenses if committed within the state.
(Ord. No. 9991, § 2, 6-28-04)
Every person, association, firm, or corporation, to whom a license shall have been granted shall display the license in a conspicuous place upon the business premises. City license inspectors may inspect all places of business subject to the provisions of this article and the books and records thereof, and report all violations to the office of the director of finance and to the chief of police.
(Ord. No. 9991, § 2, 6-28-04)
A change of location of a massage establishment must be re-licensed pursuant to section 7-137. The applicant must complete an occupational application and pay all applicable fees.
(Ord. No. 9991, § 2, 6-28-04)
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